• Proposed Oil Tanker Moratorium Act—Defining Canada's Pacific Gateway
    May 23, 2017

    On 12 May 2017, the Government of Canada introduced Bill C-48, the proposed Oil Tanker Moratorium Act, in Parliament. This initiative follows up on the launch of the national Oceans Protection Plan in November 2016, and fulfils the Prime Minister’s commitment to formalize a crude oil tanker moratorium on British Columbia’s north coast. The broader plan aims to "improve marine safety and responsible shipping; protect Canada’s marine environment; and create new partnerships with Indigenous and coastal communities".
  • Equity Kickers and the Criminal Rate of Interest
    May 08, 2017

    Entering into a loan transaction that also has an equity component, such as the issuance of shares or warrants, has previously given rise to some concern that the loan could ultimately run afoul of the 60 percent criminal rate of interest. While this has widely been thought to be contrary to the intended purpose of the criminal interest provision (preventing loan-sharking), there has still been a risk that equity could be captured and valued as interest due to the broad definition and judicial interpretation of "interest" in that provision. However, that risk has been diminished by a decision of the Ontario Superior Court that was recently upheld by the Ontario Court of Appeal.
  • Court of Appeal Permits Union Certification Application in Face of Insolvency Stay of Proceedings
    May 03, 2017

    The Ontario Court of Appeal recently released a decision allowing a certification application by a union to proceed in the face of a receivership of the employer. The decision garnered a strong dissent from Justice Lauwers, suggesting that the decision of the majority would “effect a sea change in insolvency law.”


  • Evidence of Actual Confusion Is Not Determinative in Trademark Infringement Cases
    May 26, 2017

    To succeed in a trademark infringement case, a plaintiff must prove a likelihood of confusion—that a casual consumer would likely be confused into thinking the source of the defendant's products or services is the same as or associated with the plaintiff.  Evidence of actual consumer confusion is not required.  And when evidence of actual confusion is presented, it does not trump the other factors; it is just one factor to be weighed in the confusion analysis.
  • Cybersecurity Lessons from the United States: A Guide for Directors and Officers
    May 23, 2017

    The recent global ransomware attack (WannaCry) was yet another reminder of the increased threat posed by cyber breaches. While cybersecurity attacks are inevitable, organizations (and their directors and officers) may still be liable to the extent they failed to take reasonable steps to prevent the attack, or failed to respond appropriately to the attack.
  • New Funding Framework for DB Pension Plans Announced
    May 23, 2017

    On May 19, 2017, the Ontario Government announced that it is implementing a new funding framework for defined benefit (DB) pension plans in Ontario. Highlights include...


  • Public Mergers and Acquisitions in Canada
    May 2017

    Canadian public merger and acquisition transactions in 2016 (in-bound and out-bound) comprised over C$400 billion in value with at least one-third of the transactions in Canada being fueled by foreign buyers. The second edition of the Guide provides an overview of the current Canadian legal system for anyone contemplating a public merger and acquisition transaction in Canada. It describes, among other things, acquisition techniques, deal strategy and tactics, minority shareholder rights, directors' duties, regulatory approvals, cross-border considerations and tax and employment matters. The new edition of the Guide is particularly timely in light of significant changes to Canada's take-over bid regime over 2016/2017.
  • Looking Forward: Canadian Class Actions in 2017
    March 02, 2017

    In 2016, significant decisions were rendered in class proceedings that provide clarity on how Canadian courts intend to interact with each other, domestic and foreign litigants, and courts internationally going forward. Recent trends towards the globalization of Canada’s class regime have continued.

    Bennett Jones was involved in some of the most important cases of 2016. Our active and expanding class actions practice group maintained its hard-earned reputation as a leader in the Canadian legal market. By leveraging our practical experience, litigation expertise, and unparalleled knowledge of procedure, we helped clients achieve meaningful results that aligned with their business objectives.

    With the additional clarity provided by recent decisions, the stage is set for continued Canadian class action activity in 2017. Our 2017 Looking Forward publication contains our discussion of recent Canadian class action trends and our look forward at how we anticipate those trends will impact strategies for defeating class actions or potentially avoiding them altogether.

  • Private Placement of Securities in Canada
    Second Edition, January 2017

    Securities regulation in Canada is a matter of provincial jurisdiction and each of the ten Canadian provinces and three territories has its own securities regulatory body, that enforces the relevant local legislation and generally has the power to promulgate rules, regulations and policies with respect to securities trading. Although the legal requirements with respect to securities offerings are substantially similar in each province and territory, there are some unique features to each regime.