• Recent D&O Case Shows Why Reviewing Policy is Important
    July 26, 2010
    The world of D&O insurance contains a number of strange and dangerous concepts. And the specific wording of D&O insurance policies is extremely important.
  • Gross Negligence: How Bad Does it Have to Be?
    July 20, 2010
    In the wake of the Deepwater Horizon blow-out in the Gulf of Mexico, the legal term gross negligence has achieved prominence in the mainstream media. It is certainly being discussed by energy players on both sides of the border and around the world.
  • Trends in Transfer Pricing Drive the Need for a Unified Approach
    June 01, 2010
    Recent trends in transfer pricing are placing a renewed emphasis on transfer pricing compliance by businesses of all sizes and underscore the utility of a unified approach to tax and customs transfer pricing that optimizes benefits derived from dual planning and minimizes costly and protracted disputes. In this update, we highlight these key trends and discuss features and benefits of the unified approach.
  • Bennett Jones Spring 2010 Economic Outlook
    May 17, 2010
    As the Canadian economy recovers, Bennett Jones provides its perspective on economic trends that will influence Canadian business throughout 2010 and beyond. This economic update reviews the short-term outlook for the Canadian and world economies, discusses the policy adjustments that are needed to support growth beyond the recovery, examines the fiscal challenge Canada faces in the medium term, highlights international trade issues and negotiations underway, and draws implications of this uncertain macroeconomic evolution for Canadian businesses. Look for the Autumn 2010 Economic Outlook in November 2010.
  • The Changing Face of Privacy
    May 03, 2010
    Effective May 1, 2010, Alberta's Personal Information Protection Act and its Regulations have been amended by the Personal Information Protection Amendment Act and the corresponding Personal Information Protection Act Amendment Regulation.
  • Caveat Counsel: Care and Caution in the Boardroom
    April 08, 2010
    A securities class action certification decision handed down by the Ontario Superior Court of Justice in December 2009, Allen v. Aspen Group Resources Corporation, et al., is attracting attention from the perspective of potential liability for law firms.
  • Crown Failure to Consult and Accommodate Stays Mining Permit
    March 31, 2010
    The British Columbia Supreme Court has suspended an exploration permit and license to cut issued to First Coal Corporation on the basis that Crown decision-makers had not adequately consulted with and accommodated the concerns of the West Moberly First Nations regarding impacts of First Coal's operations to the Burnt Pine caribou herd.
  • Approach RFP, Tender and Procurement Documents with Care
    March 09, 2010
    In Tercon Construction Ltd. v. British Columbia (Ministry of Transportation and Highways), 2010 SCC 4, the Supreme Court of Canada provided an analytical framework for the interpretation of a clause excluding liability in the context of a request for proposals, giving owners cause to carefully consider the drafting of RFP, tender or other procurement documents in the future.
  • Response to the 2010 Federal Budget
    March 08, 2010
    On March 4, 2010, the federal finance minister, the Honourable Jim Flaherty, released the 2010 federal Budget. The Budget continues to emphasize and build on last year's economic action plan with a focus on creating jobs and growth, sustaining Canada's economic advantages and planning a return to a balanced budget.
  • Canada Moves to Eliminate Tax and Simplify Tax Treatment of Exits
    March 05, 2010
    There was a change announced in the March 4, 2010, Canadian federal budget that will be quite beneficial for many private equity investors participating in the Canadian private company market.
  • When Contractors are Considered Employees
    February 24, 2010
    The decision in McKee v. Reid's Heritage Homes Ltd. sends a chilling message to employers who have long term relationships with independent contractors and believe therefore those contractors are not entitled to severance payments of any magnitude.
  • Competition Commissioner Requires Asset Divestitures for Merger Clearance
    February 08, 2010
    On January 25, 2010, Canada's Competition Bureau announced that the Commissioner of Competition had reached an agreement with Ticketmaster Entertainment, Inc. and Live Nation, Inc. that resolved concerns that their merger would prevent competition substantially in the ticketing services market in Canada.
  • Who has the Say on Pay?
    February 03, 2010
    Recent high-profile corporate insolvencies and bailouts, particularly in the United States, have drawn international attention to the executive compensation practices of publicly traded companies.
  • Khadr v. Canada: The Supreme Court Balances Charter Rights and Crown Prerogative
    February 03, 2010
    On January 29, 2010, the Supreme Court of Canada released its much-anticipated decision in Khadr v. Canada (Prime Minister), 2010 SCC 3. Though the Federal Court and the Federal Court of Appeal ordered the federal government to request Omar Khadr's repatriation as a remedy for breaching his section 7 Charter rights, the Supreme Court declined to go so far.
  • Indian Property - Lien and Seizure Restrictions
    January 28, 2010
    Aboriginal groups have become much more active in the commercial mainstream in recent years, taking significant roles in joint ventures and other commercial arrangements. Much of this activity in Western Canada has been driven by the abundant energy related opportunities on or near reserve lands. In many cases, creative financing and structuring for the participation of the aboriginal group in the venture is required. Whether the venture involves a loan to the aboriginal group, a development on reserve lands or other business undertaking in which security is being taken over property of such aboriginal group located on reserve lands, the impact of restrictions on seizure and execution against Indian property under the Indian Act (Canada) must be examined. This article does not apply to any grant, lease, permit, licence or other disposition respecting oil and gas in Indian lands which are governed by the Indian Oil and Gas Act (Canada) and related regulations. Note that the terms Indian, band and reserve used below are as defined in the Indian Act. Originally Published inn Energy Update.
  • Removing Roadblocks: A Legislative Solution
    January 28, 2010
    Land disputes associated with oil and gas development may give rise to roadblocks or other forms of protest in an attempt to impede access by oil and gas and other resource companies to those lands. The Alberta government has enacted legislative provisions that may assist in providing a remedy to those who find their use of public roads to access well sites or other facilities hindered by such protest. Originally published in Energy Update.
  • Are Administrative Tribunals Required to Rule on the Crown's Aboriginal Consultation Duties?
    January 28, 2010
    The National Energy Board (NEB), in its quasi-judicial function, does not owe a fiduciary duty to aboriginal parties (Québec (Attorney General) v. Canada (National Energy Board), [1994] 1 S.C.R. 159). The NEB is not the Crown nor its agent. On October 23, 2009, the Federal Court of Appeal confirmed that the NEB does not itself owe a duty of consultation to aboriginal communities affected by applications before it. The Court also clarified that the NEB, when considering the merits of an application, is not required to determine whether a Crown duty of consultation exists in respect of the proposed project, or whether such a duty has been discharged: Standing Buffalo Dakota First Nation v. Enbridge Pipelines Inc., 2009 FCA 308. Originally published in Energy Update.
  • Energy Development in British Columbia versus Alberta: Comparing Aboriginal Consultation Processes
    January 28, 2010
    Differing legal bases for the principal oil and gas regulators in B.C. versus Alberta result in divergent approaches to aboriginal consultation, with practical implications for developers. This article reviews the bases for these differences and the consultation implications for energy companies. Originally published in Energy Update.
  • MiningWatch Client Summary – Supreme Court of Canada
    January 25, 2010
    The Supreme Court of Canada released its judgment in MiningWatch Canada v. Canada (Fisheries and Oceans), 2010 SCC 2, on January 21, 2010, establishing significant new authority in respect of environmental assessments under the Canadian Environmental Assessment Act.
  • Silver v. IMAX: Round One to the Plaintiffs in a Secondary Market Misrepresentation Claim
    January 19, 2010
    Before a plaintiff can commence a claim under Part XXIII.1 of the Securities Act (Ontario) or Part 17.01 of the Alberta Securities Act for misrepresentations made in secondary market disclosures, he or she must obtain leave of the Court. This leave requirement was originally touted as an important safeguard against frivolous actions and represented an effort to avoid a litany of class actions being launched every time a company restates its financial statements.
  • Quebec Seeks to Counter Aggressive Tax Planning
    January 11, 2010
    On October 15, 2009, the Québec Minister of Finance announced the implementation of new measures designed to counter perceived aggressive tax planning by changing the risk/reward ratio for taxpayers. These changes could be significant to all Canadian taxpayers who have a permanent establishment or carry on business in Québec and to advisors who promote tax plans in Québec.
  • Alberta's Electricity Transmission Debate – An Update on Bill 50
    January 04, 2010
    On November 25, 2009, Bill 50, the Electric Statutes Amendment Act, 2009, was passed (as amended) by the Alberta Legislature. The bill amends three existing pieces of legislation: the Alberta Utilities Commission Act, the Electric Utilities Act and the Hydro and Electric Energy Act.
  • 2010 Bennett Jones Business Forecast
    December 15, 2009
    As the Canadian economy slowly recovers, Bennett Jones provides its predictions of trends that will influence Canadian business in 2010.
  • Implementing an Income Trust Conversion
    December 01, 2009
    The mechanics and documentation required to convert an income trust to a corporation will vary depending upon whether the exchange method or distribution method is used to effect the conversion, as well as upon the structure of the income trust and its subsidiary entities and the terms of relevant contracts and other documents.
  • Federal Auditor General's Report on Canada Health Infoway
    November 27, 2009
    The Auditor General's Fall 2009 Report, released November 3, 2009, included at Chapter 4 a detailed review of the operations of Canada Health Infoway. Infoway, tasked to deploy $1.6 billion of federal funding to encourage and enhance the prospects of a modernization of health records in Canada, received passing grades.
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