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  • Article

    Duty To Consult Is Not Triggered During Legislative Process

    On December 7, 2016, the Federal Court of Appeal released its Reasons for Judgment regarding whether the Crown's duty to consult is triggered at the legislative development stage in Canada...
    CanadaGovernment, Public Sector
    Gowling WLG
    Gowling WLG
  • Article

    Canada Signs Bilateral Investment Treaty with Peru - India and China Are Next

    On November 14, 2006, Canada and Peru signed a bilateral investment treaty (BIT), otherwise referred to as a Foreign Investment Protection and Promotion Agreement (FIPA). This is Canada’s first BIT to be negotiated in eight years and the first BIT to be based on Canada’s new 2004 Model FIPA. This will bring the number of BITs Canada has with developing and newly industrialized countries to a total of 22.
    CanadaGovernment, Public Sector
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Navigating Through eDiscovery Challenges In The Hybrid Workplace

    A guide to defensible collection and preservation of ESI in today's distributed workforce.
    CanadaCompliance
    Ricoh Canada
    Ricoh Canada
  • Article

    Avoiding the Pitfalls – Application of Extra-Territorial U.S. Laws to Canadian Businesses

    The consequences of being subject to U.S. laws and the U.S. legal system – including its features of litigation, jury trials and high damage awards – can place a Canadian company unwittingly into a high stakes legal battle in the United States.
    CanadaInternational Law
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Ontario Releases Framework For Private Retail Cannabis Sales

    With less than three weeks before cannabis becomes legal for adult use in Canada, Ontario has finally tabled its approach to retail distribution.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Chairperson Rejects Slap On The Wrist In Plea-Bargain Agreement: The LAC's Decision In SAPS v BF Mkonto And Others

    Plea-bargain agreements form an integral part of our criminal justice system as they aide the amicable resolution of criminal cases. These agreements are not foreign in labour matters...
    CanadaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Article

    Draft Regulations Introduced To Enforce The Accessibility For Manitobans Act

    The Manitoba government has released draft regulations that would, for the first time, introduce a formal enforcement and penalty regime under The Accessibility for Manitobans Act (AMA).
    CanadaGovernment, Public Sector
    Taylor McCaffrey
    Taylor McCaffrey
  • Article

    Alberta Asks Private Sector To Build New Refinery

    On December 11, 2018, the Alberta government issued an Expression of Interest (EOI) to determine private sector interest in building or expanding a refinery in Alberta to use more Alberta heavy oil.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Here's The Drill: R. v. Sudbury Wrap-Up: Essential Takeaways For Construction Stakeholders

    The Ontario Court of Appeal has recently issued what appears to be a final decision in the R. v. Sudbury saga; an important line of cases shaping how industry stakeholders understand their health and safety obligations on construction projects in Ontario
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    IP Monitor - Don't Be Afraid! Our Guide To The IP Tricks And Treats In A Hallowe'en Budget Bill

    The federal government's recent omnibus budget bill, Bill C-86 tabled October 29, proposes significant changes to Canada's IP laws.
    CanadaIntellectual Property
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Climate Change Regulatory Update – The Feds Double Down On Carbon Pricing

    On October 23, 2018, the Government of Canada announced the next steps in its climate action plan and reaffirmed its commitment to apply a federal carbon pricing system (the "Federal Backstop")...
    CanadaEnvironment
    Gowling WLG
    Gowling WLG
  • Article

    Class Action And Mass Torts Are Effective Tools In Personal Injury Cases

    In a perfect world, all those who have been harmed due to the negligence of others would receive justice. Unfortunately, that is not always the case and litigation becomes the only path to a solution.
    CanadaLitigation, Mediation & Arbitration
    Gluckstein Lawyers
    Gluckstein Lawyers
  • Article

    Riding the Tsunami: Canadian Marine and Port Security Developments Post 9/11

    Geopolitics has placed transportation at the forefront of public policy in Canada. Transport Minister Tony Valeri has recently stated that his primary objective is to do whatever needs doing to make our transportation system more efficient and more competitive and that one of the key challenges is certainly the security of marine transportation.
    CanadaTransport
    McMillan LLP
    McMillan LLP
  • Article

    AMPS: Six Month Review Results In Improvements To Canada’s Customs Penalty Regime

    Importers, brokers, carriers and warehouse operators have been subject to administrative monetary penalties (AMPS) for infractions of customs legislation and regulations, since October 7, 2002. AMPS imposes monetary penalties in proportion to the type, frequency, and severity of the infraction.
    CanadaCorporate/Commercial Law
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    What Are We Waiting For? A Cautionary Endorsement On Timing, Process, And Priority Of Lien Claims Caught In An Insolvency

    In a recent endorsement concerning lien claims in receivership proceedings, the court offers a nuanced and pragmatic message for construction stakeholders, insolvency practitioners, and receivers.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    The WTO Rules on Genetically Modified Organisms

    recent World Trade Organization (WTO) interim ruling on the regulation of genetically modified organisms (GMOs), EC-Measures Affecting the Approval and Marketing of Biotech Products, will be of significant interest to companies operating in the food and agricultural sectors.
    CanadaInternational Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    ICSID At A Crossroads

    Resolving commercial disputes efficiently is vital in the modern business world. Until relatively recently, the burden of doing so fell on those national court systems that seemed to capture the bulk of such disputes. But economic liberalisation and technological change have been altering the global economy. In particular, business has responded to the fall of trade barriers by expanding abroad and forging cross-border partnerships and joint ventures of every description.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    Suing The Provincial Crown In The Federal Court: The Federal Court Of Appeal Upholds Attornment Clause In First Nations Settlement Agreement Against Saskatchewan

    Both the Framework Agreement and the PFN Settlement Agreement provide that disputes arising under them shall be within the exclusive jurisdiction of the Federal Court.
    CanadaGovernment, Public Sector
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Ex Parte Redux - Justice Hughes Revisits Without Notice Injunctions in Copyright Cases

    Netbored Inc. v. Avery Holdings Inc. et al., the Federal Court confirmed that ex parte injunctions and Anton Piller orders are only to be granted in exceptional cases and that a party seeking such an order must make "full and frank" disclosure to the Judge hearing the application for the order
    CanadaIntellectual Property
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Conflit d'intérêts dans l'administration d'une succession : ce que l'affaire Virdi Estate (Re) enseigne aux exécuteurs testamentaires

    Lorsque dynamique familiale et administration de succession s'entrechoquent, les conséquences peuvent être complexes, tant sur le plan émotionnel que juridique.
    CanadaLitigation, Mediation & Arbitration
    Miller Thomson
    Miller Thomson

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