Author Info for Stikeman Elliott LLP

Spencer Abraham

Canada Launches Greenhouse Gas Offset Credit System

On June 8, 2022, the Federal Government launched Canada’s Greenhouse Gas Offset Credit System (the “Federal GHG Offset System”), with the publication of the Canadian Greenhouse Gas Offset Credit System Regulations (the… more

Carbon Capture and Sequestration, Carbon Emissions, Climate Change, Greenhouse Gas Emissions, Offsets

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Kevin Ackhurst

Enforcement At Last: Charges Laid for Violating Canada’s Russia Sanctions

A Russian expatriate with a Canadian-registered company has been charged by the RCMP under both the Special Economic Measures (Russia) Regulations (“Russia Regulations”) and the anti-money laundering provisions of the Criminal… more

Anti-Money Laundering, Canada, Criminal Investigations, Criminal Prosecution, Economic Sanctions

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Ryan Albaum

Government of Ontario Restricts United States Businesses from Participation in Public Sector Procurements

The Government of Ontario has issued the Procurement Restriction Policy (the “Policy”) which aims to restrict U.S. businesses from accessing public sector procurements in Ontario, including public procurements administered by… more

Canada, Economic Sanctions, Energy Policy, Energy Projects, Government Agencies

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Andrée-Anne Arbour-Boucher

TSX Amends Pricing Rules for Prospectus Offerings

On April 20, 2023, the Toronto Stock Exchange (“TSX”) adopted amendments (“Amendments”) to Section 606 – Prospectus Offerings of the TSX Company Manual (“the Manual”). Among other things, the Amendments provide greater clarity… more

Canada, Capital Markets, Private Placements, Prospectus, Securities Regulation

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Alethea Au

Ten Key Considerations for Growth Equity Investments in Canada: Part 3

As growth equity investment strategies gain prominence in global private equity fundraising and institutional capital allocation, we have seen an increase in this type of investment in Canadian companies, particularly by U.S… more

Canada, Equity Investors, Foreign Investment, Investment, Merger Reviews

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Jonathan Auerbach

Canadian Intellectual Property Office (CIPO) Official Fees to Increase Substantially on January 1, 2024

CIPO has recently announced that most of its official fees will increase by at least 25% in 2024. These adjustments will affect all pending applications for patents, trademarks, industrial designs and copyrights, as well as fees… more

Administrative Agencies, Canada, Canadian Intellectual Property Office (CIPO), Copyright, Corporate Counsel

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Nicholas Badeen

Invitation to Innovate: OSC LaunchPad for Retail Exposure to Long-Term Assets

The Ontario Securities Commission (“OSC”) announced the formation of a new OSC LaunchPad Long-Term Asset Fund Project (the “Project”) as part of an update on its proposed framework (the “Proposal”) to facilitate retail… more

Alternative Investment Funds, Canada, Capital Markets, Exemptions, Investment Funds

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Amy Barrington

An Opportunity for Alberta and Canada to Lead Globally on Data Centres

As the increasingly broad application of artificial intelligence (“AI”) transforms our business and societal needs, Alberta is in a unique position to take the lead on developing and hosting the required infrastructure to lead… more

Artificial Intelligence, Canada, Clean Energy, Cloud Computing, Data Centers

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Lambert Beaulac

Left on the Sidelines: The Canadian Patent Appeal Board Rules that Artificial Intelligence Cannot Hold Inventorship Status

Whether AI can be an “inventor” was the key issue in an important recent ruling of the Canadian Patent Appeal Board (the “PAB”). In Thaler, Stephen L. (Re), 2025 CACP 8, the PAB had to decide whether Canadian Patent Application… more

Artificial Intelligence, Canada, Corporate Counsel, Intellectual Property Protection, Inventors

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Geneviève Beebe

Understanding Canada’s New Digital Services Tax

Canada’s Digital Services Tax Act was enacted on June 20, 2024 and came into effect by Order in Council on June 28, 2024. The new legislation imposes a digital services tax of 3% on digital services revenue exceeding… more

Canada, Digital Services, Digital Services Tax, Income Taxes, New Legislation

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Archer Bell

Recent Judicial Decision of Interest to Energy Lawyers

Energy lawyers are frequently met with challenging legal issues within a rapidly changing regulatory and legal environment. It is essential to stay up to date on the latest caselaw from courts across Canada, and this article… more

Arbitration, Bankruptcy Court, Canada, Corporate Governance, Dispute Resolution

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Karine Bellavance

Commu(nica)ted Value: The Québec Superior Court Provides Guidance to Pension Plan Administrators and Employers

A recent Québec Superior Court decision (Bernard c. Association de bienfaisance et de retraite des policiers et policières de la Ville de Montréal (“Bernard”)) highlights the importance of clear communications with pension plan… more

Canada, Contract Terms, Employee Benefits, Employment Litigation, Fiduciary Duty

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Steven Bennett

Ontario’s Special Economic Zones: Key Features of the New Legislation

On June 5, 2025, Ontario’s Special Economic Zones Act, 2025 (“SEZA”) came into force. This legislation gives the Ontario cabinet regulatory authority to designate special economic zones (“SEZs”) in which designated proponents or… more

Economic Development, Energy Projects, Infrastructure, Natural Resources, New Legislation

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Maja Blanchette

I’m Listening: BC Appeal Court Confirms that Secretly Recording Colleagues Constitutes Just Cause

In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (“Shalagin”), the British Columbia Court of Appeal affirmed that surreptitiously recording fellow employees may constitute just cause… more

Canada, Confidential Information, Employees, Employment Litigation, Evidence

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Eric Blay

Recent Judicial Decision of Interest to Energy Lawyers

Energy lawyers are frequently met with challenging legal issues within a rapidly changing regulatory and legal environment. It is essential to stay up to date on the latest caselaw from courts across Canada, and this article… more

Arbitration, Bankruptcy Court, Canada, Corporate Governance, Dispute Resolution

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Shawn Blundell

TSX Requests Comments on Proposed Amendments to Section 606 of the Company Manual

On December 1, 2022, the Toronto Stock Exchange (TSX) published for comment certain proposed amendments (the Proposed Amendments) to Section 606 – Prospectus Offerings of the TSX Company Manual (the Manual). The Proposed… more

Canada, Capital Markets, Comment Period, Offerings, Private Placements

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Marjorie Bouchard

23andMe : une faille de sécurité qui rappelle l’importance d’une gouvernance proactive en matière de protection des renseignements personnels

En 2023, une cyberattaque d’envergure a exposé les données génétiques personnelles de millions d’utilisateurs de 23andMe, une société américaine offrant des services d’analyse du code génétique aux particuliers, poussant les… more

23andMe, Canada, Cyber Attacks, Cybersecurity, Data Breach

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Juliette Bousquet

Eternal Sunshine of the Stock-less Mind: The Judicial Saga on Treatment of Equity-Based Incentives upon Termination of Employment

What is the appropriate treatment under Quebec law of the equity-based incentives of an employee, upon termination of their employment without cause (serious reason)? Twenty years of case law suggest the question is all but… more

Canada, Contract Terms, Employee Benefits, Employer Responsibilities, Equity

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Christian Brands

Shareholder Activism and Shareholders’ Rights in Canadian Private and Public Companies: An Overview

A Q&A guide to the use of shareholder activism in Canada. The Q&A gives a high-level overview of the use and goals of shareholder activism, the regulation of shareholder activism, and the strategies and tools used by… more

Board of Directors, Canada, Corporate Governance, Shareholder Activism, Shareholder Rights

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Scott Brasil

Canada Introduces New Pandemic Support for Commercial Tenants, Focusing on Tourism, Hospitality and Other Hard-Hit Businesses

On December 17, 2021, Bill C-2, federal legislation that creates two new rent support programs, became law. As their names suggest, the Tourism and Hospitality Recovery Program (THRP) and the Hardest-Hit Business Recovery… more

Canada, Coronavirus/COVID-19, Critical Infrastructure Sectors, Financial Distress, Hospitality Industry

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Eric Bremermann

Bill 40: A New Focus for Ontario Energy

On June 3rd, 2025, the Government of Ontario introduced Bill 40, the Protect Ontario by Securing Affordable Energy for Generations Act (the “Bill”). If passed, the Bill will make amendments to the Electricity Act and the Ontario… more

Canada, Data Centers, Electricity, Energy Policy, Energy Projects

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Colin Burn

CSA Propose Amendments to Shelf Prospectus Regime for WKSIs

On September 21, 2023, the Canadian Securities Administrators (“CSA”) announced proposed amendments to National Instrument 44-102 Shelf Distributions (“NI 44-102”) relating to well-known seasoned issuers ("WKSIs")as well as… more

Canada, Canadian Securities Administration, Financial Markets, Proposed Amendments, Prospectus

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Jonathan Buysen

British Columbia Court of Appeal Says Shotgun Offer Can’t Be Revoked

Be careful before you pull the trigger – this is the main takeaway from the recent decision of Blackmore Management Inc. v. Carmanah Management Corporation, in which the British Columbia Court of Appeal (BCCA) concluded that an… more

Appeals, Canada, Corporate Sales Transactions, Shareholders' Agreements

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Stuart Carruthers

AI Use by Financial Institutions: Québec’s AMF Publishes Draft Guidelines

On July 3, 2025, Québec’s financial institutions regulator – the Autorité des marchés financiers (“AMF”) – published draft guidelines (“Draft Guidelines”) on the use of artificial intelligence systems (“AI Systems”) by financial… more

Artificial Intelligence, Best Practices, Canada, Compliance, Corporate Governance

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Heather Cattell

Asbestos: To Remove or Not to Remove – Is That the Question?

The Alberta Court of King’s Bench provides clarification on both the interpretation and application of the Occupational Health and Safety Act regarding asbestos as well as the duties of landlords and tenants to carry out their… more

Asbestos, Breach of Contract, Canada, Commercial Leases, Contract Disputes

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Candace Cerone

Back-and-Forth Levies in the North American Trade War: The Latest Tariff Announcements (Update)

We continue to follow the U.S.-Canada trade dispute, in the context of the changing global trade situation, and will continue to update the following as required. This new post updates the situation to include (i) the most… more

America First Trade Policy, Anti-Dumping Duty, Canada, Countermeasures, Executive Orders

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Jeilah Chan

Canadian Intellectual Property Office (CIPO) Official Fees to Increase Substantially on January 1, 2024

CIPO has recently announced that most of its official fees will increase by at least 25% in 2024. These adjustments will affect all pending applications for patents, trademarks, industrial designs and copyrights, as well as fees… more

Administrative Agencies, Canada, Canadian Intellectual Property Office (CIPO), Copyright, Corporate Counsel

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Amy Chao

International Comparative Legal Guide – Alternative Investment Funds 2023: Canada

1 Regulatory Framework - 1.1 What legislation governs the establishment and operation of Alternative Investment Funds? In Canada, the term “alternative investment fund” or AIF is not a term of art. Canadian securities… more

Alternative Investment Funds, Closed-End Funds, Investment, Investment Funds, Investment Opportunities

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Justine Chaput

Bill 96 in Effect as of June 1st, 2022: What Québec Employers Need to Know

This post is a follow-up to two initiatives taken by our Employment and Labour Group regarding Bill 96, as well as the post published by our firm regarding the business impacts of Bill 96… more

Canada, Employer Liability Issues, French Language Requirements, International Labor Laws, Labor Reform

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Janene Charles

CBCA Corporations to Begin Submitting Transparency Registers to the Government: Public Access to Follow

Canada’s federal beneficial ownership transparency requirements are changing again. Beginning January 22, 2024, federal corporations will be required to provide certain information from their registers of individuals with… more

Beneficial Owner, Canada, CBCA, Corporate Governance, Regulatory Requirements

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Keith Chatwin

Public Safety Canada’s Latest Guidance Provides Welcome Clarification to Forced and Child Labour Reporting Rules

Following the completion of the first submission cycle under the Fighting Against Forced Labour and Child Labour in Supply Chains Act, S.C. 2023, c. 9 (“FAFL”) at the end of May 2024, Public Safety Canada has updated its… more

Canada, Child Labor, Forced Labor, Human Rights, Supply Chain

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Jonathan Cheng

Inclusionary Zoning Takes Effect in Parts of Toronto as Ontario Approves Certain Protected Major Transit Areas

On August 15, 2025, Ontario’s Minister of Municipal Affairs and Housing (the “Minister”) announced the approval of several Official Plan Amendments, with modifications, to increase density and height limits in certain Major… more

Affordable Housing, Canada, City Planning Departments, Density Bylaws, Inclusionary Housing Ordinance

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Halyna Chumak

Invitation to Innovate: OSC LaunchPad for Retail Exposure to Long-Term Assets

The Ontario Securities Commission (“OSC”) announced the formation of a new OSC LaunchPad Long-Term Asset Fund Project (the “Project”) as part of an update on its proposed framework (the “Proposal”) to facilitate retail… more

Alternative Investment Funds, Canada, Capital Markets, Exemptions, Investment Funds

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Kirsten Cirella

Study Period: What to Do When the Canadian Competition Bureau Starts a Market Study of Your Industry

Recent (and ongoing) amendments to the Competition Act have resulted in several new powers for the Competition Bureau, which may have significant and far-reaching implications for businesses in Canada. One such amendment that… more

Antitrust Provisions, Canada, Competition, Competition Act, Regulatory Requirements

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Gary Clarke

Needle-less Dispute? BC Court Finds That Unpaid Leave Due to Non-Compliance Did Not Amount to Constructive Dismissal

The COVID-19 litigation lag continues to play out in Canadian courts; and employers are starting to get some clarity on some of the key workplace issues that arose during the pandemic. In Clark v. City of Prince George,… more

Canada, Coronavirus/COVID-19, Employee Rights, Employer Responsibilities, Employment Contract

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Vanessa Clusiau

Tax Court of Canada Denies GST/HST Input Tax Credit Claims in Connection with a Settlement Payment

In a general procedure hearing that was later moved under the informal procedure rules and rendered on December 17, 2024, the Tax Court of Canada (the “Tax Court”) dismissed 267 O’Connor Limited’s (the “Appellant”) appeal, and… more

Canada, Settlement, Tax Court, Tax Credits, Tax Deductions

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Vanessa Coiteux

Environmental, Social & Governance Law 2025 Canada

1 Setting the Scene – Sources and Overview - 1.1 What are the main substantive ESG-related regulations and who is driving the regulatory agenda in your jurisdiction? Originally Published in the International Comparative… more

Canada, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Policies

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Shannon Corbeil Bathurst

Quebec Government Adopts Bill 69 to Modernize Energy Legislation

On June 6, 2024, the Minister of Economy, Innovation and Energy tabled Bill 69 - An Act to ensure the responsible governance of energy resources and to amend various legislative provisions (the "Bill"). Over the past year, the… more

Canada, Electricity, Energy Policy, Energy Projects, Energy Sector

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Andrew Cunningham

FSRA Proposes New Regulatory Framework for Life and Health Managing General Agents in Ontario

On January 28, 2025, the Financial Services Regulatory Authority of Ontario (“FSRA”) published Proposed Rule 2025-001 (the “Proposed Rule”), which builds on recent amendments to the Insurance Act (the “Act”). Those amendments… more

Canada, Compliance, Financial Services Industry, Insurance Industry, Insurance Regulations

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Lorna Cuthbert

Practical Law: International Secondments into and out from Canada

An international secondment takes place when an employee (or group of employees) is temporarily assigned to work for a different part of their employer or employer's group in another jurisdiction or for a different organisation… more

Canada, Employees, Employment Terms, International Labor Laws, Secondments

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Alix d'Anglejan-Chatillon

Coming Soon: Amendments to Canada’s OTC Derivatives Trade Reporting Regime

The Canadian Securities Administrators (“CSA”) have released several updates in the last year to Canada’s trade reporting regime for over-the-counter (“OTC”) derivatives. In July 2024, all members of the CSA published final… more

Canada, Canadian Securities Administration, CFTC, Derivatives, Final Rules

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Julie D'Avignon

Alberta Carbon Capture Incentive Program and Federal CCUS Investment Tax Credit – Two Green Lights for Carbon Capture in Alberta

On November 28, 2023, the Alberta government introduced the Alberta Carbon Capture Incentive Program (“ACCIP”), a new grant offered by the provincial government to incentivize carbon capture, utilization, and storage (“CCUS”)… more

Canada, Carbon Capture and Sequestration, Carbon Emissions, Climate Action Plan, Climate Change

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Alan D'Silva

Who Should Pay? Ontario Court of Appeal Provides Needed Guidance on Allocation of Defence Costs Among Insurers for Class Actions Spanning Decades

In Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145, the Ontario Court of Appeal, among other things, overturned the lower court’s finding that insureds were entitled to seek 100% of… more

Appeals, Canada, Class Action, Defense Costs, Duty to Defend

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Chelsea Daku

Alberta Carbon Capture Incentive Program and Federal CCUS Investment Tax Credit – Two Green Lights for Carbon Capture in Alberta

On November 28, 2023, the Alberta government introduced the Alberta Carbon Capture Incentive Program (“ACCIP”), a new grant offered by the provincial government to incentivize carbon capture, utilization, and storage (“CCUS”)… more

Canada, Carbon Capture and Sequestration, Carbon Emissions, Climate Action Plan, Climate Change

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Michael Decicco

Employee Ownership Trusts: Full Steam Ahead After Government’s Fall Economic Statement

On November 21, 2023, the Government of Canada released its Fall Economic Statement. Among the measures included in the statement are improved tax incentives for Employee Ownership Trusts (“EOTs”)… more

Canada, Capital Gains, International Tax Issues, Selling a Business, Tax Rates

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Aurélie Derigaud-Choquette

Protecting Employees From Violence in the Workplace: an Obligation with Uncertain Ramifications

Since the adoption of Bill 59 on September 30, 2021, the Act respecting Occupational Health and Safety (the “Act”) provides, in section 51(16), that employers must “take the measures to ensure the protection of a worker exposed… more

Canada, Employees, Employer Liability Issues, International Labor Laws, Policies and Procedures

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Christi Devenyi

Glass Lewis Releases 2022 Voting Policies: Key Updates to ESG, Diversity and General Board Composition

Environment, social and governance (ESG) and gender diversity remain in focus as Glass Lewis publishes Proxy Voting Guidelines for 2022; board composition, share structure and incentive awards also addressed, among others… more

Canada, Corporate Governance, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Glass Lewis

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Luca Di Donato

Canada Introduces New Pandemic Support for Commercial Tenants, Focusing on Tourism, Hospitality and Other Hard-Hit Businesses

On December 17, 2021, Bill C-2, federal legislation that creates two new rent support programs, became law. As their names suggest, the Tourism and Hospitality Recovery Program (THRP) and the Hardest-Hit Business Recovery… more

Canada, Coronavirus/COVID-19, Critical Infrastructure Sectors, Financial Distress, Hospitality Industry

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Julia Dmitrijeva

Temporary Relief Will Provide Well-Known Seasoned Issuers (WKSIs) with Accelerated Access to Public Markets

Beginning in 2022, well-known seasoned issuers (WKSIs) will be exempt from certain base shelf prospectus filing requirements, including the requirement to file a preliminary base shelf prospectus, in accordance with… more

Canada, Canadian Securities Administration, Exemptions, Filing Requirements, Financial Markets

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Natasha Doelman

Recent Judicial Decision of Interest to Energy Lawyers

Energy lawyers are frequently met with challenging legal issues within a rapidly changing regulatory and legal environment. It is essential to stay up to date on the latest caselaw from courts across Canada, and this article… more

Arbitration, Bankruptcy Court, Canada, Corporate Governance, Dispute Resolution

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Rebekah Dong

Prorogation of Parliament and the Proposed Capital Gains Inclusion Rate Increase

On January 6, 2025, Prime Minister Justin Trudeau announced his resignation as prime minister and the prorogation of Parliament until March 24, 2025. At the federal level, prorogation is an act by the Governor General, advised… more

Canada, Canada Revenue Agency (CRA), Capital Gains, Income Taxes, Proposed Legislation

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Sarah Doritty

Alberta Expands Captive Insurers’ Ability to Reinsure Certain Third-Party Risks

On December 12, 2024, the Alberta Superintendent of Insurance (the “Superintendent”) issued Interpretation Bulletin 08-2024 (the “Bulletin”) extending the ability of captive insurers to reinsure certain third-party risks. As… more

Canada, Captive Insurance Company, Insurance Regulations, Reinsurance, Third-Party Risk

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Jonathan Drance

Permitting Reform for Renewable Energy Projects

B.C. recently introduced and passed Bill 14 – the Renewable Energy Projects (Streamlined Permitting) Act… more

Canada, Clean Energy, Energy Policy, Energy Projects, Environmental Assessments

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Denise Duifhuis

CBCA Corporations to Begin Submitting Transparency Registers to the Government: Public Access to Follow

Canada’s federal beneficial ownership transparency requirements are changing again. Beginning January 22, 2024, federal corporations will be required to provide certain information from their registers of individuals with… more

Beneficial Owner, Canada, CBCA, Corporate Governance, Regulatory Requirements

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Danny Duy Vu

Ontario Court Approves of Use of Reverse Vesting Transactions and Provides Guidance for Future Transactions

The Ontario Superior Court of Justice (Commercial List) (the “Court”) in Re Harte Gold Corp., issued its first published decision on the use of reverse vesting orders (“RVOs”) finding that the Companies’ Creditors Arrangement… more

Canada, Corporate Sales Transactions, Creditor Protection, Insolvency, Restructuring

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Michael Dyck

Asbestos: To Remove or Not to Remove – Is That the Question?

The Alberta Court of King’s Bench provides clarification on both the interpretation and application of the Occupational Health and Safety Act regarding asbestos as well as the duties of landlords and tenants to carry out their… more

Asbestos, Breach of Contract, Canada, Commercial Leases, Contract Disputes

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Charif El-Khouri

Québec’s Unique Pension and Benefits Law Requirements for Employers: Two Illustrations

When engaging employees (or acquiring a business that engages employees) in the Canadian province of Québec, employers and prospective employers should note two unique pension and benefit law requirements, which are absent in… more

Canada, Employee Benefits, International Labor Laws, Pensions, Retirement

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Sandra Elashmouny

Canada’s Drug Agency Launches Public Consultation on Proposed List of Essential Prescription Drugs and Related Products

On June 19, 2025, Canada’s Drug Agency (“CDA”) opened a public consultation to gather input on a proposed list of essential prescription drugs and related products. This initiative is part of the agency’s responsibilities under… more

Canada, Canadian Intellectual Property Office (CIPO), Consultation, Government Agencies, Healthcare

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David Elder

New Public Register Proposed for Advocates of Foreign State-Owned and Controlled Enterprises (UPDATE)

Update: Bill C-70, the Countering Foreign Interference Act, has been passed by Parliament and received Royal Assent on June 20, 2024. The only amendment made to the Foreign Influence Transparency and Accountability Act, as… more

Canada, Foreign Investment, Registration Requirement, State-Owned Enterprises

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Andrew Elliott

Important Amendments to Regulations under the Prohibition on the Purchase of Residential Property by Non-Canadians Act

On March 27, 2023, the Federal Government of Canada announced Regulations Amending the Prohibition on the Purchase of Residential Property by Non-Canadians Regulations (together “the Amended Regulations”) which come into force… more

Canada, Commercial Real Estate Contracts, Foreign Investment, New Legislation, Property Ownership

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Jeffrey Elliott

Invitation to Innovate: OSC LaunchPad for Retail Exposure to Long-Term Assets

The Ontario Securities Commission (“OSC”) announced the formation of a new OSC LaunchPad Long-Term Asset Fund Project (the “Project”) as part of an update on its proposed framework (the “Proposal”) to facilitate retail… more

Alternative Investment Funds, Canada, Capital Markets, Exemptions, Investment Funds

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Patrick Essiminy

Québec Language Requirements in the Workplace

Since 1977, the Charter of the French Language, CQLR, c. C-11 (CFL) provides that French is the official language in the province of Québec and protects the linguistic rights of Québec citizens. Originally Published from… more

Anti-Discrimination Policies, Canada, Discrimination, Employee Rights, Employer Responsibilities

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David Feldman

Enforcement At Last: Charges Laid for Violating Canada’s Russia Sanctions

A Russian expatriate with a Canadian-registered company has been charged by the RCMP under both the Special Economic Measures (Russia) Regulations (“Russia Regulations”) and the anti-money laundering provisions of the Criminal… more

Anti-Money Laundering, Canada, Criminal Investigations, Criminal Prosecution, Economic Sanctions

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Karen Fellowes

Recent Judicial Decision of Interest to Energy Lawyers

Energy lawyers are frequently met with challenging legal issues within a rapidly changing regulatory and legal environment. It is essential to stay up to date on the latest caselaw from courts across Canada, and this article… more

Arbitration, Bankruptcy Court, Canada, Corporate Governance, Dispute Resolution

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Warren Ferguson

Back-and-Forth Levies in the North American Trade War: The Latest Tariff Announcements (Update)

We continue to follow the U.S.-Canada trade dispute, in the context of the changing global trade situation, and will continue to update the following as required. This new post updates the situation to include (i) the most… more

America First Trade Policy, Anti-Dumping Duty, Canada, Countermeasures, Executive Orders

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Stefan Fews

Real Estate in Canada – Law and Practice

1. General - 1.1 Main Sources of Law - Under Canada’s federal constitution, laws relating to real estate fall almost exclusively within provincial jurisdiction. Specifically, each Canadian province enacts its own… more

Canada, Commercial Leases, Construction Project, Environmental Policies, Financing

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Mark Firman

Commu(nica)ted Value: The Québec Superior Court Provides Guidance to Pension Plan Administrators and Employers

A recent Québec Superior Court decision (Bernard c. Association de bienfaisance et de retraite des policiers et policières de la Ville de Montréal (“Bernard”)) highlights the importance of clear communications with pension plan… more

Canada, Contract Terms, Employee Benefits, Employment Litigation, Fiduciary Duty

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Peter Flynn

Economic Security as National Security: Canadian Foreign Investment Review Policy Update

Canada's Minister of Industry announced that “economic security” will be an additional factor considered by the Canadian government when assessing transactions subject to the Investment Canada Act… more

Canada, Foreign Investment, International Relations, International Trade, Investment

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Camille Foczeny

Coming into force of Bill 42: An Act to prevent and fight psychological harassment and sexual violence in the workplace

On March 27, 2024, Bill 42, an Act to prevent and fight psychological harassment and sexual violence in the workplace, was assented to by the Lieutenant governor of Québec ("Bill 42"). Jean Boulet, Minister of Labour, introduced… more

Canada, Employees, Employer Liability Issues, Labor Reform, New Legislation

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Alyson Frankie

Case Law Update: Age-Based Distinction in Long-Term Disability Benefit Plan Justified under Section 1 of the Charter

In Rayonier v. Unifor, Locals 256 and 89 (the “Decision”) the long-term disability (“LTD”) coverage provided by Rayonier (the “Employer”) under the parties’ collective agreement was challenged by Unifor, Locals 256 and 89 (the… more

Age Discrimination, Canada, Collective Bargaining Agreements (CBA), Elder Issues, Eligibility Determination

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Aaron Fransen

Legislative, Procurement and Governmental Updates Signal that British Columbia is Ripe for Renewable Energy Development

Recent legislative, procurement and governmental updates, including BC Hydro’s upcoming Call for Power and updates to the BC Clean Energy Act will create increased opportunities for renewable energy development in the province… more

Canada, Clean Energy, Climate Action Plan, Climate Change, Energy Projects

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Jordan Fremont

Pensions and Leaves of Absences – No Extension of Canada Labour Code Protections to Other Retirement or Savings Plans

In the decision of WestJet Encore v ALPA, dated March 31, 2025, Arbitrator Kaplan held that a Canada Labour Code (the “Code”) provision which requires that pension (as well as health and disability) benefits continue to be made… more

Arbitration, Canada, Employee Benefits, Employee Rights, Employment Policies

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Franco Gadoury

2023 Fall Economic Statement: Clean Economy Measures

On November 21, 2023, the Department of Finance of Canada released its Fall Economic Statement (the “Economic Statement”). The Economic Statement proposes updates to certain measures to grow Canada’s clean economy previously… more

Canada, Clean Energy, Department of Finance, Green Infrastructure, Investment Tax Credits

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Mariane Gagné

Quebec Government Adopts Bill 69 to Modernize Energy Legislation

On June 6, 2024, the Minister of Economy, Innovation and Energy tabled Bill 69 - An Act to ensure the responsible governance of energy resources and to amend various legislative provisions (the "Bill"). Over the past year, the… more

Canada, Electricity, Energy Policy, Energy Projects, Energy Sector

See all updates »

Ariane Gagnon

23andMe : une faille de sécurité qui rappelle l’importance d’une gouvernance proactive en matière de protection des renseignements personnels

En 2023, une cyberattaque d’envergure a exposé les données génétiques personnelles de millions d’utilisateurs de 23andMe, une société américaine offrant des services d’analyse du code génétique aux particuliers, poussant les… more

23andMe, Canada, Cyber Attacks, Cybersecurity, Data Breach

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Raphaël Gauthier

An Accident While Working From Home Can Still Cause an Occupational Injury

Since the beginning of the pandemic caused by COVID-19, remote work has become the norm for many companies. However, even when work is performed at the worker's home, the worker can still file a claim with Quebec’s workers’… more

Appeals, Canada, Coronavirus/COVID-19, Employees, Employer Liability Issues

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Kevin Graham

Powering-down Use of Registered Trademarks in Comparative Advertising

Section 22 of the Canadian Trademarks Act prohibits the use of a registered trademark “in a manner that is likely to have the effect of depreciating the value of the goodwill attaching thereto”… more

Canada, Comparative Advertising, Competition Act, False Advertising, Intellectual Property Protection

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Sarah Graham

Limitation Periods and the Environmental Protection and Enhancement Act

The Alberta Court of Queen’s Bench (the “Court”) has added to the relatively sparse case law on whether an extension to a limitation period will be granted under section 218 of the Environmental Protection and Enhancement Act,… more

Canada, Environmental Claims, Environmental Policies, Oil & Gas, Pollution Control

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Daniel Gralnick

Bill S-211 in Context: Five Ways That Canada Regulates Forced and Child Labour

Bill S-211 – the Fighting Against Forced Labour and Child Labour in Supply Chains Act – which requires businesses to report on their efforts to combat forced and child labour, is set to take effect in 2024. In this post, which… more

Canada, Child Labor, Corporate Social Responsibility, Critical Infrastructure Sectors, Forced Labor

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Ivan Grbesic

Ontario’s Special Economic Zones: Key Features of the New Legislation

On June 5, 2025, Ontario’s Special Economic Zones Act, 2025 (“SEZA”) came into force. This legislation gives the Ontario cabinet regulatory authority to designate special economic zones (“SEZs”) in which designated proponents or… more

Economic Development, Energy Projects, Infrastructure, Natural Resources, New Legislation

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Ramandeep Grewal

Coming Soon: Amendments to Canada’s OTC Derivatives Trade Reporting Regime

The Canadian Securities Administrators (“CSA”) have released several updates in the last year to Canada’s trade reporting regime for over-the-counter (“OTC”) derivatives. In July 2024, all members of the CSA published final… more

Canada, Canadian Securities Administration, CFTC, Derivatives, Final Rules

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Catherine Grygar

Environmental, Social & Governance Law 2025 Canada

1 Setting the Scene – Sources and Overview - 1.1 What are the main substantive ESG-related regulations and who is driving the regulatory agenda in your jurisdiction? Originally Published in the International Comparative… more

Canada, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Policies

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Peter Hamilton

Ottawa Issues Emergencies Act Proclamation, Order and Regulations, Citing Blockades at Various Locations in Canada

Executive Summary - The steps that the Canadian government has recently taken under the Emergencies Act in relation to blockades that are stated to be occurring in places throughout Canada pose significant compliance… more

Canada, Crowdfunding, Financial Services Industry, Money Services Business, New Guidance

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Kyle Hatton

Bill 40: A New Focus for Ontario Energy

On June 3rd, 2025, the Government of Ontario introduced Bill 40, the Protect Ontario by Securing Affordable Energy for Generations Act (the “Bill”). If passed, the Bill will make amendments to the Electricity Act and the Ontario… more

Canada, Data Centers, Electricity, Energy Policy, Energy Projects

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Philip Henderson

CSA Publish Derivatives Data Reporting Transition Guidance

Amendments to swap data reporting rules are expected to be implemented by the Commodity Futures Trading Commission (CFTC) in December 2022. The Canadian Securities Administrators (CSA) have issued guidance to market participants… more

Canada, Canadian Securities Administration, CFTC, Committee on Payments and Market Infrastructure (CPMI), Derivatives

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Sinziana Hennig

Ontario’s Top Court Affirms Evidentiary Principles on Motions for Leave to Commence a Secondary Market Misrepresentation Action

In Drywall Acoustic Lathing and Insulation (Pension Fund, Local 675) v. Barrick Gold Corporation, 2024 ONCA 105, the Ontario Court of Appeal affirmed the lower court’s decision denying in part the motion for leave to commence a… more

Canada, Class Action, Financial Markets, Misrepresentation, Ontario

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Coltyn Herman

An Oppressive Outcome: Alberta Court Finds Directors Responsible for Severance Obligations

The recent decision of the Alberta Court of Queen’s Bench, Wisser v CEM International Management Consultants Ltd., 2022 ABQB 414, determined that the oppression remedy under the Alberta Business Corporations Act (“ABCA”), could… more

Adverse Employment Action, Canada, Contract Terms, Damages, Employees

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Jeff Hershenfield

CSA Republish Proposals to Implement an “Access Equals Delivery” Model for Certain Continuous Disclosure Documents

The Canadian Securities Administrators (“CSA”) have republished for comment proposed rule amendments and policy changes to implement an “access equals delivery” model for certain continuous disclosure documents of non-investment… more

Canada, Canadian Securities Administration, Corporate Governance, Disclosure Requirements, Investment Funds

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Samantha Horn

Choose Your Words Carefully: Three Recent Earnout Cases Under Delaware Law

When the prospects of an acquired business are uncertain, an earnout can bridge the valuation gap between buyer and seller and help get the deal done. Taking this route is not without risk, however, particularly where… more

Acquisition Agreements, Breach of Contract, Buyers, Canada, Contract Terms

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Rachel Hutton

Permitting Reform for Renewable Energy Projects

B.C. recently introduced and passed Bill 14 – the Renewable Energy Projects (Streamlined Permitting) Act… more

Canada, Clean Energy, Energy Policy, Energy Projects, Environmental Assessments

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Alexandra Iannarino

Canada’s 2022 Federal Budget: Commodity Tax Measures

On April 7, 2022, the Government of Canada unveiled its 2022 federal budget (“Budget 2022”) and announced certain important commodity tax measures. Budget 2022 includes proposed amendments to past proposals, as well as some… more

Beer, Canada, Cannabis Products, Excise Tax, Federal Budget

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Michael Jacobs

Corporate Finance and M&A in Québec: Finding the Bright Spots in a Challenging Year

In 2023, private equity, mergers and acquisitions and venture capital financings have experienced a slowdown across Canada, on the heels of a historically strong year in 2022. In this post we look specifically at the province of… more

Acquisition Agreements, Canada, Capital Investments, Capital Markets, Capital Raising

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Maxime Jacquin

Alternative Energy and Power 2022

This is the fourth release of the Chambers Global Practice Guide for Alternative Energy & Power, which was launched in 2018 amid a transformation of the global electrical energy and power industry. The factors driving change… more

Canada, Carbon Emissions, Energy Policy, Energy Reform, Infrastructure

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Catherine Jenner

Québec’s Language Legislation: Be Ready for Important Changes Impacting Commercial Contracts, Trademark Usage and Government Filing Requirements

Our August 2022 post summarized the main business-related changes that Bill 96 made to the Québec Charter of the French Language (“Charter”). This post provides updates on several key issues, particularly the potential impact on… more

Canada, Contract Drafting, Contract Formation, Contract Terms, French Language Requirements

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Meghan Jones

Mergers & Acquisitions 2024 Canada

1 Relevant Authorities and Legislation - 1.1 What regulates M&A? The acquisition of a Canadian public issuer is largely regulated by, but not limited to, the following: ■ securities laws enacted by each of Canada’s… more

Acquisition Agreements, Canada, Corporate Sales Transactions, Merger Agreements

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Caroline Jordan

Inclusionary Zoning Takes Effect in Parts of Toronto as Ontario Approves Certain Protected Major Transit Areas

On August 15, 2025, Ontario’s Minister of Municipal Affairs and Housing (the “Minister”) announced the approval of several Official Plan Amendments, with modifications, to increase density and height limits in certain Major… more

Affordable Housing, Canada, City Planning Departments, Density Bylaws, Inclusionary Housing Ordinance

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Rachel Kardal

Employers and Beyond: Human Rights and Accommodation Obligations May Extend to Site Owners, Contractors and Other Third Parties

In MacKay v. Civeo Corporation and another, 2024 BCHRT 271, the British Columbia Human Rights Tribunal (the “Tribunal”) reaffirmed the principle that human rights protections in employment contexts extend beyond the… more

Adverse Employment Action, Canada, Contractors, Disability Discrimination, Employer Liability Issues

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Katherine Kay

The Latest Iteration of the Canadian Government’s Debarment Regime: What Businesses Need to Know

Businesses that contract with the Government of Canada should take note of recent changes to the government’s Ineligibility and Suspension Policy (“Policy”). In force as of May 31, 2024, the Policy amounts to another overhaul of… more

Canada, Eligibility Determination, Federal Contractors, Federal Procurement Systems, Regulatory Requirements

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Brendan Kennedy

Public Safety Canada’s Latest Guidance Provides Welcome Clarification to Forced and Child Labour Reporting Rules

Following the completion of the first submission cycle under the Fighting Against Forced Labour and Child Labour in Supply Chains Act, S.C. 2023, c. 9 (“FAFL”) at the end of May 2024, Public Safety Canada has updated its… more

Canada, Child Labor, Forced Labor, Human Rights, Supply Chain

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Shereen Khalfan

The Manitok Energy Decision: Builders’ Lien Priority Rights Could Be Lost When Lands Are Subject to AER Abandonment Liability

A recent appellate decision from Alberta, Manitok Energy Inc. (Re), marks another chapter in the developing caselaw surrounding environmental obligations in insolvency proceedings. In the decision, the Alberta Court of Appeal… more

Abandonment, Appeals, Asset Management, Commercial Bankruptcy, Insolvency

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Khalfan Khalfan

Employee Privacy: Right to Access Personnel Files

One area of practical importance to employers is an employee’s right to examine material contained in his or her personnel file. Often times an employee will request a copy of his or her employee personnel file. Sometimes the… more

Canada, Data Protection, Employee Privacy Rights, Employee Rights, Employment Policies

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Michael Kilby

Economic Security as National Security: Canadian Foreign Investment Review Policy Update

Canada's Minister of Industry announced that “economic security” will be an additional factor considered by the Canadian government when assessing transactions subject to the Investment Canada Act… more

Canada, Foreign Investment, International Relations, International Trade, Investment

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Chelsea Kirsch

Ontario’s Latest COVID-19 Restrictions: Employees Required to Work From Home Again

At 12:01am on January 5, 2022, Ontario will implement additional COVID-19 public health measures. These restrictions include the closure of certain businesses, capacity limit reductions, and a requirement that employees work… more

Business Closures, Business Continuity Plans, Canada, Coronavirus/COVID-19, Emergency Management Plans

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Jennifer Koschinsky

No Time (Limit) for Overtime: Alberta Court Expands Lookback Period for Statutory Overtime

The Ruling in Scheffler v Mourits Trucking Ltd. Employees who advance civil claims for unpaid overtime with the Alberta Courts may no longer confined to the six-month period immediately preceding the date of the claim (as… more

Canada, Employees, Employer Liability Issues, Employment Litigation, International Labor Laws

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Andrea Kroetch

Deadlines and Extensions of Time Reduced at the Trademarks Opposition Board as of December 1, 2023

The Canadian Intellectual Property Office has announced that as of December 1, 2023, updates to the Practice Notices for trademark opposition proceedings and section 45 (non-use cancellation) proceedings will come into effect… more

Canada, Deadlines, Intellectual Property Protection, Time Extensions, Trademark Infringement

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P. Jason Kroft

Canada Releases its New 2030 Emissions Reduction Plan

On March 29, 2022, the Minister of Environment and Climate Change, supported by Prime Minister Justin Trudeau, tabled Canada’s new 2030 Emissions Reduction Plan (the “Plan”). The Plan describes the existing and new measures that… more

Air Pollution, Canada, Carbon Emissions, Clean Energy, Climate Action Plan

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Erik Richer La Flèche

Mining Law: Canada Capital Markets: Canada

I am pleased to have participated in the preparation of the eleventh edition of The Mining Law Review. The Review is designed to be a practical, business-focused ‘year in review’ analysis of recent changes, developments and… more

Antitrust Provisions, Canada, Capital Markets, Corporate Finance, Foreign Investment

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John Laffin

Mergers & Acquisitions 2024 Canada

1 Relevant Authorities and Legislation - 1.1 What regulates M&A? The acquisition of a Canadian public issuer is largely regulated by, but not limited to, the following: ■ securities laws enacted by each of Canada’s… more

Acquisition Agreements, Canada, Corporate Sales Transactions, Merger Agreements

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Vincent Lalonde

Coming into force of Bill 42: An Act to prevent and fight psychological harassment and sexual violence in the workplace

On March 27, 2024, Bill 42, an Act to prevent and fight psychological harassment and sexual violence in the workplace, was assented to by the Lieutenant governor of Québec ("Bill 42"). Jean Boulet, Minister of Labour, introduced… more

Canada, Employees, Employer Liability Issues, Labor Reform, New Legislation

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Sophie Lamonde

Private Equity in Canada: Market and Regulatory Overview

A Q&A guide to private equity law in Canada. The Q&A gives a high level overview of the key practical issues including the level of activity and recent trends in the market; investment incentives for institutional and… more

Canada, Capital Markets, Investment, Investors, Private Equity

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Dennis Langen

An Opportunity for Alberta and Canada to Lead Globally on Data Centres

As the increasingly broad application of artificial intelligence (“AI”) transforms our business and societal needs, Alberta is in a unique position to take the lead on developing and hosting the required infrastructure to lead… more

Artificial Intelligence, Canada, Clean Energy, Cloud Computing, Data Centers

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Calvin Lantz

Inclusionary Zoning Takes Effect in Parts of Toronto as Ontario Approves Certain Protected Major Transit Areas

On August 15, 2025, Ontario’s Minister of Municipal Affairs and Housing (the “Minister”) announced the approval of several Official Plan Amendments, with modifications, to increase density and height limits in certain Major… more

Affordable Housing, Canada, City Planning Departments, Density Bylaws, Inclusionary Housing Ordinance

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Antonin Lapointe

2024 Federal Budget: Sales and Excise Tax Measures

On April 16, 2024 (“Budget Day”), the federal government released its annual budget (“Budget 2024”), which includes certain sales and excise tax measures and also confirms the government’s intention to proceed with several other… more

Budgets, Canada, Educational Institutions, Excise Tax, First Nations

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Karelle LaRoche

Impairment in the workplace—What if “zero tolerance” is insufficient for prevention?

Substance abuse can pose a serious risk of accident in the workplace. Since employers have a general duty to ensure their employees’ health and safety, they must see to it that their employees do not perform their duties while… more

Artificial Impairment, Canada, Drug & Alcohol Abuse, Employees, Employer Liability Issues

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Patricia Larouche

Quebec Government Adopts Bill 69 to Modernize Energy Legislation

On June 6, 2024, the Minister of Economy, Innovation and Energy tabled Bill 69 - An Act to ensure the responsible governance of energy resources and to amend various legislative provisions (the "Bill"). Over the past year, the… more

Canada, Electricity, Energy Policy, Energy Projects, Energy Sector

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Michael Laskey

Economic Security as National Security: Canadian Foreign Investment Review Policy Update

Canada's Minister of Industry announced that “economic security” will be an additional factor considered by the Canadian government when assessing transactions subject to the Investment Canada Act… more

Canada, Foreign Investment, International Relations, International Trade, Investment

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Tara Law

ISS and Glass Lewis 2025 Canadian Benchmark Policy Guidelines

Institutional Shareholder Services (“ISS”) and Glass Lewis have published their Canadian benchmark policy guidelines for the 2025 proxy season. Key updates focus on the board’s oversight of artificial intelligence (“AI”),… more

Artificial Intelligence, Board of Directors, Canada, Corporate Governance, Disclosure Requirements

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Kim Le

Private Equity in Canada: Market and Regulatory Overview

A Q&A guide to private equity law in Canada. The Q&A gives a high level overview of the key practical issues including the level of activity and recent trends in the market; investment incentives for institutional and… more

Canada, Capital Markets, Investment, Investors, Private Equity

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Simon Ledsham

Canada Officially Jettisons the Hamburg Rules: Marine Liability Act Amended

After two decades of consistent recommendations by Transport Canada, it appears that the Canadian Parliament has finally given up hope of implementing the Hamburg Rules as a new liability regime for the carriage of goods by… more

Canada, Carriage Disputes, Goods or Services, Maritime Transport, Shipping

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John Lee

Mergers & Acquisitions 2024 Canada

1 Relevant Authorities and Legislation - 1.1 What regulates M&A? The acquisition of a Canadian public issuer is largely regulated by, but not limited to, the following: ■ securities laws enacted by each of Canada’s… more

Acquisition Agreements, Canada, Corporate Sales Transactions, Merger Agreements

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Larissa Lees

Alberta Utilities Commission Releases Hydrogen Inquiry Report

In March 2022, after publishing a Hydrogen Roadmap in late 2021 and identifying Alberta as being well-positioned to participate in the global hydrogen economy, the Government of Alberta directed the Alberta Utilities Commission… more

Canada, Energy Policy, Hydrogen Power, Infrastructure, Natural Gas

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Matti Lemmens

Federal Government Tables Amendments to Cure Unconstitutional Impact Assessment Act

The federal government’s amendments (“Amendments”) to the Impact Assessment Act, SC 2019, c 28 (“IAA”) are one step closer to becoming law. During the week of May 6, 2024, the Amendments, forming part of Bill C-69, An Act to… more

Canada, Energy Sector, Federal Jurisdiction, Federal Land, Impact Assessments

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Alex Lemoine

Fixed in Stone - Fixed Term Remains Secure Despite Invalid Termination Clause

The Ontario Superior Court of Justice recently released its decision in Kopyl v Losani Homes (not yet cited) (the “Decision”), providing insight into the enforceability of fixed terms in employment agreements in circumstances… more

Canada, Contract Terms, Employer Liability Issues, Employment Contract, Employment Litigation

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Philippe Levac

Québec’s Unique Pension and Benefits Law Requirements for Employers: Two Illustrations

When engaging employees (or acquiring a business that engages employees) in the Canadian province of Québec, employers and prospective employers should note two unique pension and benefit law requirements, which are absent in… more

Canada, Employee Benefits, International Labor Laws, Pensions, Retirement

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Éric Lévesque

Back-and-Forth Levies in the North American Trade War: The Latest Tariff Announcements (Update)

We continue to follow the U.S.-Canada trade dispute, in the context of the changing global trade situation, and will continue to update the following as required. This new post updates the situation to include (i) the most… more

America First Trade Policy, Anti-Dumping Duty, Canada, Countermeasures, Executive Orders

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Laura Levine

CBCA Amendments Take Effect August 31, 2022

Amendments to the Canada Business Corporations Act (CBCA) that impose majority voting requirements, annual director terms, a prohibition on slate voting and a change to the period during which shareholders must deliver proposals… more

Business Corporation Act, Canada, CBCA, Corporate Governance, Financial Markets

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Lucia Chiara Limanni

Status Update: Ontario Court Upholds RSU Forfeiture Provision, Despite Employment Agreement Violating the ESA

In the recent Wigdor v Facebook Canada Ltd. and Meta Platforms, Inc., 2025 ONSC 4051 decision (the “Decision”), which has not yet been reported, the Ontario Superior Court of Justice upheld the enforceability of restricted stock… more

Breach of Contract, Canada, Employee Benefits, Employment Contract, Employment Litigation

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Jinnie Liu

2023 Fall Economic Statement: Clean Economy Measures

On November 21, 2023, the Department of Finance of Canada released its Fall Economic Statement (the “Economic Statement”). The Economic Statement proposes updates to certain measures to grow Canada’s clean economy previously… more

Canada, Clean Energy, Department of Finance, Green Infrastructure, Investment Tax Credits

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Brian Lynch

CSA Welcomes New Capital Raising Prospectus Exemption for Listed Issuers

Seasoned reporting issuers with equity securities listed on a Canadian stock exchange will have the ability to raise capital (up to the greater of $5 million and 10% of their market capitalization (to a maximum of $10 million))… more

Canada, Canadian Securities Administration, Capital Raising, Financial Markets, Prospectus

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Jonah Mann

Cineplex Awarded $1.24 Billion in Lost Synergies from Failed Cineworld Acquisition: Company’s Pandemic Response Not Out of the “Ordinary Course”, Court Rules

In a highly anticipated decision, the Ontario Superior Court of Justice – Commercial List held that Cineworld wrongly terminated its arrangement agreement to acquire Cineplex, which was awarded substantial damages… more

Acquisition Agreements, Breach of Contract, Business Interruption, Canada, Contract Terms

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Miguel Manzano

The Superior Court Rules on the Obligation in a Deed of Sale to Honour Existing Leases as an Exception to Article 1887 C.C.Q. And the Difference Between a “Renoviction” and an “Optimization Project”

Introduction - In Fontaine v. B2GD Société immobilière Inc. (2025 QCCS 1023), the Superior Court issued an innovative ruling on the effect of a clause in a deed of sale requiring the purchaser to honour existing leases that… more

Buyers, Canada, Commercial Leases, Contract Interpretation, Deeds

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Steven Marchand

Class Actions in Ontario: 10 Highlights from 2024

2024 was an active year in the class action arena. In this post, our Litigation group in Toronto discusses noteworthy developments over the past twelve months. While our focus is on cases and other developments affecting… more

Appeals, Arbitration, Canada, Class Action, Class Members

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Evan Marcus

Ten Key Considerations for Growth Equity Investments in Canada: Part 3

As growth equity investment strategies gain prominence in global private equity fundraising and institutional capital allocation, we have seen an increase in this type of investment in Canadian companies, particularly by U.S… more

Canada, Equity Investors, Foreign Investment, Investment, Merger Reviews

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Guy Martel

Ontario Court Approves of Use of Reverse Vesting Transactions and Provides Guidance for Future Transactions

The Ontario Superior Court of Justice (Commercial List) (the “Court”) in Re Harte Gold Corp., issued its first published decision on the use of reverse vesting orders (“RVOs”) finding that the Companies’ Creditors Arrangement… more

Canada, Corporate Sales Transactions, Creditor Protection, Insolvency, Restructuring

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Tessa Martel

New Service Standards for Trademarks in Effect as of January 1, 2024

The Canadian Intellectual Property Office amended its service standards for trademarks to better reflect the length of the current trademark registration process… more

Canadian Intellectual Property Office (CIPO), Goods or Services, Intellectual Property Protection, Trademark Application, Trademark Registration

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Jakub Maslowski

Recent Judicial Decision of Interest to Energy Lawyers

Energy lawyers are frequently met with challenging legal issues within a rapidly changing regulatory and legal environment. It is essential to stay up to date on the latest caselaw from courts across Canada, and this article… more

Arbitration, Bankruptcy Court, Canada, Corporate Governance, Dispute Resolution

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Frank Mathieu

Understanding Canada’s New Digital Services Tax

Canada’s Digital Services Tax Act was enacted on June 20, 2024 and came into effect by Order in Council on June 28, 2024. The new legislation imposes a digital services tax of 3% on digital services revenue exceeding… more

Canada, Digital Services, Digital Services Tax, Income Taxes, New Legislation

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Kyra McAlister

Economic Security as National Security: Canadian Foreign Investment Review Policy Update

Canada's Minister of Industry announced that “economic security” will be an additional factor considered by the Canadian government when assessing transactions subject to the Investment Canada Act… more

Canada, Foreign Investment, International Relations, International Trade, Investment

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Jennifer McBean

Did the Punishment Fit the Claim? Employer Hit With $25,000 in Punitive Damages for Making Statutory Entitlements Subject to a Release

In its recent decision, Thompson v Revolution Resource Recovery Inc.2025 BCSC 8 (“Thompson”), the Supreme Court of British Columbia (the “Court”) made a $25,000 punitive damages award against an employer for attempting to make… more

Canada, Confidential Information, Contract Terms, Damages, Employee Rights

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Fiona McGuinty

Increased Investment Canada Act Review Thresholds Announced for 2025

The Canadian government has increased the monetary thresholds to determine whether a net benefit review of a foreign investment in Canada is required under the Investment Canada Act for 2025… more

Canada, Compliance, Foreign Investment, Government Agencies, Investment

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Parker Mckibbon

Bill 40: A New Focus for Ontario Energy

On June 3rd, 2025, the Government of Ontario introduced Bill 40, the Protect Ontario by Securing Affordable Energy for Generations Act (the “Bill”). If passed, the Bill will make amendments to the Electricity Act and the Ontario… more

Canada, Data Centers, Electricity, Energy Policy, Energy Projects

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Emily McRae

Ontario Updates: Minimum Wage to Increase October 1, 2023, and Bill 79 Proposes Amendments to Employment-Related Legislation

On March 20, 2023, the Ontario government announced the introduction of Bill 79, the Working for Workers Act, 2023 (“Bill 79”). If passed, Bill 79 will make several amendments to Ontario’s employment standards and occupational… more

Canada, Employees, Employer Liability Issues, Employment Litigation, Employment Standards Act

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Mathilde Mercier

Québec Announces a New Call for Tenders for Wind Energy Supplies After Postponing Previous Ones

On December 19, 2022, Pierre Fitzgibbon, Minister of Economy, Innovation and Energy, announced that the calls for tenders for a 1,000-megawatt block of wind energy and a 1,300-megawatt block of renewable energy, which were… more

Canada, Electricity, Energy Policy, Energy Projects, Energy Reform

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Michael Mestinsek

Asbestos: To Remove or Not to Remove – Is That the Question?

The Alberta Court of King’s Bench provides clarification on both the interpretation and application of the Occupational Health and Safety Act regarding asbestos as well as the duties of landlords and tenants to carry out their… more

Asbestos, Breach of Contract, Canada, Commercial Leases, Contract Disputes

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Antoine Métayer

The reasonable person test—When constructive dismissal becomes employee’s failure to minimize damage

On February 1, 2024, the Superior Court of Quebec decided that a senior executive with 35 years of service who had been constructively dismissed was not entitled to severance pay because he had declined the new position the… more

Canada, Compensation & Benefits, Constructive Discharge, Employees, Employer Liability Issues

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Amelie Metivier

TSX Amends Pricing Rules for Prospectus Offerings

On April 20, 2023, the Toronto Stock Exchange (“TSX”) adopted amendments (“Amendments”) to Section 606 – Prospectus Offerings of the TSX Company Manual (“the Manual”). Among other things, the Amendments provide greater clarity… more

Canada, Capital Markets, Private Placements, Prospectus, Securities Regulation

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Danielle Miller Olofsson

Five Things to Consider When Designing an AI Governance Program

Although Artificial intelligence (“AI”) has been a matter of intense public interest for several years, few substantive laws regulate its use. Reasons for this include a lack of clarity about the scope of what needs to be… more

Algorithms, Artificial Intelligence, Compliance, Contract Terms, Corporate Governance

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Hamza Mohamadhossen

Supreme Court Rejects “Jordan-izing” Administrative Proceedings and Confirms High Threshold for Stay of Proceedings in Administrative Context

In Law Society of Saskatchewan v. Abrametz, 2022 SCC 29, the Supreme Court of Canada (“SCC” or “the Court”) considered the issue of whether lengthy disciplinary proceedings against a Saskatchewan lawyer amounted to an abuse of… more

Abuse of Process, Administrative Proceedings, Canada, Disciplinary Proceedings, Law Society

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Gloria Moore

Obtaining a Court Order to Question a Corporation’s Third-Party Service Providers is a High Bar to Meet under the Alberta Rules of Court

Alberta’s Rules of Court (the “Rules”) ensure that only parties to a litigation are allowed to be subjected to pre-trial questioning. A narrow exception for this general principle lies in Rule 5.18, which allows parties to… more

Canada, Pre-Trial Motions, Questionnaires, Rules of Court, Third-Party Service Provider

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Patrick Morin

Practical Law: Commercial Real Estate in Canada

Common Entity Types - Legal persons (such as corporations) and natural persons can generally hold rights over real property in Canada. Investment in real estate can be made through direct ownership by an individual or… more

Canada, Commercial Leases, Commercial Real Estate Contracts, Property Ownership, Real Estate Investments

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Melissa Morton

Merger Control 2022

1. Relevant Authorities and Legislation - 1.1. Who is/are the relevant merger authority(ies)? The Competition Bureau (the “Bureau”) is an independent, federal law enforcement agency responsible for the administration and… more

Canada, Competition, Competition Act, Corporate Sales Transactions, Foreign Investment

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Ben Muller

Arbitration Agreements May Be “Inoperative” In Face of Insolvency Proceedings, Supreme Court of Canada Holds

On November 10, 2022, the Supreme Court of Canada (the "SCC") released its long-awaited decision in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 (“Peace River”), which addresses the interaction between insolvency… more

Arbitration, Arbitration Agreements, Canada, Commercial Bankruptcy, Commercial Contracts

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Ashley Mulrooney

“Fixing” the Term of Employment: Fixed-Term Agreement defends against Wrongful Dismissal Claim

In the recent Steele v. The Corporation of the City of Barrie, 2022 ONSC 7245 decision (“Steele”), the Ontario Superior Court of Justice provided some insight into when longer term fixed-term contracts can be enforceable… more

Canada, Contract Terms, Employer Liability Issues, Employment Contract, Employment Litigation

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Daniel Murdoch

Ontario’s Top Court Affirms Evidentiary Principles on Motions for Leave to Commence a Secondary Market Misrepresentation Action

In Drywall Acoustic Lathing and Insulation (Pension Fund, Local 675) v. Barrick Gold Corporation, 2024 ONCA 105, the Ontario Court of Appeal affirmed the lower court’s decision denying in part the motion for leave to commence a… more

Canada, Class Action, Financial Markets, Misrepresentation, Ontario

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Charles Muriithi

Ontario Superior Court of Justice Awards Retired VP $1.8m in Damages for Incentive Compensation and Vacation Pay

The Ontario Superior Court of Justice’s decision in Boyer v. Callidus, 2024 ONSC 20 (“Callidus”) serves as a helpful reminder to employers of the importance of carefully drafting, documenting, and communicating contractual terms… more

Bonuses, Canada, Compensation & Benefits, Damages, Employee Benefits

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Shawn Neylan

Foreign Bribery: The Bottom Line is that It’s Still Illegal Under Canadian Law

It remains illegal under the Canadian Corruption of Foreign Public Officials Act (“CFPOA”) to bribe foreign officials. While this statement may be self-evident, recent developments south of the border prompt this reminder to… more

Anti-Corruption, Bribery, Canada, Compliance, Corruption

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Natacha Ngo

Prorogation of Parliament and the Proposed Capital Gains Inclusion Rate Increase

On January 6, 2025, Prime Minister Justin Trudeau announced his resignation as prime minister and the prorogation of Parliament until March 24, 2025. At the federal level, prorogation is an act by the Governor General, advised… more

Canada, Canada Revenue Agency (CRA), Capital Gains, Income Taxes, Proposed Legislation

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Lee Nicholson

Ontario Court Approves of Use of Reverse Vesting Transactions and Provides Guidance for Future Transactions

The Ontario Superior Court of Justice (Commercial List) (the “Court”) in Re Harte Gold Corp., issued its first published decision on the use of reverse vesting orders (“RVOs”) finding that the Companies’ Creditors Arrangement… more

Canada, Corporate Sales Transactions, Creditor Protection, Insolvency, Restructuring

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Mario Nigro

Private Equity in Canada: Market and Regulatory Overview

A Q&A guide to private equity law in Canada. The Q&A gives a high level overview of the key practical issues including the level of activity and recent trends in the market; investment incentives for institutional and… more

Canada, Capital Markets, Investment, Investors, Private Equity

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Irena Ninkovic

Alert: Changes to Canadian AML Regime Affecting Cheque Cashing, Factoring and Financing and Leasing Businesses in Effect April 1, 2025

Canada’s Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations are being amended to introduce anti-money laundering and anti-terrorist financing obligations for factoring, financing and leasing, and cheque… more

Anti-Money Laundering, Canada, Compliance, Financial Crimes, Financial Institutions

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Margaret Nixon

Raising New Arguments and Issues in Tax Litigation

Due to the complexity of Canadian tax law, it is not uncommon for taxpayers and the minister of national revenue to refine their respective positions and identify new arguments and issues in the course of the tax dispute… more

Canada, Corporate Taxes, International Tax Issues, Tax Appeals, Tax Court

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Kris Noonan

The British Columbia Court of Appeal Affirms Extraterritorial Reach of BC’s Replacement Worker Restrictions

This post updates our earlier commentary on the decision of the BC Supreme Court in Gate Gourmet Canada Inc. v Unite Here, Local 40, 2024 BCSC 1528. The British Columbia Court of Appeal (the "BCCA") has weighed in on the… more

Appeals, Canada, Constitutional Challenges, Jurisdiction, Labor Relations

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Meaghan Obee Tower

Alert: Changes to Canadian AML Regime Affecting Cheque Cashing, Factoring and Financing and Leasing Businesses in Effect April 1, 2025

Canada’s Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations are being amended to introduce anti-money laundering and anti-terrorist financing obligations for factoring, financing and leasing, and cheque… more

Anti-Money Laundering, Canada, Compliance, Financial Crimes, Financial Institutions

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Mary Opolko

Corporate Finance and M&A in Québec: Staying Active

Though 2023 ended in much the same way as it began, with global geopolitical instability and high interest rates, investment in Québec has remained active, particularly in the Montréal area. This post breaks down some of the… more

Acquisition Agreements, Canada, Capital Investments, Corporate Finance, Corporate Sales Transactions

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Sarah Orr

Pause (Lifted) on Renewable Project Approvals Part 3: AUC Module A and AUC Bulletin 2024-03

The topic of renewable energy in Alberta again recently made major headlines across the province and country. As we outlined in our earlier blogs Pause on Renewable Project Approvals Part 1 and Pause on Renewable Project… more

Canada, Energy Policy, Energy Projects, Energy Reform, Infrastructure

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Kenneth Ottenbreit

Now in Effect: Exemptions for International Dealers and Advisers Under the Ontario Commodity Futures Act

On October 17, 2022, Ontario Securities Commission (OSC) Rule 32-506 (Commodity Futures Act) Exemptions for International Dealers, Advisers and Sub-Advisers (OSC Rule 32-506) and amended OSC Rule 91-502 Trades in Recognized… more

Canada, Commodity Futures Contracts, Commodity Sale Agreements, Dealers, Exemptions

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Geneviève Paradis

Personal Information Protection by Companies Conducting Business in Quebec: Adoption of Bill 64

How will the Reform affect companies' privacy practices? What are the main differences between the Act and PIPEDA? - On September 21, 2021, the National Assembly adopted Bill 64, an Act to modernize legislative provisions as… more

Canada, Data Privacy, Data Protection, Personal Data, Personal Information

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C. Mario Paura

Real Estate in Canada – Law and Practice

1. General - 1.1 Main Sources of Law - Under Canada’s federal constitution, laws relating to real estate fall almost exclusively within provincial jurisdiction. Specifically, each Canadian province enacts its own… more

Canada, Commercial Leases, Construction Project, Environmental Policies, Financing

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Tim Pavlov

AI Use by Financial Institutions: Québec’s AMF Publishes Draft Guidelines

On July 3, 2025, Québec’s financial institutions regulator – the Autorité des marchés financiers (“AMF”) – published draft guidelines (“Draft Guidelines”) on the use of artificial intelligence systems (“AI Systems”) by financial… more

Artificial Intelligence, Best Practices, Canada, Compliance, Corporate Governance

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Aniko Pelland

TSX Amends Pricing Rules for Prospectus Offerings

On April 20, 2023, the Toronto Stock Exchange (“TSX”) adopted amendments (“Amendments”) to Section 606 – Prospectus Offerings of the TSX Company Manual (“the Manual”). Among other things, the Amendments provide greater clarity… more

Canada, Capital Markets, Private Placements, Prospectus, Securities Regulation

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Chrysten Perry

An Opportunity for Alberta and Canada to Lead Globally on Data Centres

As the increasingly broad application of artificial intelligence (“AI”) transforms our business and societal needs, Alberta is in a unique position to take the lead on developing and hosting the required infrastructure to lead… more

Artificial Intelligence, Canada, Clean Energy, Cloud Computing, Data Centers

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Eveline Poirier

The reasonable person test—When constructive dismissal becomes employee’s failure to minimize damage

On February 1, 2024, the Superior Court of Quebec decided that a senior executive with 35 years of service who had been constructively dismissed was not entitled to severance pay because he had declined the new position the… more

Canada, Compensation & Benefits, Constructive Discharge, Employees, Employer Liability Issues

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David Price

Tailwinds of “Common Sense” Buoy Employers: British Columbia Court of Appeal Upholds Simple Termination Clause

In the decision of Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222 (“Egan”), the British Columbia Court of Appeal upheld a termination clause in an employment agreement, rejecting various arguments to undermine the clause’s… more

Canada, Employment Contract, Employment Standards Act, Hiring & Firing, Notice Requirements

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Romy Proulx

Consumer Protection in Québec: A New Regulation Clarifies Requirements Relating to Availability of Replacement Parts and Repair Services

On June 25, 2025, the Government of Québec published a Regulation that clarifies the obligations of merchants and manufacturers with respect to the warranty of availability of replacement parts and repair services. These… more

Canada, Consumer Contracts, Consumer Protection Act, Consumer Protection Laws, Disclosure Requirements

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Aiden Raff

The British Columbia Court of Appeal Affirms Extraterritorial Reach of BC’s Replacement Worker Restrictions

This post updates our earlier commentary on the decision of the BC Supreme Court in Gate Gourmet Canada Inc. v Unite Here, Local 40, 2024 BCSC 1528. The British Columbia Court of Appeal (the "BCCA") has weighed in on the… more

Appeals, Canada, Constitutional Challenges, Jurisdiction, Labor Relations

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Ritika Rai

Concern About Foreign Corruption Allegations Insufficient to Relieve Canadian Company of Debt Obligation to Its Indian Distributor, Ontario Court of Appeal Rules

In Kirloskar Technologies (P) Ltd. v. Best Theratronics Ltd., 2022 ONCA 331 the Ontario Court of Appeal affirmed that the perceived risk of criminal prosecution under Canadian corruption of foreign public officials legislation… more

Business Disputes, Business Litigation, Canada, Corruption, Creditors

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Cheryl Rea

Meal Delivery Service’s Mandatory Arbitration Clause for Couriers Unconscionable: Manitoba Court of Appeal

The Manitoba Court of Appeal (the “Court”) in Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, recently upheld a lower court decision dismissing a large online meal delivery service’s motion to stay a class… more

Arbitration, Arbitration Agreements, Canada, Class Action, Dismissals

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Kurtis Reed

An Opportunity for Alberta and Canada to Lead Globally on Data Centres

As the increasingly broad application of artificial intelligence (“AI”) transforms our business and societal needs, Alberta is in a unique position to take the lead on developing and hosting the required infrastructure to lead… more

Artificial Intelligence, Canada, Clean Energy, Cloud Computing, Data Centers

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RJ Reid

Difederico v. Amazon.com Inc.: Federal Court Finds Proposed Class Action has no Prospect of Success

In Difederico v. Amazon.com, 2023 FC 1156, the Federal Court refused to certify a proposed class action involving allegations that a collection of Amazon entities (“Amazon”) had breached sections 45 and 46 of the Competition… more

Amazon Marketplace, Anti-Competitive, Canada, Class Action, Class Certification

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Justine Reisler

Commissioner Wins Secure Energy Appeal: Key Takeaways

The Federal Court of Appeal’s recent decision upholding the Commissioner of Competition’s largely successful challenge of Secure Energy Services Inc.’s acquisition of Tervita Corporation provides further evidence that the… more

Anti-Competitive, Antitrust Provisions, Canada, Competition, Corporate Sales Transactions

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Darin Renton

Invitation to Innovate: OSC LaunchPad for Retail Exposure to Long-Term Assets

The Ontario Securities Commission (“OSC”) announced the formation of a new OSC LaunchPad Long-Term Asset Fund Project (the “Project”) as part of an update on its proposed framework (the “Proposal”) to facilitate retail… more

Alternative Investment Funds, Canada, Capital Markets, Exemptions, Investment Funds

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Joseph Reynaud

Court of Appeal of Québec Confirms Restrictions on the Tax Authorities’ Ability to Set Off Certain Claims in Insolvency Proceedings

On December 22, 2022, the Court of Appeal of Québec upheld a Superior Court ruling that GST and QST input tax credits and refunds (“ITCs/ITRs”) claimed by a petitioner in connection with damage payments arising from agreements… more

Canada, Damages, GST, Insolvency, International Tax Issues

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William Rodier-Dumais

Court of Appeal of Québec Confirms Restrictions on the Tax Authorities’ Ability to Set Off Certain Claims in Insolvency Proceedings

On December 22, 2022, the Court of Appeal of Québec upheld a Superior Court ruling that GST and QST input tax credits and refunds (“ITCs/ITRs”) claimed by a petitioner in connection with damage payments arising from agreements… more

Canada, Damages, GST, Insolvency, International Tax Issues

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Dominique Rolland

Quebec Government Adopts Bill 69 to Modernize Energy Legislation

On June 6, 2024, the Minister of Economy, Innovation and Energy tabled Bill 69 - An Act to ensure the responsible governance of energy resources and to amend various legislative provisions (the "Bill"). Over the past year, the… more

Canada, Electricity, Energy Policy, Energy Projects, Energy Sector

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Simon Romano

EMDs Can Now Participate in Prospectus Offerings

The securities regulators in Alberta, British Columbia, New Brunswick, Nova Scotia, Ontario, Québec and Saskatchewan have published a temporary exemption that allows exempt market dealers (“EMDs”) to participate in prospectus… more

Broker-Dealer, Canada, Canadian Securities Administration, Capital Raising, Early Stage Companies

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Stéphane Rousseau Ad.E.

AMF Publishes Draft Climate Risk Management Guideline

On November 30, 2023, the Autorité des marchés financiers (AMF), the organization that oversees Québec’s financial industry, published a draft Climate Risk Management Guideline (the Guideline) which will apply to licensed… more

AMF, Canada, Climate Change, Depository Institutions, Disclosure Requirements

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Laura Rowe

Enhanced Scrutiny a Virtual Certainty: Canadian Government to Closely Scrutinize Foreign Investments in Interactive Digital Media

Canadian businesses involved in the interactive digital media sector, including video games and augmented reality, should be aware of the implications of the Investment Canada Act and the Canadian government’s recent policy… more

Canada, Digital Media, Foreign Investment, Investment Canada Act, National Security

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Trevor Rowles

Demysitifying the Canadian Business Transaction Exemption

The tightening of privacy and data protection compliance obligations in Canada and the United States, has led to increasingly comprehensive “data security and privacy” representations and warranties in purchase agreements, as… more

Acquisitions, Canada, Contract Terms, Corporate Governance, Data Privacy

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Danielle Royal

Palmer v. Teva Canada Ltd.: Court of Appeal Confirms No Compensation for Risk “In the Air”

In Palmer v. Teva Canada Limited, the Ontario Court of Appeal upheld the lower court’s decision to deny certification of a proposed product liability class action seeking damages for the alleged increased risk of being diagnosed… more

Anticompetitive Behavior, Canada, Cancer, Cause of Action Accrual, Class Action

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Stuart Ruffolo

OSC Expands Accredited Investor Exemption to Include “Self-Certified Investors” With Certain Professional or Academic Qualifications

On October 25, 2022, the Ontario Securities Commission (OSC) published Ontario Instrument 45-507, being a temporary exemption to the prospectus requirement for the distribution of securities to “Self-Certified Investors” (the… more

Accredited Investors, Canada, Investment, New Guidance, Ontario Securities Commission (OSC)

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Jenna Rumeo

Ontario Court Dismisses Cryptocurrency Class Action on Jurisdictional Grounds

In Shirodkar v Coinbase Global, Inc. et al., 2024 ONSC 1399 (“Coinbase”), the Ontario Superior Court of Justice (the “Court”) stayed a proposed class action against one of the four proposed defendants – Coinbase Canada Inc. – on… more

Canada, Class Action, Coinbase, Cryptocurrency, Digital Currency

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Alain Saint-Onge

Enforceability of Vaccination Policies Boosted by Recent Arbitration Decision

Since we last wrote on the topic of COVID-19 vaccination policies, another vaccination policy was upheld at arbitration, this time, requiring employees to receive a third “booster” shot against COVID-19… more

Arbitration, Canada, Coronavirus/COVID-19, Employee Rights, Employer Liability Issues

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Taylor Sakon

An Opportunity for Alberta and Canada to Lead Globally on Data Centres

As the increasingly broad application of artificial intelligence (“AI”) transforms our business and societal needs, Alberta is in a unique position to take the lead on developing and hosting the required infrastructure to lead… more

Artificial Intelligence, Canada, Clean Energy, Cloud Computing, Data Centers

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Ben Schach

TSXV Modernizes Security Based Compensation Rules

The TSX Venture Exchange’s (TSXV) incentive stock option policy was amended in late 2021 to cover a variety of security based compensation commonly used as compensation tools, including deferred share units, performance share… more

Canada, Compensation & Benefits, Employee Benefits, Incentive Stock Options, Qualified Restricted Stock Units (RSUs)

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Taylor Schmidt

Proxy Season 2022: Considerations for Better Disclosure

Proxy season is once again upon us! When preparing proxy materials in 2022, issuers should focus on meaningful engagement with shareholders and integrating environmental and social disclosure into their circulars and other… more

Canada, Canadian Securities Administration, Corporate Governance, Disclosure Requirements, Non-GAAP Financial Measures

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Barrett Schultz

Alberta Carbon Capture Incentive Program and Federal CCUS Investment Tax Credit – Two Green Lights for Carbon Capture in Alberta

On November 28, 2023, the Alberta government introduced the Alberta Carbon Capture Incentive Program (“ACCIP”), a new grant offered by the provincial government to incentivize carbon capture, utilization, and storage (“CCUS”)… more

Canada, Carbon Capture and Sequestration, Carbon Emissions, Climate Action Plan, Climate Change

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Justina Sebastiampillai

Employers and Beyond: Human Rights and Accommodation Obligations May Extend to Site Owners, Contractors and Other Third Parties

In MacKay v. Civeo Corporation and another, 2024 BCHRT 271, the British Columbia Human Rights Tribunal (the “Tribunal”) reaffirmed the principle that human rights protections in employment contexts extend beyond the… more

Adverse Employment Action, Canada, Contractors, Disability Discrimination, Employer Liability Issues

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Jamie Seidel

Proxy Season 2022: Considerations for Better Disclosure

Proxy season is once again upon us! When preparing proxy materials in 2022, issuers should focus on meaningful engagement with shareholders and integrating environmental and social disclosure into their circulars and other… more

Canada, Canadian Securities Administration, Corporate Governance, Disclosure Requirements, Non-GAAP Financial Measures

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Frank Selke

CSA Revisit Short Selling in Canada

On December 8, 2022, the Canadian Securities Administrators (CSA) published CSA Staff Notice 25-306 Activist Short Selling Update (Staff Notice 25-306) and Joint CSA and IIROC Staff Notice 23-329 Short Selling in Canada (Staff… more

Canada, Canadian Securities Administration, Capital Markets, Financial Services Industry, New Guidance

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Irma Shaboian

Minor Updates, Major Message? The Competition Bureau Clarifies Guidance on “Made in Canada” and “Product of Canada” Claims

The Competition Bureau recently updated its Enforcement Guidelines for “Made in Canada” and “Product of Canada” claims, clarifying its approach to non-food products and highlighting new opportunities for private enforcement… more

Canada, Competition, Consumer Protection Laws, Disclosure Requirements, Enforcement Actions

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Jean-Guillaume Shooner

Back-and-Forth Levies in the North American Trade War: The Latest Tariff Announcements (Update)

We continue to follow the U.S.-Canada trade dispute, in the context of the changing global trade situation, and will continue to update the following as required. This new post updates the situation to include (i) the most… more

America First Trade Policy, Anti-Dumping Duty, Canada, Countermeasures, Executive Orders

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Archit Shori

Alberta Expands Captive Insurers’ Ability to Reinsure Certain Third-Party Risks

On December 12, 2024, the Alberta Superintendent of Insurance (the “Superintendent”) issued Interpretation Bulletin 08-2024 (the “Bulletin”) extending the ability of captive insurers to reinsure certain third-party risks. As… more

Canada, Captive Insurance Company, Insurance Regulations, Reinsurance, Third-Party Risk

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Warren Silversmith

Private Equity in Canada: Market and Regulatory Overview

A Q&A guide to private equity law in Canada. The Q&A gives a high level overview of the key practical issues including the level of activity and recent trends in the market; investment incentives for institutional and… more

Canada, Capital Markets, Investment, Investors, Private Equity

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Jillian Skinner

Ontario Court Rules Employer's Discretion to Terminate is Shackled by the ESA

In Dufault v. The Corporation of the Township of Ignace ("Dufault"), the Ontario Superior Court of Justice, on a summary judgment motion, found the termination without cause provision of a fixed-term employment contract illegal… more

Canada, Contract Terms, Employer Liability Issues, Employment Litigation, Employment Standards Act

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Shawn Smith

Fintech 2023

Canadian fintech industries, particularly digital payments, digital trading, robo-advising and open banking, continued to experience significant growth until 2022. The pace of innovation had been accelerated by expansive… more

Canada, Collective Investment Schemes, Consumer Financial Products, Crowdfunding, Financial Crimes

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Philippe St-Hilaire

Announced Enhancements to the GST New Residential Rental Property Rebate

On September 14, 2023, the Department of Finance Canada issued a news release (the “News Release”) regarding proposed legislation to be enacted in order to enhance the existing GST New Residential Rental Property (“NRRP”) rebate… more

Canada, GST, International Tax Issues, Rebates, Rental Property

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Craig Story

Key Changes to Alberta's Business Corporations Act

Alberta’s Bill 84, Business Corporations Amendment Act, 2021 (Alberta) received Royal Assent on December 2, 2021, and came into force on May 31, 2022. Bill 84 introduced significant amendments to the Business Corporations… more

Amended Regulation, Business Corporation Act, Canada, Corporate Governance, Investment

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David Tardif

CSA Republish Proposals to Implement an “Access Equals Delivery” Model for Certain Continuous Disclosure Documents

The Canadian Securities Administrators (“CSA”) have republished for comment proposed rule amendments and policy changes to implement an “access equals delivery” model for certain continuous disclosure documents of non-investment… more

Canada, Canadian Securities Administration, Corporate Governance, Disclosure Requirements, Investment Funds

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Emily Tessier

Meal Delivery Service’s Mandatory Arbitration Clause for Couriers Unconscionable: Manitoba Court of Appeal

The Manitoba Court of Appeal (the “Court”) in Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, recently upheld a lower court decision dismissing a large online meal delivery service’s motion to stay a class… more

Arbitration, Arbitration Agreements, Canada, Class Action, Dismissals

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Tamara Ticoll

Status Update: Ontario Court Upholds RSU Forfeiture Provision, Despite Employment Agreement Violating the ESA

In the recent Wigdor v Facebook Canada Ltd. and Meta Platforms, Inc., 2025 ONSC 4051 decision (the “Decision”), which has not yet been reported, the Ontario Superior Court of Justice upheld the enforceability of restricted stock… more

Breach of Contract, Canada, Employee Benefits, Employment Contract, Employment Litigation

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Ian Trimble

Canada’s Drug Agency Launches Public Consultation on Proposed List of Essential Prescription Drugs and Related Products

On June 19, 2025, Canada’s Drug Agency (“CDA”) opened a public consultation to gather input on a proposed list of essential prescription drugs and related products. This initiative is part of the agency’s responsibilities under… more

Canada, Canadian Intellectual Property Office (CIPO), Consultation, Government Agencies, Healthcare

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Matt Tse

Government of Ontario Restricts United States Businesses from Participation in Public Sector Procurements

The Government of Ontario has issued the Procurement Restriction Policy (the “Policy”) which aims to restrict U.S. businesses from accessing public sector procurements in Ontario, including public procurements administered by… more

Canada, Economic Sanctions, Energy Policy, Energy Projects, Government Agencies

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Maxime Turcotte

New Tenders for Solicitations to Be Issued by the End of 2022: Quebec Is Once Again Taking Steps for Wind and Renewable Energy Supplies

On April 27, 2022, draft Regulation respecting a 1,000-megawatt block of wind energy (“Regulation 1000”) and draft Regulation respecting a 1,300-megawatt block of renewable energy (“Regulation 1300”, together with Regulation… more

Canada, Energy Projects, Energy Reform, Infrastructure, Proposed Regulation

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Alexandra Urbanski

Class Actions in Ontario: 10 Highlights from 2024

2024 was an active year in the class action arena. In this post, our Litigation group in Toronto discusses noteworthy developments over the past twelve months. While our focus is on cases and other developments affecting… more

Appeals, Arbitration, Canada, Class Action, Class Members

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Sean Vanderpol

Cineplex Awarded $1.24 Billion in Lost Synergies from Failed Cineworld Acquisition: Company’s Pandemic Response Not Out of the “Ordinary Course”, Court Rules

In a highly anticipated decision, the Ontario Superior Court of Justice – Commercial List held that Cineworld wrongly terminated its arrangement agreement to acquire Cineplex, which was awarded substantial damages… more

Acquisition Agreements, Breach of Contract, Business Interruption, Canada, Contract Terms

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Christian Vieira

The Virtual Currency Regulation Review - September 2023

I INTRODUCTION TO THE LEGAL AND REGULATORY FRAMEWORK - Canada currently has no comprehensive framework governing the regulation of digital assets. Securities and derivatives regulation has emerged as the main regulatory… more

Canada, Canadian Securities Administration, Consumer Financial Products, Cryptocurrency, Digital Assets

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Hesam Wafaei

Ontario’s Top Court Affirms Evidentiary Principles on Motions for Leave to Commence a Secondary Market Misrepresentation Action

In Drywall Acoustic Lathing and Insulation (Pension Fund, Local 675) v. Barrick Gold Corporation, 2024 ONCA 105, the Ontario Court of Appeal affirmed the lower court’s decision denying in part the motion for leave to commence a… more

Canada, Class Action, Financial Markets, Misrepresentation, Ontario

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Jordan Wajs

Ontario Court Dismisses Certified False Advertising Class Action

In Rebuck v. Ford Motor Company, 2022 ONSC 2396 (Rebuck), the Ontario Superior Court of Justice dismissed a certified class action on its merits by way of summary judgment. The claim sought $1.5 billion in damages on behalf of a… more

Automotive Industry, Canada, Class Action, Competition Act, False Advertising

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Tara Watson

Legislative, Procurement and Governmental Updates Signal that British Columbia is Ripe for Renewable Energy Development

Recent legislative, procurement and governmental updates, including BC Hydro’s upcoming Call for Power and updates to the BC Clean Energy Act will create increased opportunities for renewable energy development in the province… more

Canada, Clean Energy, Climate Action Plan, Climate Change, Energy Projects

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Jonathan Weinstein

Corporate Finance and M&A in Québec: Staying Active

Though 2023 ended in much the same way as it began, with global geopolitical instability and high interest rates, investment in Québec has remained active, particularly in the Montréal area. This post breaks down some of the… more

Acquisition Agreements, Canada, Capital Investments, Corporate Finance, Corporate Sales Transactions

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Patrick Welsh

Environmental Regulatory Developments: Are You Ready for PFAS Reporting?

The Canadian government, through Environment and Climate Change Canada (“ECCC”), issued a notice (the “Notice”) under the Canadian Environmental Protection Act, 1999 (“CEPA”), outlining critical reporting requirements for… more

Canada, CEPA, Environmental Policies, Exports, Imports

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Joey Wenig

The Supreme Court of Canada Clarifies the Law on Constructive Takings

On October 21, 2022, the Supreme Court of Canada (the "SCC") released its decision in Annapolis Group Inc. v Halifax Regional Municipality, 2022 SCC 36 (“Annapolis”), affirming and clarifying the test for constructive taking,… more

Canada, Constructive Possession, Expropriation, Land Owners, Property

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Justine Whitehead

Canadian Intellectual Property Office (CIPO) Official Fees to Increase Substantially on January 1, 2024

CIPO has recently announced that most of its official fees will increase by at least 25% in 2024. These adjustments will affect all pending applications for patents, trademarks, industrial designs and copyrights, as well as fees… more

Administrative Agencies, Canada, Canadian Intellectual Property Office (CIPO), Copyright, Corporate Counsel

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Lanette Wilkinson

Legislative, Procurement and Governmental Updates Signal that British Columbia is Ripe for Renewable Energy Development

Recent legislative, procurement and governmental updates, including BC Hydro’s upcoming Call for Power and updates to the BC Clean Energy Act will create increased opportunities for renewable energy development in the province… more

Canada, Clean Energy, Climate Action Plan, Climate Change, Energy Projects

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Jonathan Willson

Prorogation of Parliament and the Proposed Capital Gains Inclusion Rate Increase

On January 6, 2025, Prime Minister Justin Trudeau announced his resignation as prime minister and the prorogation of Parliament until March 24, 2025. At the federal level, prorogation is an act by the Governor General, advised… more

Canada, Canada Revenue Agency (CRA), Capital Gains, Income Taxes, Proposed Legislation

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Jill Winton

Employee Ownership Trusts: Full Steam Ahead After Government’s Fall Economic Statement

On November 21, 2023, the Government of Canada released its Fall Economic Statement. Among the measures included in the statement are improved tax incentives for Employee Ownership Trusts (“EOTs”)… more

Canada, Capital Gains, International Tax Issues, Selling a Business, Tax Rates

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Michael Witt

Asbestos: To Remove or Not to Remove – Is That the Question?

The Alberta Court of King’s Bench provides clarification on both the interpretation and application of the Occupational Health and Safety Act regarding asbestos as well as the duties of landlords and tenants to carry out their… more

Asbestos, Breach of Contract, Canada, Commercial Leases, Contract Disputes

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Sara Wright

Limitations on Good Faith Damages: No Presumption of Loss for Breach of Honest Performance

In Bhatnagar v. Cresco Labs Inc., 2023 ONCA 401, the Ontario Court of Appeal elaborated on the Supreme Court’s decision in C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (“Callow”) and clarified that a breach of the contractual duty… more

Acquisition Agreements, Breach of Contract, Business Disputes, Business Litigation, Buyers

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Glenn Zacher

Bill 40: A New Focus for Ontario Energy

On June 3rd, 2025, the Government of Ontario introduced Bill 40, the Protect Ontario by Securing Affordable Energy for Generations Act (the “Bill”). If passed, the Bill will make amendments to the Electricity Act and the Ontario… more

Canada, Data Centers, Electricity, Energy Policy, Energy Projects

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Sara Zborovski

Canada’s Drug Agency Launches Public Consultation on Proposed List of Essential Prescription Drugs and Related Products

On June 19, 2025, Canada’s Drug Agency (“CDA”) opened a public consultation to gather input on a proposed list of essential prescription drugs and related products. This initiative is part of the agency’s responsibilities under… more

Canada, Canadian Intellectual Property Office (CIPO), Consultation, Government Agencies, Healthcare

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Rachel Zuroff

AI Use by Financial Institutions: Québec’s AMF Publishes Draft Guidelines

On July 3, 2025, Québec’s financial institutions regulator – the Autorité des marchés financiers (“AMF”) – published draft guidelines (“Draft Guidelines”) on the use of artificial intelligence systems (“AI Systems”) by financial… more

Artificial Intelligence, Best Practices, Canada, Compliance, Corporate Governance

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