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Articles
Canada: Merger Review 2016
August 2015
This chapter sets out the structure and practice for assessing merger review under the Canadian Competition Act. As with other competition regimes, the fundamental framework of analysis centres on whether a merger will, or is likely to, result in a substantial prevention or lessening of competition (SPLC). We also discuss the enforcement approach taken to merger review by the Competition Bureau. Finally, we examine issues related to challenges by the Commissioner of competition and potential remedies when issues arise. The chapter is available in PDF format below or online from the Global Competition Review website.
The Test for Family Status Discrimination in the Ontario Courts
September 21, 2015
Justice Healy's January 2015 decision in Partridge v Botony Dental Corporation is likely to be on many lists of top human rights law decisions already decided this year. Besides awarding damages under the Human Rights Code, Justice Healy's decision discusses the test for family status discrimination, the first time an Ontario court has done so. Published in Volume XXI, No. 4 of Charter and Human Rights Litigation by Federated Press.
CBA's Constitutional and Human Rights Law Section Case Updates
September 2015
Ranjan Agarwal and David Cassin provide case updates for Canadian Broadcasting Corporation v Attorney General of Ontario, 2015 ONSC 3131, Frank v Canada (Attorney General), 2015 ONCA 536, Council of Canadians v Canada (Attorney General), 2015 ONSC 4601, Taylor-Baptiste v Ontario Public Service Employees Union, 2015 ONCA 495, Trinity Western University v The Law Society of Upper Canada, 2015 ONSC 4250, Jones Lang Lasalle Real Estate Services Inc. v Human Rights Tribunal of Ontario and Brian Graff, 2015 ONSC 4005, Aiken v Ottawa Police Services Board, 2015 ONSC 3793, and Swain v MBM Intellectual Property Law LLP, 2015 HRTO 1011.
WHAT YOU SEE'S IS WHAT YOU GET'S: The Land Titles Registry I Once Knew
September 2015
Simon Crawford presented at the Law Society of Upper Canada, Commercial Mortgage Transactions, 2015, on the Ontario Superior Court decision in CIBC Mortgages Inc. v. Computershare Trust Co of Canada. View presentation at Slideshare: WHAT YOU SEE'S IS WHAT YOU GET'S: The Land Titles Registry I Once Knew.
Kim Maguire in Tax Notes International
August 31, 2015
Kim Maguire writes on "Tax Issues on Acquiring a Canadian Business" in Tax Notes International, Volume 79, Number 9.
Cybercrime Increasing in Quantity, Complexity and Sophistication
August 2015
Technology creates new opportunities for criminals; as technology evolves, so, too, do the potential criminal uses for it. The criminal exploitation of new and emerging technologies – such as cloud computing, anonymous online networks and virtual currency schemes – requires businesses to be proactive to protect themselves in a digital era. Published by Carswell in the May 2015 edition of Legal Alert (Volume 34, Number 2). Reproduced by permission of Carswell, a division of Thomson Reuters Canada Limited.
Augmentation, Not Automation
August 03, 2015
The article “Beyond automation” in the June issue of Harvard Business Review has sparked many excellent legal and other responses since its publication, including a summary on the excellent 3 Geeks and a Law Blog. Published in the Tech Support section of Canadian Lawyer online.
International Trade and Commercial Transactions in Canada
July 2015
The Government of Canada has undertaken an active programme of trade negotiations. The Canada-Korea free trade agreement (FTA), Canada's first with an Asian country, entered into force on 1 January 2015. The Canada-Honduras FTA entered into force on 1 October 2014. Negotiations of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) concluded in September 2014. CETA could enter into force by 2016. Authored by Jesse I. Goldman, Eden M. Oliver, Matthew Kronby and Maureen Ward and published in Practical Law's Global Guide 2015/16 International Trade and Commercial Transactions.
Chasing China Trade
July 17, 2015
Despite positive initiatives like FIPA, Canada at risk of falling behind global competition. This is shaping up to be a landmark year in Canada's trade relations with China. Canadian exports to China increased significantly in the first quarter of 2015, Chinese private foreign direct investment into Canada continues to accelerate and diversify, and the Canada-China Foreign Investment Protection Agreement came into force on Oct. 1. What is the state of Canada's trade relations with this emerging economic and political giant? Written by Jesse I. Goldman and published in The Lawyers Weekly.
New Integrity Regime of Procurement Rules Still Tilts Toward Punishment
July 13, 2015
Every year, the federal government buys more than $16-billion worth of goods and services. As a manager of other people's – taxpayers' – money, the government has a clear incentive to protect the integrity of the procurement process and to avoid doing business with companies that have engaged in fraud, bid-rigging, bribery and other misconduct. Written by Milos Barutciski and Matthew Kronby and published in the Globe and Mail's Report on Business.
Getting the Deal Through: Trade & Customs 2016
July 2015
This volume covers the important developments in international trade law and policy, covering: trade defence investigations, custom duties, trade barriers, export controls, and trade embargoes. Contributors are made from leading practitioners in each of the six trade blocs and 12 jurisdictions covered. The Canada chapter is authored by Jesse Goldman and Matthew Kronby. Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Trade & Customs 2016, (published in July 2015; contributing editor: Gary N Horlick, Law Offices of Gary N Horlick) For further information please visit www.gettingthedealthrough.com.
Cheque Fraud: Know Your Payee
March 2015
Cheque fraud victims may benefit from taking certain precautions, including obtaining actual knowledge about their intended payees. There is a reason one should take special care when issuing cheques and carefully consider the specificdescription of the payee(s). In certain circumstances of cheque fraud, doing so (or not) may be key to determining liability. Published by Carswell in the March 2015 edition of Legal Alert (Volume 33, Number 12).
Selecting a Cloud Service Provider
June 12, 2015
An enterprise seeking to control costs will be tempted to consider cloud based solutions in contrast to the traditional software model. There are a number of items that the enterprise must consider as it assesses this opportunity. Published in a sponsored feature in the Toronto Sun and available from cloudcomputinginfo.ca.
Product Liability Class Actions in Canada
June 11, 2015
Class actions are a significant component of the product liability landscape in Canada. There are many products cases in which traditional litigation will be cost-prohibitive, because damages are modest. Further, an alleged design defect in a product will typically affect a significant number of people. Class proceedings offer the promise of efficient and affordable access to justice for persons similarly adversely affected by a product. Straightforward products cases have accordingly been referred to as “ideal”, or “quintessential” class proceedings. However, many product liability cases are not well-suited for class proceedings. This chapter provides background information about product liability class actions in Canada, and guidance on the types of product liability claims most amenable to class treatment. Published in The International Comparative Legal Guide to Product Liability 2015.
Recent Trends in Canadian Class Actions
June 10, 2015
Michael Eizenga, Ilan Ishai and Ashley Patterson present Recent Trends in Canadian Class Actions at the Law Society of Upper Canada's "Six-Minute Business Lawyer" program.
The Tipping Point for Collaboration
June 06, 2015
Kate Simpson authors "The Tipping Point for Collaboration" published in Canadian Lawyer Magazine. Smart creatives are using highly visual tools and systems to create a deeper level of shared understanding between lawyer and client.
See the print version for the full article.
The Northern Rule of Law
June 02, 2015
E-commerce businesses outside of Canada, including foreign parents and affiliates of Canadian companies, are often surprised to learn that their online commercial activities put them at risk of having to comply with a broad range of onerous Canadian laws and regulations, as well as the possibility of being hauled into a Canadian court. That risk is particularly acute for a foreign parent or affiliate of a Canadian bricks-and-mortar retailer doing business in Canada through a website operated on its behalf, often invisibly, by the parent or affiliate. Published by Internet Retailer.
Rethinking Social Licence to Operate - A Concept in Search of Definition and Boundaries
June 01, 2015
The term "social licence to operate" (SLO) arises frequently in discussions about resource
development projects. This article examines the evolution of SLO in the approval of resource development projects and its recent rise in popular use. It then considers how the concept relates to political governance and law. Finally, it assesses the implications of
how SLO is being applied – for good and for bad, but most often without a proper context. Published in Volume 7, Issue 2 of Environment and Energy Bulletin by the Business Council of British Columbia.
Why Every Parent Needs a Will
June 2015
This Calgary Child's Magazine article discusses the importance of having a will, specifically in relation to guardianship of children, distribution of inheritance and administration of an estate.
Making up your Mind: Trial Litigation vs. Arbitration in the Commercial World
Summer 2015
The literature is rife with commentaries on the relative merits of international
arbitration and trial litigation in national courts. Most begin with the same clichéd observation: after years on the rise, arbitration has now eclipsed litigation as the preferred mechanism for resolving cross-border commercial disputes. This claim is probably true. A 2013 survey reported that 52 percent of companies across industries prefer arbitration. It also found that companies refer disputes to arbitration and litigation in equal measure at 47 percent each. Published in Volume 34, Number 1 of The Advocates' Journal.
Legal Strategies in Mergers and Acquisitions
May 19, 2015
Prepared for the Legal Education Society of Alberta's Legal Strategies in Mergers and Acquisitions Course, "Key Purchase/Sale Agreement Provisions" discussing specific contractual provisions and issues which are commonly negotiated, frequently misunderstood or which are becoming more prevalent in commercial practice as it related to purchase and sale agreements in Alberta.
Drafting the Math – Understanding Financial Covenants, Tests and Benchmarks in Commercial Transactions
May 2015
Simon Crawford presented at the Law Society of Upper Canada (5th Annual Business Law Summit) on Explanation and Calculation of 1) Loan to Value Ratio; 2) Debt to Equity Ratio; 3) EBITDA; 4) Interest Coverage Ratio; 5) Net Present Value; 6) Loan Life Coverage Ratio; 7) Debt Service Coverage Ratio; 8) Internal Rate of Return; and 9) Earn Outs. View the presentation at Slideshare: Drafting the Math – Understanding Financial Covenants, Tests and Benchmarks in Commercial Transactions.
Canadian Energy Regulatory Developments – 2015 – Market Access
April 24, 2015
Two developments which dominated the federal regulatory agenda in 2014 were first, new oil pipeline projects designed to access new markets primarily in Asia and Europe; and second, a large number of liquefied natural gas (LNG) projects designed to serve incremental markets in Asia and Europe; includes commentary on Keystone XL. Published in Euromoney Expert Guides – Energy.
Use of Competitor's Trademarks in Metatags Does Not Constitute Infringement
April 2015
A recent decision of the Federal Court of Canada has addressed issues that have received little judicial consideration in Canada—specifically, whether use of a competitor's registered trademark in metatags constitutes infringement and whether copyright subsists in metatags. The short answer to both questions is no. Published in Internet and E-Commerce Law in Canada, April 2015, Volume 15, No. 12.
Bennett Jones