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Title Date Expertise
Passport for Business - Fall 2008
Cross-border business and issues with a distinctly Canadian perspective.
October 20, 2008 Employment and Labour, Environmental, Litigation  More
Decision-Tree Analysis: An Effective Method to Manage Litigation in a Business Setting
Brian Daley, a partner in the Intellectual Property group, explores how decision-tree analysis can be a valuable tool in comparing perspectives and possible outcomes in complex lawsuits.
October 20, 2008 Litigation  More
Canada Transitions to International Financial Reporting Standards in 2011
Dawn Whittaker provides information on the upcoming shift to International Financial Reporting Standards, as well as recommendations for US companies that have pending or existing relationships with Canadian organizations.
October 20, 2008 Mergers and Acquisitions  More
Checking References: Companies Collecting Personal Information for Hiring Purposes Can Run Afoul of Privacy
The seemingly innocuous process of checking references can carry the risk of running contrary to privacy laws. Anthony Moffatt discusses best practices companies should keep in mind with respect to the ''patchwork quilt'' of Canadian privacy legislation.
October 20, 2008 Employment and Labour  More
Ontario Bench and Bar Instructed to Consider ''Proportionality''
A very important change for Ontario litigation is the express addition of the concept of ''proportionality'' to the Ontario Rules of Civil Procedure.
October 20, 2008 Litigation  More
A Heightened Focus on Environmental Claims: Some Things You Should Know
Andrew Taylor examines how the parameters listed in the CSA's second edition of Environmental Claims: A Guide for Industry and Advertisers could impact the way companies market their products.
October 20, 2008 Environmental  More
New Rules on Executive Compensation Disclosure
The CSA has introduced new rules regarding the disclosure of executive compensation which are intended to improve the quality of such disclosure.
October 16, 2008 Corporate Finance and Securities  More
Quebec Court of Appeal Clarifies Criteria for Distinguishing Between a Contract of Insurance and a Contract of Warranty
The Quebec Court of Appeal recently handed down its decision in regard to the class action brought by the Automobile Protection Association against Toyota Canada Inc.
October 10, 2008 Insurance and Professional Liability  More
Ontario Government introduces the Ideas for the Future Act
On September 23, the Ontario government released the Ideas for the Future Act, 2008, fulfilling a promise included in the 2008 Ontario Budget.
October 8, 2008 Tax  More
News Flash: Employers' Obligations at Federal Election Time
Under the Canada Elections Act, every employee who is qualified to vote has the right to take three consecutive hours, while the polls are open, i.e., from 9:30 A.M. until 9:30 P.M. (if in the Eastern time zone), for the purpose of voting.
October 7, 2008 Employment and Labour  More
Resolving Misconceptions about Foreign Nationals Working in Canada
Yusra Siddiquee creates awareness of the appropriate duties that international employees and contractors can perform in Canada as business visitors.
October 1, 2008 Business Immigration and International Mobility  More
Guidelines on Environmental Claims Serve as Reference for Companies
Andrew Taylor explains the legal implications on product claims relating to environmental friendliness.
October 1, 2008 Cleantech, Environmental  More
Criminal Offences and Discrimination in the Workplace
The Supreme Court of Canada recently handed down a decision in Montréal (City) v. Québec (Commission des droits de la personne et des droits de la jeunesse) where it examined the rule, set out in Section 18.2 of the Charter of Human Rights and Freedoms
September 30, 2008 Employment and Labour  More
Financed Restructurings in Canada
In an article published in Financier Worldwide, Kevin Morley and Mario Forte discuss the ways in which Canada has proven to be a fertile ground to finance restructurings, despite lacking provisions to expedite debtor-in-possession lending.
September 30, 2008 Asset-based Lending, Banking and Financial Products, Insolvency and Restructuring  More
Inadvertent Lapse of Patent Rights in Canada
On September 9, 2008, Canada's Federal Court of Appeal rendered a decision in a closely watched case concerning the inadvertent lapse of patent rights: DBC Marine Safety Systems Ltd. v. Canada (Commissioner of Patents)
September 29, 2008 Patents  More
Proposed Amendments to Quebec's Code of Civil Procedure Aim to Curtail Abusive Court Proceedings and Promote a Fair Balance Between Parties
The Quebec Justice Minister has tabled Bill 99, An Act to amend the Code of Civil Procedure to prevent abusive use of the courts and promote freedom of expression and citizen participation in public debate.
September 29, 2008 Litigation  More
BC Supreme Court Reaffirms the Necessity of Consulting Aboriginal Peoples at the Strategic Planning Stage
The British Columbia Supreme Court recently handed down a decision of considerable importance to both governments and the forestry industry, reminding them of the necessity of consulting and accommodating Aboriginal peoples.
September 26, 2008 Aboriginal  More
Private Equity Opportunities in the Global Energy Sector
Charles Keizer is quoted in an article published in Financier Worldwide, describing how a renewed interest in alternative energy and greater energy demand from countries like China and India are affecting the industry.
September 15, 2008 Cleantech, Energy, Mergers and Acquisitions, Private Equity  More
Proposed Income Trust Conversion Rules
On July 14, 2008, following up on a promise made on December 15, 2006, the Department of Finance released draft legislation to amend the Income Tax Act (Canada) to facilitate the conversion of income trusts to public corporations.
September 5, 2008 Tax  More
ICANN Announces New Expansion of the Internet Domain Name System
The Internet Corporation for Assigned Names and Numbers (ICANN), the body in charge of managing the Internet domain name system, recently approved a series of recommendations which could dramatically change the Internet landscape.
September 2, 2008 Intellectual Property  More
Passport for Business - Summer 2008
Cross-border business and issues with a distinctly Canadian perspective.
August 31, 2008 Environmental, Litigation, Mergers and Acquisitions, Pension and Benefit Plans, Recall and Crisis Management  More
Canada Moves the Environment and Climate Change to the Front Burner
Faced with pressure from customers, stakeholders and governments, companies in Canada must now respond by being more accountable of their actions in how they affect the environment.
August 31, 2008 Cleantech  More
Canada and U.S. Pension and Employee Benefits: Important Differences
J. David Vincent, Senior Partner of the Employment & Labour team, discusses key issues such as the Employee Retirement Income Security Act, health benefits, defined benefit pension plans, retirement, and collective bargaining.
August 31, 2008 Employment and Labour, Pension and Benefit Plans  More
Be Mindful of the Investment Canada Act when Acquiring a Canadian Business
Denis Gascon and Jason P.T. McKenzie discuss the implications of the Honourable Jim Prentice's rejection of the proposed acquisition of MDA by ATI as it relates to the Investment Canada Act.
August 31, 2008 Mergers and Acquisitions  More
Coping with Product Recalls in Canada Takes on New Urgency
The number of product recalls and public notices of voluntary product withdrawals issued over the past year is unprecedented in Canada. Christine A. Carron provides insight on the current product recall situation and its effects on Canadian business.
August 31, 2008 Recall and Crisis Management  More
Limitation of liability clauses: manufacturers, sellers and contractors beware
Olivier Kott, a senior partner who represented Domtar Inc. in a landmark Supreme Court decision rendered in November 2007, writes in The Revay Report about the 18-year-old case and the impact it has on professional sellers and contractors.
August 31, 2008 Litigation  More
New Federal Legislation Relating to Not-For-Profit Corporations (Bill C-62) - Again
On June 13, 2008, the federal government introduced legislation in the House of Commons which, it hopes, will eventually replace the Canada Corporations Act and apply to most federal not-for-profit corporations.
August 26, 2008 Corporate and Commercial  More
TSX Publishes Listing Rules For Special Purpose Acquisition Corporations
On August 15, 2008, the Toronto Stock Exchange (TSX) published for comments proposed new rules regarding the listing on the exchange of special purpose acquisition corporations (SPACs).
August 22, 2008 Corporate Finance and Securities  More
Digging too Deep
Anthony Moffatt has an article published in Canadian Employment Law Today discussing how employers should know the limits of privacy legislation and what they can collect when conducting reference checks.
July 30, 2008 Employment and Labour  More
No One is Bound to Do the Impossible
On July 17, 2008 the Supreme Court rendered a highly anticipated decision in Hydro-Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d'Hydro-Québec, section locale 2000 (SCFP-FTQ). Employers can finally heave a sigh of relief.
July 25, 2008 Employment and Labour  More
Notice to Industries that have Reduced their Greenhouse Gas Emissions Between 1992 and 2006
All businesses included in the various classes of industries contemplated in the Federal Government's Greenhouse Gas Regulatory Framework and that would be entitled to claim early action credits, should file a 'Notice of Interest' by July 28, 2008.
July 25, 2008 Environmental  More
Competition Policy Review Panel Presents Final Report: Compete to Win
The Report assesses Canada's competitiveness, and in particular Canada's foreign investment and competition policies. It also provides recommendations to the Minister of Industry to make Canada more competitive in an increasingly global marketplace.
July 11, 2008 Competition and Antitrust  More
Heightened Focus on Environmental Claims
To assist industry and advertisers in complying with Canadian legislation and national/international standards, the CSA recently released the second edition of the special publication Environmental Claims: A Guide for Industry and Advertisers.
July 7, 2008 Competition and Antitrust, Environmental  More
Canadian Government Procurement Complaints: Court Closes A Door
The Federal Court of Appeal closed the door on non-Canadian suppliers using the Agreement on Internal Trade as a basis to challenge federal government contract awards before the Canadian International Trade Tribunal.
July 3, 2008 International Trade  More
Impartiality and Arbitrator Bias: The View from Canada's 14 Jurisdictions
Canada's 14 federal, provincial and territorial jurisdictions, all of which have adopted the Model Law and the New York Convention, provide a sort of legal microcosm within which the question of arbitrator bias is addressed from a variety of perspectives.
July 1, 2008 International Arbitration  More
Jurisdiction in Respect of Section 124 of the Labour Standards Act: The Court of Appeal Rules
The Court of Appeal has ruled that a grievance arbitrator does not have jurisdiction to apply section 124 of the Act respecting labour standards and that only the Commission des relations du travail has jurisdiction in matters involving this remedy.
June 30, 2008 Employment and Labour  More
Federal Court Decision on Maintenance Fees and Equity
The Court's decision is noteworthy not only for its analysis of the payment issue but also for its comments on the entitlement to equitable relief from forfeiture.
June 23, 2008 Patents  More
New Regulations Regarding Principal Protected Notes to Take Effect July 1, 2008
An overview of the new federal regulations introduced in response to concerns about investments in PPNs given the increased variety and complexity of such products.
June 11, 2008 Corporate Finance and Securities  More
Canada's Access to Medicines Regime
In September 2007, Canada became the first WTO member to authorize an antiviral drug for export, to Rwanda, under Canada's Access to Medicines Regime. The medicine has yet to reach Rwanda and criticism has been levied at CAMR as a result.
June 2, 2008 Intellectual Property  More
Canadian M&A in 2008: The After Party
Rick Sutin wrote about the M&A landscape amidst a slow American economy and a high Canadian dollar. The article appears in the 2008 Lexpert Guide to the Leading U.S./Canada Cross-border Corporate Lawyers in Canada.
May 30, 2008 Cleantech, Corporate Finance and Securities, Insolvency and Restructuring, Mergers and Acquisitions  More
Supreme Court of Canada Denies Recovery in "Fly-in-the-Bottle" Case as Injury to Plaintiff not Foreseeable
In its decision in Mustapha v. Culligan of Canada Ltd.,the Supreme Court of Canada made a major ruling on the law of negligence in Canada.
May 29, 2008 Insurance and Professional Liability  More
Passage of Genetic Information Nondiscrimination Act (GINA) in the U.S. Opens the Door for Personalized Medicine
On May 21, President Bush signed the Genetic Information Nondiscrimination Act (GINA). GINA prohibits discrimination by insurance companies or employers on the basis of "genetic information" about an individual or his or her family members.
May 28, 2008 Life Sciences  More
Proposed Certification Rules
The Canadian Securities Administrators (the CSA) have published for public comment a new national instrument which, if enacted, would repeal and replace Multilateral Instrument 52-109 - Certification of Disclosure in Issuers' Annual and Interim Filings.
May 26, 2008 Corporate Finance and Securities  More
Summary of the Quebec Court of Appeal Decision in the BCE Matter
On May 21, 2008, the Court partially allowed the debentureholders' appeal and set aside the Superior Court's approval of the plan of arrangement, casting a great deal of doubt on the likelihood that the transaction can be completed as planned.
May 22, 2008 Corporate and Commercial, Litigation  More
Drug and Alcohol Testing by Employers in Canada - A Legal Issues Pulse-Check
Since our last communication on the law on drug and alcohol testing by employers in Canada, three significant decisions have been rendered, one by an arbitrator in Ontario, one by the Quebec Court of Appeal and one by the Alberta Court of Appeal.
May 22, 2008 Employment and Labour  More
Canada Uses Investment Canada Act to Block Acquisition of MDA by Alliant Techsystems
In an unprecedented decision, the Honourable Jim Prentice, Minister of Industry, rejected the proposed $1.3b acquisition of the information systems and geospatial businesses of MacDonald, Dettwiler and Associates Ltd. by US-based Alliant Techsystems Inc.
May 15, 2008 Competition and Antitrust  More
Planning for Canada's Conversion to International Financial Reporting Standards - Advance Disclosure Obligations
Canadian reporting issuers should be thinking about communicating to the market their conversion strategy and the potential impact of IFRS on their financial statements.
May 13, 2008 Corporate Finance and Securities  More
Caveat Venditor
The introduction of Bill C-52, the Canada Consumer Product Safety Act, represents a sea change that will subject hundreds of thousands of consumer products to direct government regulation for the first time.
May 8, 2008 Recall and Crisis Management  More
Ontario Court of Appeal Denies a Liability Insurer the Right to Appoint Defence Counsel
The past few years have seen a number of rulings by the courts relating to liability insurers' duty to defend their insureds. One of the questions that has been examined is whether an insured sometimes has the right to choose defence counsel.
April 25, 2008 Insurance and Professional Liability  More
Battle of the Forms and Jurisdiction Clauses
Is it possible for a jurisdiction clause to apply to a contractual relationship even though the clause appeared in fine print on standard-form documents issued only after the initial offer and acceptance?
April 24, 2008 International Arbitration, Litigation  More
Canadian Government Takes Action on Bisphenol A
On April 19, 2008, Environment Canada and Health Canada recommended that the industrial chemical bisphenol A ("BPA") be classified as "toxic" under the Canadian Environmental Protection Act, 1999 ("CEPA").
April 22, 2008 Environmental, Recall and Crisis Management  More
IBA Takeover Guide: Canada
Jay A. Lefton provides an introduction to key laws, regulations, and issues surrounding takeover bids in Canada. This is a joint initiative between the IBA's Corporate and M&A Law and Securities Law committees.
April 1, 2008 Corporate Finance and Securities, Mergers and Acquisitions  More
Recalls 2008: Are You Ready?
The number of recalls and public notices of voluntary product withdrawals that have been issued over the last year is unprecedented in Canada. This has resulted in a greater visibility and awareness of product safety and quality issues.
March 17, 2008 Recall and Crisis Management  More
National Class Actions in Canada - The Supreme Court Grants Leave to Appeal in Canada Post Corporation v. Michel Lépine
The Supreme Court of Canada's decision to grant leave to appeal on this issue may lead to new guidance as to the role of Canadian courts in national class actions and the legal principles underlying national class actions in Canada.
March 10, 2008 Class Actions, Litigation  More
OSC Releases Notice on Environmental Reporting Obligations
On February 28, 2008, the Staff of the Ontario Securities Commission released a Staff Notice on Environmental Reporting, which sets out the most thorough guidance to date on environmental disclosure for reporting issuers.
March 6, 2008 Corporate Finance and Securities, Environmental  More
New Rules for Filing and Disclosing Material Contracts
Effective March 17, 2008 there will be new rules applicable to the filing and disclosure of material contracts with securities regulators.
February 27, 2008 Corporate Finance and Securities  More
Federal Budget 2008
On February 26, 2008, the Conservative Government tabled its third budget. Budget 2008 contains targeted corporate and personal income tax measures, as well as measures to improve the efficiency of the tax system.
February 26, 2008 Tax  More
New Requirements for Air Emissions Reporting by Canadian Companies
Following the announcement of the Regulatory Framework for Air Emissions, the Government of Canada has published a notice which will allow it to collect information that is essential to the development of the proposed industrial air emissions regulations.
February 22, 2008 Environmental  More
Amendments to the Act respecting labour standards: support for persons who have suffered tragic events
Bill 58 amending the Act respecting labour standards with regard to absences and leave was passed by the Quebec National Assembly and assented to in December 2007.
February 22, 2008 Employment and Labour  More
Preserving Solicitor-Client Privilege When Engaging a Public Relations Firm
Preserving Solicitor-Client Privilege When Engaging a Public Relations FirmFebruary 21, 2008 February 2008 Litigation Product Liability Recall and Crisis Management When confronted with significant litigation or a major...
February 21, 2008 Litigation, Product Liability, Recall and Crisis Management  More
Court of Québec holds that there is no minimum threshold for purposes of reporting environmental spills
On December 6, 2007, Mr. Justice Michel Boissonneault of the Court of Québec (District of Roberval) handed down his decision in Procureur général c. Transport Doucet & Fils Mistassini inc. (in French only),[1] dismissing the argument that there exists...
February 19, 2008 Environmental  More
Lobbyist Registration: New Rules and Burdens Coming on Canada Day
The long-awaited amendments to the federal Lobbyists Registration Act are now scheduled to come into effect on July 1, 2008.
February 18, 2008 Corporate and Commercial  More
Ogilvy Renault Annual Review 2007
Ogilvy Renault's 2007 Annual Review highlights a year of success on behalf of both longstanding and new clients. We are proud to have helped them achieve their goals while delivering on our commitment to provide exemplary service.
February 18, 2008  More
The New York Convention: 50 Years
The New York Convention,[1] a key international arbitration instrument designed to facilitate the recognition and enforcement of foreign arbitral awards, was adopted in 1958 under the auspices of the United Nations.
February 18, 2008 International Arbitration  More
The Competitive Edge
There have been two recent developments regarding the government's intentions to review Canada's foreign investment policies and competition laws.
February 14, 2008 Competition and Antitrust  More
Supreme Court of Canada: Insurers Cannot Always Benefit from Legal Subrogation
A recent decision of the Supreme Court of Canada, in a case from Quebec, confirms the wisdom of insurers' longstanding practice of obtaining a transfer of their insureds' rights when they pay claims.
February 13, 2008 Insurance and Professional Liability  More
Termination Agreements - An End to the Uncertainty?
The Civil Code of Québec provides that a party to a contract of employment with an indeterminate term may terminate it by giving notice of termination or, in the case of the employer, pay in lieu of notice to the other party.[1]
February 12, 2008 Employment and Labour  More
Decision on Timely Disclosure of Merger Negotiations Released by the Ontario Securities Commission
On January 14, 2008, the Ontario Securities Commission (the Commission) issued its decision In the Matter of AiT Advanced Information Technologies Corporation (AiT), Bernard Jude Ashe (Ashe) and Deborah Weinstein (Weinstein).
January 28, 2008 Corporate Finance and Securities  More
Canada and the United States Launch a Joint Pilot Program for Accelerating Patent Examinations
On January 28, 2008, the Canadian Intellectual Property Office (CIPO) and the United States Patent and Trademark Office (USPTO) will launch a joint pilot program aimed at creating a fast track examination process for patent applications.
January 28, 2008 Intellectual Property, Patents  More
Litigation News
The Supreme Court of Canada's recent judgment in the case of ABB Inc. v. Domtar Inc.[1] represents a landmark decision on sellers' and manufacturers' liability in Quebec.
January 18, 2008 Litigation  More
Commercial Arbitration in Canada
The Canadian legislative landscape is expressly designed to support the use of arbitration, be it domestic or international. Canadian courts are increasingly knowledgeable of and available to assist with the arbitral process and, ultimately, the...
January 7, 2008 Arbitration and Alternative Dispute Resolution, International Arbitration  More
Elimination of Withholding Tax on Arm's Length Payments of Interest
On December 14, 2007, the legislation to eliminate Canadian withholding tax on interest paid or credited to arm's length non-resident lenders became law.
December 19, 2007 Tax  More
New Obligations for Quebec Enterprises to Report Emissions of Contaminants into the Atmosphere
The new Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere requires Quebec enterprises to henceforth report atmospheric releases of certain contaminants.
December 17, 2007 Environmental  More
New CSA Rules on Forward-Looking Information Will Take Effect December 31, 2007
Effective December 31, 2007, the Canadian Securities Administrators are amending several national instruments and forms which will implement new requirements for forward-looking information, including future-oriented financial information (FOFI)...
December 4, 2007 Corporate Finance and Securities  More
Country Q&A - Canada 2007/2008
This document provides answers to some of the top questions regarding regulation, manufacturing, marketing and other topics in the field of life sciences.
December 3, 2007 Life Sciences  More
Ogilvy Renault Annual Review 2006
2006 was an exciting year for our clients, lawyers and agents. We are particularly proud of our client-focused approach to providing service-a perspective clearly appreciated by those we serve.
December 3, 2007 Administrative and Judicial Review, Banking and Financial Products, Employment and Labour, Environmental, Federal Labour and Employment, Insolvency and Restructuring, Intellectual Property, Litigation, Mergers and Acquisitions, Projects and Project Finance  More
Civil Liability Remedy for Secondary Market Disclosure Now Available in Quebec
On November 9, 2007, An Act to amend the Securities Act and other legislative provisions[1] (the "Act") came into force.
November 29, 2007 Corporate Finance and Securities  More
Supreme Court of Canada: Manufacturers can never rely on ignorance of a defect as their sole defence
The Supreme Court of Canada has just rendered a landmark decision on sellers' and manufacturers' liability in Quebec. In ABB Inc. v. Domtar Inc.,[1] the Court upheld Domtar's action against ABB Inc. and Alstom Canada Inc. for nearly 39 million dollars.
November 27, 2007 Product Liability  More
International finance transactions - Update on proposed elimination of Canadian withholding tax
Draft legislation was released that, if enacted, will accelerate the effective date for the elimination of Canadian withholding tax on interest payments to arm's length non-resident lenders.
November 23, 2007 Banking and Financial Products  More
Terence Dobbin featured in Financier Worldwide
Terence S. Dobbin, a partner in Ogilvy Renault's Business Law practice, was invited to write a guest column in November's UK-based Financier Worldwide magazine.
November 21, 2007 Mergers and Acquisitions  More
New Effective Date for the Elimination of Withholding Tax on Interest
A Notice of Ways and Means Motion tabled in Parliament on November 13, 2007 has moved forward the effective date for the elimination of Canadian withholding tax on interest payments to arm's length non-resident lenders.
November 21, 2007 Tax  More
Electronic Court Filing: A Cost Efficient Alternative for Today's Litigant
E-filing is a major development which is quickly changing the way North American courts operate.
November 21, 2007 Insurance and Professional Liability  More
Ontario Court of Appeal Overturns Denial of Certification in Foreign Exchange Class Action
On November 14, 2007 the Ontario Court of Appeal released its decision in Cassano v. The Toronto-Dominion Bank,[1] certifying a class action alleging that Toronto-Dominion Bank ("TD") breached its contract with credit card holders by failing to ...
November 19, 2007 Class Actions, Litigation  More
"Constructive" dismissal or layoff: What Are the Consequences of the Distinction?
Both case law and doctrine acknowledge that an employee's decision to leave his employment may have been prompted by his employer's actions, in which case we talk about a constructive dismissal.
November 15, 2007 Employment and Labour  More
U.S. Patent and Trademark Office Rule Changes Put on Hold
In August 2007, we reported that the United States Patent and Trademark Office (USPTO) had adopted new rules of practice which, in some instances, would significantly change the way patent applications are prepared, filed, and prosecuted in the U.S.
November 9, 2007 Intellectual Property, Patents  More
Recycling of Residual Materials: New Obligations for Companies in Quebec
Does your company make products that require packaging? Do you have a business in Quebec that produces or distributes containers, packaging or printed matter?
November 7, 2007 Environmental  More
Getting Familiar with Family Day
It's official. With Premier McGuinty's introduction of "Family Day," Ontario joins Alberta, Saskatchewan, and British Columbia in providing nine statutory holidays for all provincially regulated employees.
November 6, 2007 Employment and Labour  More
You Owe it to Yourself and Your Family to Consider Estate Planning
We can help you in creative and cost effective ways with wills. Failure to have a professionally prepared Will almost invariably results in unnecessary delay, expense, and tax, not to mention heartache.
November 5, 2007 Estates, Trusts and Wealth Management  More
The London Agreement Reduces Translation Requirements for European Patents
It will soon become significantly less costly to obtain patent protection in European countries.
November 5, 2007 Intellectual Property, Patents  More
New Cost Assignment Measures Adopted by the CSST Are Sure to Impact Your Financial Files!
On May 1, 2007, the new cost assignment centre of Quebec's workers' compensation board (the Commission de la santé et de la sécurité du travail or CSST) became operational.
November 2, 2007 Employment and Labour  More
Supreme Court of Canada Affirms Dismissal of Danier Leather Shareholder Class Action
The Supreme Court of Canada issued its decision in the shareholder class action suit Kerr v. Danier Leather Inc.
October 19, 2007 Corporate Finance and Securities, Litigation  More
Income Splitting with Testamentary Trusts
Canadian taxpayers are subject to a progressive income tax system in which the rate of tax increases as the level of income increases.
October 16, 2007 Estates, Trusts and Wealth Management  More
Takeovers Involving Foreign, State-Owned Enterprises and National Security
In summer 2007, amid rising pressure to ensure the national interest is being protected after several recent high-profile foreign takeovers, including Alcan, Hudson's Bay Co., Dofasco and Inco, the Government of Canada established the Competition ...
October 12, 2007 International Trade  More
Takeovers Involving Foreign, State-Owned Enterprises and National Security
On October 9, 2007, The Honourable Jim Prentice, Minister of Industry, announced that the Canadian Government would be accelerating the review of certain foreign investment matters and their treatment under the Investment Canada Act.
October 12, 2007 International Trade  More
Defensive Tactics in Canadian M&A
In the Sept. 2007 issue of Financier Worldwide, Terence S. Dobbin, partner in the Business Law Group, comments on the state of Canadian companies vis-à-vis corporate takeovers.
October 12, 2007 Mergers and Acquisitions  More
Ontario Superior Court Certifies Class Action Against Health Canada
On September 5, 2007, the Ontario Superior Court of Justice released its decision in Taylor v. Canada (Health),[1] certifying a class action that alleges that Health Canada was negligent in that it failed to exercise its powers and responsibilities...
October 11, 2007 Class Actions, Life Sciences, Litigation  More
Ontario Superior Court Certifies Class Action Against Health Canada
On September 5, 2007, the Ontario Superior Court of Justice released its decision in Taylor v. Canada (Health), certifying a class action that alleges that Health Canada was negligent in that it failed to exercise its powers and responsibilities under ...
October 11, 2007 Class Actions, Litigation  More
International finance transactions - Update on proposed elimination of Canadian withholding tax
In its second budget, the federal Conservative Government announced significant measures towards the elimination of withholding tax on interest paid or credited by Canadian-resident borrowers to arm's length non-residents, regardless of the latters' ...
October 10, 2007 Banking and Financial Products  More
Changes to Canadian Trade-Mark Opposition Practice in Force as of October 1, 2007
On October 1, 2007, the Canadian Trade-marks Office implemented changes to the procedures followed by the Trade-marks Opposition Board.
October 10, 2007 Intellectual Property, Trade-marks  More
Twenty Years On, the Cassandras Are Still Wrong
Derek H. Burney, Senior Strategic Advisor at Ogilvy Renault, reflects on the 20th anniversary of the Canada-U.S. Free Trade Agreement (FTA).
October 3, 2007 International Trade  More
Employers' Obligations regarding Voting in the Upcoming Ontario Provincial Election
On October 10, 2007, voters will head to the polls for a provincial election. With the approach of the election, employers must be aware of their obligations, including allowing employees time to vote.
October 1, 2007 Employment and Labour  More
Canada's Federal Court of Appeal Makes Important Decision in Patent Invalidity for Obviousness
George Locke, a partner in the IP group, wrote this article in the October 2007 issue of the international IP publication Patent World.
October 1, 2007 Intellectual Property, Patents  More
Internal By-laws: A "Must Have" for Good Governance by Pension Committees
Pension plan governance is an issue that has attracted a great deal of attention in the last few years.
September 28, 2007 Pension and Benefit Plans  More
Update on Canada-US Tax Treaty - Hybrid Entities
On September 21, 2007, the Minister of Finance announced the signing of the Fifth Protocol to the Canada-United States Income Tax Convention, 1980 (the "Treaty"), which updates and amends certain provisions of the Treaty.
September 27, 2007 Tax  More
Update on Canada-US Tax Treaty
The March 19, 2007 Federal Budget announced that an agreement in principle had been reached to amend the Canada-United States Income Tax Convention.
September 24, 2007 Banking and Financial Products  More
Markson v. MBNA Bank: The Ontario Court of Appeal Broadens the Scope of Aggregate
The Ontario Court of Appeal recently released its decision in Markson v. MBNA Canada Bank. This is a class action based on the allegation that certain credit card fees and interest charges amounted to a criminal rate of interest.
September 14, 2007 Litigation  More
A Fitness Centre at Work: Appealing Working Condition or More Responsibility for the Employer?
Are you one of those employers who are always looking for ways of attracting new talent in a field where qualified workers are scarce or building loyalty within your existing workforce?
September 11, 2007 Employment and Labour  More
Indiscriminate Blogging by Employees May Breach Confidentiality Requirement
In a recent Ontario arbitration award, Chatham-Kent v. CAW-Canada, Local 127 the termination of a unionized retirement home employee was upheld by an arbitrator for acts of insubordination and breach of confidentiality.
September 11, 2007 Employment and Labour  More
Highlights of the U.S. Patent and Trademark Office Rule Changes
The United States Patent and Trademark Office (USPTO) has now adopted new rules of practice which, in some instances, will significantly change the way patent applications are prepared, filed, and prosecuted in the U.S.
August 28, 2007 Intellectual Property, Patents, Trade-marks  More
News Flash: The CLP is Changing its Rules!
The Government recently approved certain amendments to the Rules of Evidence, Procedure and Practice of Quebec's Commission des lésions professionnelles and accordingly adopted the Regulation to amend the Rules of evidence.
August 28, 2007 Occupational Health and Safety and Workers Compensation  More
Supreme Court of Canada Considers the Right to Class Actions in the Context of an Arbitration Agreement
The Supreme Court of Canada recently rendered its much-anticipated decision in Dell Computer Corp. v. Union des consommateurs, an appeal in which Ogilvy Renault acted for the London Court of International Arbitration which was granted intervener status by
August 27, 2007 Arbitration and Alternative Dispute Resolution, Class Actions  More
NAFTA Tribunal Dismisses UPS Claims Against Canada
An arbitral tribunal composed of Dean Ronald A. Cass, Yves Fortier, C.C., Q.C. and Judge Kenneth Keith recently ruled on an investment dispute opposing United Parcel Service of America Inc. and the Government of Canada.
August 16, 2007 International Arbitration, International Trade  More
Enforcement of Patent Rights in Pre-Trial Proceedings
An article co-authored by Brian Daley, a partner at Ogilvy Renault, compares pre-trial procedures in Canada, the United States and the United Kingdom.
August 15, 2007 Insurance and Professional Liability, Patents  More
The spirit of the law -The Spirits International case
In Canada, trademark rights are acquired and maintained through use.
August 14, 2007 Intellectual Property, Trade-marks  More
Grey goods may or may not constitute copyright infringement
On July 26, 2007, Canada's highest court rendered an important decision which will be of interest to those who distribute imported goods in Canada.
July 31, 2007 Intellectual Property  More
Litigation News
Recent decisions in the area of class actions appear to have lowered the bar for plaintiffs seeking to certify class actions in Ontario.
July 24, 2007 Litigation  More
Canadian Government to Reconsider Foreign Investment Review Provisions of the Investment Canada Act
In early June 2007, the federal government announced a plan to review the Investment Canada Act.
July 4, 2007 International Trade  More
NASD Proposes Revised Rules for Fairness Opinions
On June 7, 2007, the National Association of Securities Dealers, Inc. (NASD) filed with the U.S. Securities and Exchange Commission (SEC) amendments to proposed NASD Rule 2290 which imposes new disclosure and procedural requirements for fairness ...
June 29, 2007 Mergers and Acquisitions  More
The Supreme Court of Canada's New Approach to Interjurisdictional Immunity and Paramountcy
On May 31, 2007, the Supreme Court of Canada released two long-awaited and important decisions - Canadian Western Bank v. Alberta and British Columbia (Attorney General) v. Lafarge Canada Inc.
June 27, 2007 Litigation  More
Resource Development and the Duty to Consult and Accommodate Aboriginal Peoples: Ontario Superior Court Takes On a Major Supervisory Role
The Superior Court of Justice of Ontario affirmed in two recent rulings that the duty to consult and accommodate the concerns of an Aboriginal community whose rights could be affected by mineral exploration activities arose from the time those...
June 21, 2007 Aboriginal, Litigation, Mining and Resources  More
Patent Invalidity for Obviousness: Canada's Federal Court of Appeal Renders an Important Decision
On June 7, 2007, Canada's Federal Court of Appeal rendered a decision in Novopharm Limited v. Jannsen-Ortho Inc. that dealt with several patent issues.
June 21, 2007 Patents  More
References Provided Over the Telephone: Employers, Watch Out!
The Quebec Court of Appeal recently ruled on a case where a woman suspected that her former employer was harming her by providing poor references about her.
June 19, 2007 Employment and Labour  More
Supreme Court of Canada Declares Collective Bargaining A Charter Right
On June 8, 2007, the Supreme Court of Canada issued a landmark decision declaring meaningful collective bargaining to be a right protected by the Canadian Charter of Rights and Freedoms.
June 15, 2007 Employment and Labour  More
The National Holiday: Last Minute Legislative Changes
On June 7, 2007, the National Assembly unanimously adopted legislation amending the National Holiday Act and the Act respecting hours and days of admission to commercial establishments.
June 14, 2007 Employment and Labour  More
Merger Review: New Timing Considerations Following The Commissioner of Competition v. Labatt Brewing Co. Ltd. et al
The Competition Tribunal's decision significantly limits the ability of the Commissioner to obtain interim orders under section 100 of the Competition Act pending a merger review and to halt the implementation of a merger transaction.
June 5, 2007 Competition and Antitrust  More
Canadian Businesses Will be Affected by the New European Regulatory Framework for the Management of Chemical Substances
On December 18, 2006, the European Parliament and the Council of the European Union adopted a regulation and a directive establishing the REACH system and setting up the European Chemicals Agency. REACH oversees the registration, evaluation and ...
June 4, 2007 Environmental  More
Brian Mulroney delivers closing speech at the Congrès du Barreau 2007
"It is with considerable emotion that I return from whence I came. And it is with both great pride and humility that I receive the Medal of the Quebec Bar Association."
June 2, 2007 Administrative and Judicial Review  More
Developments in Canadian M&A
In this article published in LEXPERT's 2007 Guide to the Leading U.S./Canada Cross Border Corporate Lawyers in Canada, Terence S. Dobbin, Francis R. Legault and Pierre R. Dagenais explain why corporate Canada experienced a tremendous amount of mergers ...
May 30, 2007 Mergers and Acquisitions  More
The Selective Distribution of Brand Name Products in Canada
On March 23, 2007, the Competition Tribunal ("Tribunal") rendered a decision concerning the supply of (or refusal to supply) brand name wares to department stores.
May 28, 2007 Competition and Antitrust, Intellectual Property  More
Proposed Internal Controls Certification
The Canadian Securities Administrators are proposing to introduce a new national instrument to repeal and replace Multilateral Instrument 52-109 - Certification of Disclosure in Issuer's Annual and Interim Filings (MI 52-109).
May 25, 2007 Corporate Finance and Securities  More
Doing Business with Foreign States and State Companies
Doing business with foreign states can be very attractive for Canadian firms. States can award lucrative contracts on a scale uncommon in the business world.
May 25, 2007 Arbitration and Alternative Dispute Resolution, Corporate and Commercial, International Arbitration, International Trade, Litigation  More
Highlights of the Quebec Budget 2007-2008
On May 24, 2007, the Quebec Minister of Finance, Monique Jérôme-Forget, tabled the Quebec Government's 2007-2008 Budget.
May 24, 2007 Tax  More
BC Court of Appeal Clarifies Duty to Consult and Concept of Priority
In R. v. Douglas et al, four members of the Cheam First Nation who had been convicted of fishing without a licence by the Provincial Court of British Columbia and who were subsequently acquitted on summary conviction appeal, had their convictions ...
May 23, 2007 Aboriginal  More
What You Should Know Before Acquiring A Biometric Access Control System
New access control systems which identify individuals by their biometric characteristics or measurements are now available to replace traditional systems (punch cards, magnetic cards, electronic keys).
May 18, 2007 Employment and Labour  More
Amendments to Canada's Patent Rules to Come Into Force on June 2, 2007
On June 2, 2007, amendments to Canada's Patent Rules ("Amendments") will come into force.
May 18, 2007 Patents  More
Federal Court of Appeal Ups the Ante for Patentees Litigating under the PM(NOC) Regulations
In Sanofi-Aventis Canada Inc. v. Novopharm Limited 2007 FCA 163 the Federal Court of Appeal has decided that a patentee who unsuccessfully challenges an allegation made by a generic drug manufacturer under the PM(NOC) Regulations cannot re-litigate ...
May 16, 2007 Life Sciences, Patents, Privacy and Access to Information  More
KSR International Co. v. Teleflex Inc.: the United States Supreme Court speaks on patent invalidity for obviousness
On April 30, 2007, the Supreme Court of the United States released its unanimous decision in KSR International Co. v. Teleflex Inc. The Supreme Court reversed a decision of the Court of Appeals for the Federal Circuit ("CAFC") and restored a District ...
May 4, 2007 Patents  More
Canada's New Air Emissions Reductions Plan
On April 27, 2007, the federal government released its Regulatory Framework for Air Emissions which is intended to significantly reduce greenhouse gases and other air pollutants (together "air emissions") in Canada.
May 3, 2007 Environmental  More
Tainted Spouse Trusts
When planning their Wills, most people understand that the capital gains tax that normally arises on death can be deferred if everything is left to one's spouse or to a trust for the exclusive benefit of the spouse.
May 1, 2007 Estates, Trusts and Wealth Management  More
Distance Contracts and E-commerce
The Quebec legislator has initiated a complete overhaul of the Consumer Protection Act (the "CPA") in order to modernize the legislation, which was adopted in 1978.
April 24, 2007  More
Duty to Consult and Accommodate Aboriginal Peoples: Impact on the Mining Industry in Canada
In November 2004, the Supreme Court of Canada ruled, in Haida and Taku River, that the federal and provincial Crown has a duty to consult Aboriginal peoples and to accommodate their concerns even before Aboriginal title or rights claims have been decided.
April 16, 2007 Aboriginal, Litigation, Mining and Resources  More
Proposed New Rules on Executive Compensation Disclosure
The CSA recently published for public comment proposed amendments to National Instrument 51-102 - Continuous Disclosure Obligations (the "Proposed Amendments") and Form 51-102F6 - Statement of Executive Compensation (the "Form").
April 11, 2007 Corporate Finance and Securities  More
Cross-border Transactions: Proposed Elimination of Canadian Withholding Tax
On March 19, in its second budget, the federal Conservative Government announced significant measures to eventually eliminate withholding tax on interest paid by Canadian-resident corporate borrowers to arm's length non-residents...
April 3, 2007 Tax  More
Technology Licensing - The Importance of Being Precise
The Counsel to Counsel article appearing on this Web site is provided with permission of LexisNexis® Martindale-Hubbell®.
April 1, 2007 Technology  More
Proactively Managing Software Sourcing
The Counsel to Counsel article appearing on this Web site is provided with permission of LexisNexis® Martindale-Hubbell®.
April 1, 2007 Technology  More
"A More Sinister Complexion": The Critical Need for Thorough and Robust Privacy Compliance Procedures and Plans
Personal information stored on stolen devices can be used for purposes such as fraud and identity theft - problems that have reached epidemic proportions throughout North America.
March 21, 2007 Life Sciences, Privacy and Access to Information  More
The CSA Propose a Harmonized Registration Regime
The CSA recently published for public comment proposed National Instrument 31-103 Registration Requirements (the Rule) and Companion Policy 31-103 CP (the Companion Policy).
March 19, 2007 Corporate Finance and Securities  More
Federal Budget 2007
On March 19, 2007, the Conservative Government tabled its second budget.
March 19, 2007 Tax  More
Litigation News
On January 25, 2007, the Supreme Court of Canada released its decision in Double N Earthmovers Ltd v. Edmonton.
March 19, 2007 Litigation  More
Check the Rules of the Game When Buying a Bankrupt Business
In the past, the judicial sale of a bankrupt business allowed the purchaser to continue the operations of the business without being bound by the obligations of the bankrupt business to its employees.
March 15, 2007 Employment and Labour, Insolvency and Restructuring  More
Can an Enterprise Communicate Personal Information on its Clientele Outside Canada?
An analysis of the findings of the Office of the Privacy Commissioner of Canada in recent inquiries, and impacts of Bill 86 on Quebec enterprises
March 12, 2007 Privacy and Access to Information  More
Employee Privacy Trumps Workplace Safety Concern: An Update on Random Drug Testing
A disappointing decision for employers on random drug testing was released by an Ontario Board of Arbitration on December 11, 2006.
March 8, 2007 Employment and Labour  More
ITEC Publications
Publication topics include: outsourcing and shared services; technology transactions and commercialization; due diligence and corporate governance for technology transactions; intellectual property and technology; financing technology deals; ADR in...
March 5, 2007 Technology  More
Statutory Copyright Damages Come of Age
In December 2006, the Federal Court of Canada rendered a decision where it awarded $500,000 in damages for copyright infringement in the field of software.
February 28, 2007 Intellectual Property  More
The Doctrine of Inequitable Conduct May Have Arrived in Canada
In a startling decision released on January 24, 2007, a judge of the Federal Court has deemed a patent to be abandoned based on the patentee's failure to disclose in good faith all appropriate facts in its patent application, and respond in good faith ...
February 23, 2007 Life Sciences, Patents, Privacy and Access to Information  More
Highlights of the Quebec Budget 2007-2008
On February 20, 2007, the Quebec Minister of Finance, Michel Audet, tabled the Quebec Government's 2007-2008 Budget.
February 21, 2007 Tax  More
Proposed CSA Rules Relating to Forward-Looking Information Including Future-Oriented Financial Information and Financial Outlooks
In December 2006, the Canadian Securities Administrators (CSA) published for comment proposed amendments to several national instruments and forms that would implement new requirements for forward-looking information, including future-oriented...
February 13, 2007 Corporate Finance and Securities  More
Canada's New Chemical Management Plan
In December 2006, the federal government introduced Canada's new Chemical Management Plan (the "Plan"), intended to improve the degree of protection in Canada against chemicals that are considered hazardous to the environment and human health.
February 13, 2007 Environmental, Litigation  More
Supreme Court of Canada Reverses Course on Procurement Law
Every year Canadian businesses make purchasing decisions cumulatively worth billions of dollars through tendering processes.
February 13, 2007 Construction, Engineering and Infrastructure  More
Avoiding Probate Fees Using Multiple Wills
In 1992, the Ontario government tripled probate fees. These are the fees that the government charges for putting its seal of approval on the will of a deceased person, thereby confirming the authority of the executors named in the will to administer ...
February 7, 2007 Estates, Trusts and Wealth Management  More
"The Hollowing Out of Corporate Canada ?", a speech by Derek Burney
"The Hollowing Out of Corporate Canada ?" is a speech given by Derek H. Burney, Senior Strategic Advisor at Ogilvy Renault LLP, at the Conference Board of Canada Mergers & Acquisitions: New Threats and Opportunities Conference, Toronto Marriott ...
January 19, 2007 Mergers and Acquisitions  More
New U.S. Supreme Court Ruling: Increased Power Afforded to Patent Licensees
On January 9, 2007, the United States Supreme Court ruled that a patent licensee is no longer required to terminate or breach its licence agreement in order to seek a declaratory judgment that the underlying patent is invalid, unenforceable or not ...
January 17, 2007 Intellectual Property  More
Canada Seeks Uniformity with New Organic Products Regulations
From Update Magazine January/February 2007, Issue 1. Reprinted with permission from FDLI.
January 2, 2007 Life Sciences  More
Bills C-257 and C-236: A Complete Prohibition on Replacement Workers?
There are two bills currently pending before Parliament which propose to amend the Canada Labour Code (the "Code").
December 20, 2006 Employment and Labour  More
Drug Name Confusion: Health Canada's "Look-alike, Sound-alike" Drug Name Review Policy
It has now been one year since Health Canada released a new policy to review drug and other health product names as part of its pre-market regulatory approval process.
December 16, 2006 Life Sciences, Trade-marks  More
International Tribunal Awards US$83.8 million to Airport Investors
On October 2, 2006, an international arbitral tribunal constituted under the rules of the International Centre for the Settlement of Investment Disputes (ICSID) awarded US$83.8 million to foreign investors in Hungary's Budapest-Ferihegy International ...
December 15, 2006 Arbitration and Alternative Dispute Resolution, International Trade  More
Former Distributor Retains Legitimate Interest in Disputed Domain Name
On November 15, 2006, in a domain name dispute submitted to the National Arbitration Forum pursuant to the Uniform Domain Name Dispute Resolution Policy (the "Policy") of the Internet Corporation For Assigned Names and Numbers (ICANN), an arbitration ...
December 15, 2006 Intellectual Property, Trade-marks  More
The Arthurs Report
On October 30, 2006, Professor Harry Arthurs, serving as a federally appointed Commissioner, delivered his report entitled "Fairness at Work: Federal Labour Standards for the 21st Century" ("Arthurs Report") to the federal Minister of Labour, the ...
December 11, 2006 Federal Labour and Employment  More
In a rush to obtain your U.S. patent?-The USPTO proposes a two-tiered system for examining patent applicationsIn a rush to obtain your U.S. patent?-The USPTO proposes a two-tiered system for examining patent applications
The waiting time to obtain a patent from the American patent office (U.S. Patent and Trademark Office, USPTO) is getting longer and longer, especially in the information technology, telecommunications and business methods sectors. On August 25, 2006 ...
December 4, 2006 Patents  More
Country Q&A - Canada 2006/2007
This document provides answers to some of the top questions regarding regulation, manufacturing, marketing, and other topics in the field of life sciences.
December 1, 2006 Life Sciences  More
General Information - Trade marks
Overview; registering a trade-mark; common law trade-marks; licenses; trade-mark use; maintaining valid trade-marks.
November 29, 2006 Life Sciences, Trade-marks  More
The Challenges of Governing, a speech by Derek Burney
"The Challenges of Governing" is a speech from Derek Burney, Senior Strategic Advisor at Ogilvy Renault LLP, given at the Deloitte National Public Sector Industry Conference, Museum of Civilization, Gatineau, on November 15, 2006.
November 27, 2006 Corporate and Commercial  More
A Tip to Save You Money in Protecting Your Brand
On September 19, 2006, the Federal Court of Canada rendered a decision which will influence your document management policy.
November 9, 2006 Trade-marks  More
Governing Green: Canada Introduces Organic Products Regulations
The organic products industry in Canada has been growing at a rate of 15-20% annually for the past 10 years and is now the fastest growth sector in agriculture.
November 9, 2006 Life Sciences  More
Federal Labour Standards Review: Recommendations
Fairness at Work: Federal Labour Standards for the 21st Century.
October 30, 2006 Federal Labour and Employment  More
If at First You Don't Succeed.
On October 17, 2006, Justice Hughes delivered Reasons for Judgment in Janssen-Ortho Inc. and Daiichi Pharmaceutical Co., Ltd. v. Novopharm Limited,[1] a patent infringement action brought in respect of the drug levofloxacin.
October 30, 2006 Patents  More
Doing Business with Foreign States and State Companies
Doing business with foreign states can be very attractive for Canadian firms.
October 26, 2006 Arbitration and Alternative Dispute Resolution, International Trade  More
Supreme Court Denies Deduction for Foreign Exchange Losses on Foreign Currency Debt
On October 20, 2006, the Supreme Court of Canada issued its decision in the cases of Imperial Oil Ltd. v. The Queen and Inco Ltd. v. The Queen.
October 24, 2006 Tax  More
Quebec Court of Appeal Provides Guidance on Conditions for Authorization of Class Action
After almost nine months of deliberation, the Court of Appeal has just handed down its decision in the Agropur case.
October 23, 2006 Class Actions, Litigation  More
Amendments to Procurement Contracts Are Subject to CITT Review
The decision of the Canadian International Trade Tribunal ("CITT" or the "Tribunal") in Canyon Contracting[1] may significantly limit the ability of federal government departments and agencies to amend contracts that have been awarded following a ...
October 19, 2006 International Trade  More
In Canada - Don't Be Vulnerable to a Departing Employee
Ogilvy Renault's Employment and Labour Law practice is one of Canada's largest management-side practices.
October 16, 2006 Employment and Labour  More
Court of Appeal Releases Its Decision in Keays v. Honda
On September 29, 2006, the Ontario Court of Appeal released its long-awaited decision[1] in the appeal of the trial judge's award in Keays v. Honda Canada Inc. As we reported to you in April 2005, the trial judge awarded 15 months' notice, an ...
October 11, 2006 Employment and Labour  More
Unions in Canadian Restructurings... Who's the Gatekeeper?
Not for reproduction or publication by any persons other than ABFjournal.
October 10, 2006 Asset-based Lending  More
Ontario and Federal Government Sign Agreement for Combined Ontario Corporate Tax Administration - A Blessing and A Curse?
On October 6, 2006 the federal and Ontario Ministers of Finance signed an agreement under which the federal government will collect and administer Ontario's corporate income tax.
October 10, 2006 Tax  More
Antitrust: A Cross-border Perspective
Reprinted from 2006 Lexpert Guide to the Leading 100 Canadian Industry Specialists. (c) Thomson Carswell.
October 10, 2006 Competition and Antitrust  More
Permission to search
On 27 July 2006, Canada's highest judicial instance rendered its first decision1 on Anton Piller2 Orders (APO), an effective remedy often used by intellectual property rights owners to preserve evidence in their fight against counterfeit products.
October 4, 2006 Intellectual Property, Litigation, Trade-marks  More
The Weakest Link: A Privacy Case Study and Cautionary Tale
The single greatest privacy challenge facing institutions today does not lie in creating policies and procedures that are compliant with Canadian law.
October 2, 2006 Privacy and Access to Information  More
Abuse of dominance in Canada
An extract from The Antitrust Review of the Americas 2007, a Global Competition Review special report.
October 2, 2006 Competition and Antitrust  More
Extra Protection for Canadians Investing Abroad
Canadian companies and individuals are investing abroad more than ever before.
September 15, 2006 Arbitration and Alternative Dispute Resolution, International Arbitration  More
OSC Issues Decision in Sears Canada Bid
The Ontario Securities Commission recently released its decision regarding the proposed privatization of Sears Canada Inc. ("Sears Canada") by its U.S. parent, Sears Holdings Corporation ("Sears Holdings").
September 12, 2006 Corporate Finance and Securities  More
Update - Regulating Drug Prices in Ontario - A Hasty Attempt to Resolve Intricate Issues
This bulletin updates our commentary of April 2006 in which we described proposed changes to the Drug Interchangeability and Dispensing Fee Act (DIDFA) and the Ontario Drug Benefit Act (ODBA).
August 10, 2006 Life Sciences  More
Important Supreme Court of Canada Decision on Receiver Liability as a Successor Employer
On July 27, 2006, the Supreme Court of Canada released its decision in The Industrial Wood & Allied Workers of Canada, Local 700 v.GMAC Commercial Credit Corporation of Canada et al. dealing with, among other things, the authority of Bankruptcy Courts...
August 10, 2006 Asset-based Lending, Banking and Financial Products, Employment and Labour, Insolvency and Restructuring, Litigation  More
Litigation News
In Canada 3000 Inc., Re; Inter-Canadian (1991) Inc. (Trustee of), 2006 SCC 24, the Supreme Court of Canada held that Canadian airport authorities as well as NAV Canada were entitled to seize and detain aircraft operated by airlines that had incurred ...
July 25, 2006 Litigation  More