• International Trade Update - March 2009
    March 04, 2009
    In order to ensure our clients are kept up-to-date, Bennett Jones' International Trade and Investment Group has prepared an update featuring recent trade and investment related occurrences.
  • Real Estate Fraud and Powers of Attorney
    March 03, 2009
    When a real estate transaction is contemplated using a power of attorney, there should be a presumption that fraud is likely. At the first suggestion of the existence or requirement for a power of attorney, the client must be put on notice and the transaction ceases to be a typical conveyance.
  • Alert on Alberta Solvency Funding Relief
    February 25, 2009
    The Alberta government has finalized the regulatory amendments supporting its temporary solvency funding relief package. This relief is available to sponsors of Alberta-registered pension plans filing actuarial valuations with a review date between September 1, 2008, and December 31, 2009. The provisions are amongst the most extensive provided by any Canadian government in response to the precipitous market declines of late 2008/early 2009.
  • The Green Energy and Green Economy Act, 2009
    February 25, 2009
    On February 23, 2009, the Hon. George Smitherman, Ontario's Deputy Premier and Minister of Energy and Infrastructure, introduced Bill 150, the Green Energy and Green Economy Act, 2009 (GEA). The GEA is a sweeping piece of legislation which will involve the amendment of at least 15 existing provincial statutes.
  • Reducing Labour Costs in Tough Times
    February 19, 2009
    The credit crisis and the recent downturn in the economy means many businesses are facing an economic squeeze that leads them to look for ways to save money, including reducing labour costs. But no one wants to terminate valued employees. This update provides some practical suggestions that may reduce costs in respect of active employees and if it is necessary to terminate, we suggest certain cost minimization strategies.
  • Canadian Budget Implementation Bill Includes Foreign Investment and Competition Amendments
    February 10, 2009
    On February 6, 2009, the Canadian government introduced Bill C-10, An Act to implement certain provisions of the budget tabled in Parliament. Bill C-10 includes several significant amendments to the Competition Act and Investment Canada Act which are generally consistent with the recommendations to the Government of Canada in the Competition Policy Review Panel's June 2008 report, Compete to Win, released in June 2008.
  • Wanted: Leadership on Trade
    February 07, 2009
    Less than three weeks into his presidency, Barack Obama has been faced with the first serious test of his commitment to tackle America's important challenges head on: The overtly protectionist "Buy American" provisions inserted into the U.S. stimulus bill by Congress threaten to trigger a wave of retaliation by America's trading partners, with potentially disastrous results for the global economy. Originally published in the National Post on February 7, 2009.
  • New Rules for Disclosure of Executive Compensation
    February 06, 2009
    The Canadian Securities Administrators (CSA) have established new rules regarding executive compensation disclosure, which revokes and replaces the old form for executive compensation found in Form 51-102F6 to National Instrument 51-102.
  • International Trade Update - February 2009
    February 05, 2009
    In order to ensure our clients are kept up-to-date, Bennett Jones' International Trade and Investment Group has prepared an update featuring recent trade and investment related occurrences.
  • Let's Get the Border Working Again
    January 27, 2009
    The U.S.-Canada International Boundary Commission marks its centennial this year. For the past 100 years the commission's primary responsibility has been to keep the “boundary vista... entirely free of obstruction and in proper condition.” Today, the U.S.-Canada border is no longer unobstructed and its condition is less than proper. Originally published in the Ottawa Citizen on January 27, 2009.
  • Canada and Europe to Launch Free Trade Negotiations
    January 15, 2009
    The Canadian government has initiated preliminary consultations with businesses and other stakeholders with regard to areas of potential interest to be pursued in free trade negotiations with the European Union (EU). This negotiation is potentially the most significant development in Canada's international trade relations since the North American Free Trade Agreement (NAFTA) came into force in 1994.
  • SCC Grants Leave to Appeal in MiningWatch Canada v. DFO
    January 14, 2009
    On December 18, 2008, Supreme Court of Canada (SCC) Justices Abella, Binnie and Deschamps granted to MiningWatch Canada (an environmental advocacy group) leave to appeal a decision of the Federal Court of Appeal. The SCC's ruling in this case will likely have implications for projects that trigger Canadian Environmental Assessment Act (CEAA) environmental assessments, particularly where the proposed project is primarily approved under provincial laws.
  • Fifth Protocol to the Canada-U.S. Tax Treaty Enters into Force
    December 22, 2008
    On December 15, 2008, Canadian and U.S. authorities announced the entry into force of the Fifth Protocol to the Canada-U.S. Tax Treaty. The Treaty changes included in the Protocol have various effective dates. Fifth Protocol to the Canada-U.S. Tax Treaty Enters into Force summarizes a number of the more significant Treaty changes and provides the effective dates of these changes.
  • Pension Expert Reports Released: A Comparative Review
    December 19, 2008
    In recent weeks, two much-anticipated expert reports on the state of pension legislation have been released. The November 20, 2008, release of the report of the Ontario Expert Commission on Pensions, entitled A Fine Balance: Safe Pensions, Affordable Plans, Fair Rules, followed a week after the Joint Expert Panel on Pension Standards submitted its report to the Alberta and B.C. governments.
  • Bennett Jones Business Forecast 2009
    December 17, 2008
    As the New Year approaches, Bennett Jones provides its forecast for Canadian business in 2009.
  • The Current Market Volatility and Your Company Pension Plan
    November 21, 2008
    With evidence that the value of pension fund assets have declined significantly in recent months, many companies that sponsor a pension plan are assessing their legal and fiduciary obligations. This article highlights the applicable legal requirements, and some suggested responses to a number of issues. Plan administrators – and their pension committees – will want to consider these issues carefully and document their deliberations in response to the current market turbulence.
  • Hedging Risk: Avoiding Legal and Regulatory Risk for Investment Advisors
    November 13, 2008
    A successful investment advisor is skilled at managing risk for clients who participate in the public markets. However, even successful IAs have ignored, to their peril, the risks that regulators and courts present to their business. In Hedging Risk: Avoiding Legal and Regulatory Risk for Investment Advisors, James J. Heelan, Q.C., highlights common mistakes made by IAs and provides tips to help them take stock of how well they are living up to their legal and regulatory obligations.
  • MiningWatch Applying for Leave to Appeal
    October 21, 2008
    MiningWatch Canada is applying for leave to appeal to the Supreme Court of Canada a ruling of the Federal Court of Appeal about the application of the Canadian Environmental Assessment Act to a proposed gold and copper mine in northwestern British Columbia.
  • Licensees Beware: A Licensee's Risk in the Insolvency of the Licensor
    October 16, 2008
    With technology licenses so prevalent today, a licensee is well advised to consider the ramifications that the insolvency of their licensor may have. With the recent decision in Royal Bank of Canada v. Body Blue Inc., some judicial guidance is now available related to what may happen to a license for intellectual property rights in an insolvency proceeding in Canada.
  • Federal Lobbying Act Rules for Post-Election Corporate Lobbying
    October 15, 2008
    Another minority Parliament in Ottawa combined with the implications of the international financial situation will undoubtedly give rise to new policy directions on a range of issues. This is a critical time for businesses to review their government relations strategies with regard to economic, regulatory and other policy matters that may affect their interests, as well as to make their views on these matters known to government policy-makers.
  • Supreme Court Clarifies Post-Employment Duties
    October 14, 2008
    In a significant decision clarifying post-employment duties of departing employees, the Supreme Court of Canada held a former manager at RBC Dominion Securities' branch in Cranbrook, British Columbia, personally liable for almost $1.5 million in damages for coordinating the mass departure of RBC's investment advisors to join competitor Merrill Lynch.
  • Climate Change Law Update: Key Federal & Provincial Actions to Address Greenhouse Gas Emissions
    September 29, 2008
    Since our last update in June, there have been several developments in climate change law and policy, with inter-provincial, federal-provincial, and parliamentary tensions mounting over choices relating to which market-oriented policy mix will most efficiently and effectively stimulate the actions necessary to achieve stated goals. This update highlights recent developments, and supplements Bennett Jones' Key Federal & Provincial Actions to Address Greenhouse Gas Emissions.
  • New Income Trust Conversion Rules
    July 28, 2008
    On July 14, 2008, the Minister of Finance released proposed amendments to the Income Tax Act (Canada) which are intended to permit the “conversion” of income trusts into corporations. This article provides a brief overview of the proposed new rules. For the most part, the new rules are to apply to transactions that take place after July 14, 2008, and before 2013.
  • International Commercial Arbitration
    July 15, 2008
    Author, presented at the University of Alberta Executive Development Program for Petroleum Industry Executives.
  • Understanding the Mediation Process
    July 15, 2008
    Author, presented at the University of Alberta Executive Development Program for Petroleum Industry Executives.
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