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Apr 14, 2014

How the New Anti-Spam Act Will Affect Your Business – Update

Canada’s new anti-spam law applies to “commercial electronic messages” (also known as CEMs) as of July 1, 2014. CEMs include e-mails and text messages.The general rule under…

Mar 31, 2014

Quiz: Navigating public-private partnerships

The 70s, 80s and 90s brought far too little investment in the repair of existing infrastructure and development of new infrastructure, leading to recognition around 2000-03 that…

Feb 13, 2014

Budget 2014: Changes to the Taxation of Trusts and Estates

The Canadian Federal Budget was tabled on February 11, 2014 and contains several important changes to the taxation of trusts and estates. We were somewhat prepared for…

Feb 6, 2014

Sneaking and Peeking: The Future of Securities Investigation Has Arrived

In the 1983 classic Scarface, Tony Montana was recorded laundering millions of dollars by a video camera disguised as a clock. His captors understood one important lesson:…

Feb 1, 2014

Beware the Pitfalls of the Notice of Default

It is well established law that distress and termination are mutually exclusive remedies. Distress proceedings are fundamentally inconsistent with a termination of the lease, as the former…

Jan 28, 2014

Quiz: Make sure policies comply with law of the land

Employment policies help employers clarify their expectations to their employees. Policies also help establish guidelines for dealing with day-to-day issues such as vacation, overtime, sick leave, and…

Dec 16, 2013

Risks of International Tort Litigation at Home

Many Canadian companies with global operations are unacquainted with the risks of domestic tort litigation as a result of their business activities in foreign countries. While there…

Dec 11, 2013

Cuthbertson v. Rasouli and its Implications for Substitute Decision-Makers

In a recent and much-anticipated judgment, the Supreme Court of Canada in Cuthbertson v.Rasouli confirmed that withdrawing or withholding life support constitutes treatment which, inturn, requires consent…

Dec 9, 2013

Spilling secrets: The end of confidentiality in offshore financial centres

The Cayman Islands, Nevis and the British Virgin Islands (“BVI“) bring to mind images of turquoise waters, white sand beaches andoffshore bank accounts and corporations where the…

Nov 29, 2013

Securities Law Quarterly – Q3 2013

In the third quarter of 2013, the Ontario Securities Commission (“OSC“) and the Canadian Securities Administrators (“CSA“) both provided updates to the market the OSC on…

Nov 13, 2013

The Leadership Perspective Roundup with Amanda Lang

Our last leadership perspectives event of 2013 featured Amanda Lang; bestselling author, award-winning journalist and senior business correspondent for CBC News, in which she reflected on the…

Oct 30, 2013

Proceedings involving the OSC: 10 Things Every Dealer Should Know

Complying with regulatory obligations under securities law is a top priority for exempt market dealers (“EMDs”) across Ontario who want to avoid proceedings involving the Ontario Securities…

Real Estate Licensing considerations for EMDs

In the recent editions of Exempt Market Update, in the articles Engagement Letter Best Practices Part One and Part Two, we focused on two topicalfeatures of…

Oct 17, 2013

The Recovery of Stolen Assets in Canada: Civil and Criminal Remedies

In Canada, the fraud victim has four avenues that would aid in the recovery of the stolen funds: (1) the pursuit of civil remedies; (2) the pursuit…

Oct 1, 2013

Quiz: Governance and Regulatory Issues

There are a myriad of statutes, regulations, rules, policies, and documents which govern the day-today activities of individuals, businesses, institutions, and other organizations operating throughout Canada and…

Aug 15, 2013

Securities Law Quarterly – Q2 2013

In the second quarter of 2013, the Ontario Securities Commission (the “OSC”) reviewed compliance with Forward-Looking Information (“FLI”) disclosure requirements and identified areas needing improvement. The OSC…

Aug 13, 2013

“Canada” in Global Legal Insights – Litigation & Dispute Resolution 2nd Ed.

This article appeared in the second edition of Global Legal Insights Litigation & Dispute Resolution; published by Global Legal Group Ltd, London. In the chapter on…

Jul 31, 2013

Public Interest Litigation: Do Not Get Slapped

What is SLAPP? On June 4, 2013, the Attorney-General of Ontario introduced new legislation with the purpose of better protecting freedom of speech by discouraging dubious lawsuits…

Can You Believe It? The Role of Corroboration in Estates Litigation

The Ontario Court of Appeal recently admitted statements made by a deceased to family members prior to his death as evidence of his insurer’s mistaken cancellation of…

Jul 29, 2013

Quiz: Navigating Franchising Leasing Agreements

With franchisors and franchisees involved, lease agreements can get fairly complicated. In many situations, it’s not immediately obvious where obligations lie, or whether a clause will be…