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On December 15, 2005 the Ontario Court of Appeal released its reasons in Kerr v. Danier Leather Inc ("Danier Leather") reversing the trial judge’s award of approximately $15 million in damages to investors who alleged that Danier misrepresented material facts in its prospectus related to its fourth quarter forecast.

In response, the tenant commenced an application for relief from forfeiture.

The Canadian provinces, including those of Ontario, Alberta, Quebec and most recently, British Columbia, have enacted amendments to their respective Securities Acts to create civil liability for misrepresentation in disclosure documents and public oral statements together with failure to provide timely disclosure of material changes.

After significant lobbying by the real estate industry, in the stated effort to "enhance the flexibility of newcomers and businesses looking to add to Canada's housing supply", the Honourable Ahmed Hussen...

Literature is filled with instances when the characters are transported into a very different world where the "rules" are suddenly very different.

On April 24, 2020, Prime Minister Justin Trudeau announced the Canada Emergency Commercial Rent Assistance program.

When a lender, be they a large bank or a private individual, lends money to someone they will, in most cases, require security for that loan.

There is no one-size-fits-all approach to the scope and level of scrutiny a mortgage lender brings to a lease review.

A recent decision of the Supreme Court of British Columbia, released May 23, 2012, has held that under the Real Estate Development Marketing Act ("REDMA"), purchasers may have the right to rescind their contract, even after their sale has been completed and title has passed to the purchaser.

Assuming a mortgage loan in a real estate transaction can preserve favorable financing terms and avoid new loan costs, but the process involves critical considerations beyond simply taking over payments.

Judge throws out reimbursement bid over losses

In a recent client bulletin, we noted that on February 10, 2012, the securities authorities of Ontario, Québec, New Brunswick and Newfoundland and Labrador (collectively the "Instrument Jurisdictions") published a request for comments in relation to proposed Multilateral Instrument 32-102 Registration Exemptions for Non-Resident Investment Fund Managers and Companion Policy 32-102CP (collectively, "MI 32-102").

Canadian securities regulators are expected to publish the final version of National Instrument 81-107 Independent Review Committees for Investment Funds later this summer. Assuming this timing is met, managers of investment funds that are reporting issuers, including mutual funds, closed-end funds, exchange–traded funds and scholarship plans, will be required to establish an independent review committee for those investment funds by mid-2007 (or within 6 months of the rule becoming effective).

The Quebec Court of Appeal has decided that the proposed privatization of BCE Inc. is not fair and reasonable to Bell Canada bondholders. The Court’s decision has potential implications for the process company directors must follow in making decisions about significant corporate transactions.

On May 6, 2016, the Supreme Court of Canada ("SCC") released its decision in Krayzel Corporation v The Equitable Trust Company. The case was an appeal from the Alberta Court of Appeal.

Market expectations are that the equity-related products in 2013 will benefit from signs of recovery in the U.S. and globally.

On April 13, 2012, the Canadian Securities Administrators Derivatives Committee (the "Committee") released Consultation Paper 91-405 on end-user exemption ("Consultation Paper 91-405")

Cross-border transactions are now commonplace. One of the issues often raised in these transactions is where to register a security interest in the collateral of the debtor.