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Gary S.A. Solway

Technology, Media & Corporate Lawyer | Governance

Partner

Lisa Kakoske

Corporate and Securities Lawyer

Bruce A. Hibbard

Corporate & Securities Lawyer | M&A

Partner 

Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups, is a comprehensive guide designed to help Canadian technology startups navigate the complexities of choosing the right jurisdiction for incorporation.

Incorporation Forum Shopping in Canada Considerations for Canadian Tech Startups

Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

William S. Osler KC

Capital Markets, Securities, M&A and Corporate Governance Lawyer at Bennett Jones Calgary

Valeria Palacio

Corporate Commercial Lawyer at Bennett Jones Calgary

Associate

As an update to our previous blog posts, <a rel="noopener noreferrer" href="https://bennettjones.com/Blogs-Section/Greater-Flexibility-for-Reporting-Issuers-Access-Equals-Delivery" target="_blank">Greater Flexibility for Reporting Issuers: Access Equals Delivery</a> and <a rel="noopener noreferrer" href="https://www.bennettjones.com/Blogs-Section/CSA-Seeks-Comments-on-Access-Equals-Delivery-Model-for-Prospectuses-Financial-Statements-and-MDA" target="_blank">CSA Seeks Comments on “Access Equals Delivery” Model for Prospectuses, Financial Statements and MD&A</a>, the Canadian Securities Administrators (CSA) have published for comments a revised access model for certain continuous disclosure documents (CD Documents) of non-investment fund reporting issuers (Proposed Access Model). The Proposed Access Model is subject to a 90-day comment period, ending on February 17, 2025.

CSA Seeks Comments on Proposed Access Model Modernized Approach for Delivery

CSA Seeks Comments on Proposed Access Model: Modernized Approach for Delivery of Continuous Disclosure Documents

Andrew N. Disipio

Mining & Corporate Finance Lawyer | M&A, Equity & Debt Deals

On January 11, 2024, the Canadian Securities Administration published amendments implementing an "Access Equals Delivery" model to generally permit electronic delivery of prospectuses in Canada for non-investment fund reporting issuers, including venture issuers. The AED Model will come into force on April 16, 2024, subject to receiving expected regulatory and ministerial approvals.

Greater Flexibility for Reporting Issuers Access Equals Delivery

Greater Flexibility for Reporting Issuers: Access Equals Delivery

Kristopher R. Hanc

M&A and Capital Markets Lawyer at Bennett Jones Toronto

Glass, Lewis & Co and Institutional Shareholder Services have both released updates to their Canadian proxy voting guidelines for the 2023 proxy season, with the most significant changes relating to board diversity, environmental and climate related matters and executive compensation.. Recommendations from proxy advisory firms can have a significant impact on the outcome of business conducted at shareholder meetings—especially if institutional investors comprise a significant portion of the company's shareholder base. Canadian public companies should review the updates with their legal counsel to determine the impact on disclosure and governance practices, and take steps to mitigate any potential adverse voting recommendations.

ISS and Glass Lewis Update 2023 Proxy Voting Guidelines

Jehad Haymour

Tax Litigation Lawyer at Bennett Jones Calgary

Sophie Virji

Tax Lawyer at Bennett Jones Calgary

Anna Lekach

The Tax Court of Canada allowed ExxonMobil Canada Resources Company&rsquo;s appeal in a significant transfer pricing dispute concerning the deductibility of feasibility study costs related to a proposed Alaska-to-North America natural gas pipeline project. The Court found that the costs were incurred for the purpose of earning income and rejected the Minister&rsquo;s transfer pricing adjustments and Part XIII tax assessment. The decision provides important guidance on transfer pricing analysis, the application of the OECD Guidelines and the evidentiary role of expert testimony in tax disputes.

ExxonMobil Wins in Tax Court in Transfer Pricing Dispute

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Andrew L. Jeanrie

Real Estate & Municipal Law Lawyer | Development & Approvals

Helen Cassie

Associate at Bennett Jones Vancouver

This first installment in a three-part series examines the federal government&rsquo;s creation of Build Canada Homes (BCH) and the policy shift toward a more delivery-oriented role in housing development. It situates BCH within current market conditions and outlines how the new Crown corporation is intended to accelerate affordable housing supply through partnerships with the private and non-profit sectors.

A Three Part Series on the New Federal Approach to Housing Build Canada Homes

A Three-Part Series on the New Federal Approach to Housing: Build Canada Homes

Quinn Rozwadowski

Articling Student at Bennett Jones in Toronto

Articling Student

Jane C. Helmstadter

Real Estate Lawyer at Bennett Jones Toronto

Even carefully drafted lease covenants requiring tenants to repair and restore premises may not be enforced literally under Canadian common law. Courts consider reasonableness, commercial context, and ordinary wear and tear when assessing tenant obligations. This blog explores how landlords and tenants can navigate these limits and manage end-of-lease expectations.

Not Quite Absolute Obligations Reasonable Limits on Lease Covenants to Repair Restore

Not-Quite-Absolute Obligations: Reasonable Limits on Lease Covenants to Repair & Restore

Natalia E. Iamundo

Commercial Real Estate Lawyer at Bennett Jones Toronto

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Ahmed Elmallah

Intellectual Property Lawyer at Bennett Jones Edmonton

Counsel, Patent Agent, Trademark Agent

Proptech is transforming the real estate sector through technologies such as AI, IoT and data-driven platforms. This blog examines recent Canadian patent filing trends, emerging litigation and key IP considerations for companies developing or adopting proptech solutions.

Prop Tech Patents And Patent Litigation

Proptech: Patents and Patent Litigation

Samuel Judson

Craig R. R. Garbe

Commercial Real Estate Lawyer | Funds, REITs & JV Deals

Rights of first refusal (ROFRs) can significantly affect Canadian commercial real estate transactions, particularly when properties are sold as part of a portfolio. This blog reviews limited Canadian case law addressing when ROFRs are triggered in portfolio sales and the challenges they create for vendors and purchasers. It also outlines practical structuring strategies to help navigate these complex transactions.

Rights of First Refusal in Canadian Commercial Real Estate

Rights of First Refusal in Canadian Commercial Real Estate: Navigating Portfolio ROFRs

Intellectual Property for Tech Entrepreneurs

From the Same Authors