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  • Article

    OSFI Issues Final Guideline E-4 Impacting Foreign Entity Branches To Be Implemented By January, 2022

    On June 28, 2021, the Office of the Superintendent of Financial Institutions (OSFI) issued the final version of Guideline E-4: Foreign Entities Operating in Canada on a Branch Basis ("Guideline E-4").
    CanadaFinance and Banking
    McMillan LLP
    McMillan LLP
  • Article

    The New Limitations Act - Its Impact Upon Demand Obligations

    The new Ontario Limitations Act, 2002 (the Act), which came into effect in January 2004, reduces the limitation period for actions from six years to two years, subject only to specific exceptions.
    CanadaFinance and Banking
    McMillan LLP
McMillan LLP
  • Article

    Canadian Government Expands National Security Guidance

    The changes, which emphasize additional areas of potential national security concern, likely reflect the government's recent experiences in reviewing investments in these areas.
    CanadaGovernment, Public Sector
    McMillan LLP
    McMillan LLP
  • Article

    Preferential Payments: Commercial Imperative Or Creditor Pressure?

    In the recent decision of the Alberta Court of Appeal in Orion Industries Ltd. (Trustee of) v Neil's General Contracting Ltd.1 ("Orion Industries") the Court interpreted and applied the rule added as part of the 2009 amendments to section 95(2) of the Bankruptcy and Insolvency Act ("BIA") which deals with preferential payments.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McMillan LLP
    McMillan LLP
  • Article

    Industry Healthcheck: Current Landscape

    Insurers in Canada are required to implement a system of enterprisewide risk management that identifies the inherent risks in their activities and manages those risks to appropriately defined levels.
    CanadaInsurance
    McMillan LLP
    McMillan LLP
  • Article

    COVID-19: Accelerated Examination Of Patent Applications For Small Entities

    On July 7, 2020, the Canadian Intellectual Property Office announced a pilot process to accelerate the examination of Canadian patent applications describing technologies related to medical...
    CanadaIntellectual Property
    McMillan LLP
    McMillan LLP
  • Article

    Data/Privacy Breaches On The Rise – Is Your Business Prepared?

    The Federal and Alberta Privacy Commissioners issued a joint finding last month which concludes that the data/privacy breach that hit Winners and HomeSense earlier this year was both foreseeable and preventable.
    CanadaIntellectual Property
    McMillan LLP
    McMillan LLP
  • Article

    Trade-Mark Owners Be Vigilant - ICANN To Publish List Of Proposed New gTLDs

    Be alert trade-mark owners! The Internet Corporation for Assigned Names and Numbers ("ICANN") will soon publish a list of all of the proposed new generic Top Level Domains ("gTLDs") and the names of the organizations that have applied for them.
    CanadaIntellectual Property
    McMillan LLP
    McMillan LLP
  • Article

    Surprise! The Impact Of Transfer Price Adjustments On Canadian Customs Valuation And Compliance

    Did you know that an importer may be required to amend its customs filings to reflect transfer price adjustments to import prices made for income tax purposes by a parent or other related company?
    CanadaInternational Law
    McMillan LLP
    McMillan LLP
  • Article

    Certainty Of Contract Prevails: Trial Judge Erred In Enforcing An Implied Contractual Term

    It should not come as a surprise to anyone that the terms of a contract matter. Courts, however, are sometimes inclined to base the obligations of contracting parties on what the court perceives to be "reasonable" or "fair" rather than on what the terms of the contract actually say.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    Company's Financial Statements Capable Of Confirming Causes Of Action Under The Limitation Act

    British Columbia companies should be aware that the financial statements of a business are capable of confirming a creditor's cause of action and extending the expiration of the limitation period for the creditor to commence an action under the Limitation Act.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    Free Speech On Trial: Significant Damages Awarded Against YouTuber Liable In Defamation

    In the recent decision of I Buy Beauty LLC v. Dong, 2024 BCSC 815, the Supreme Court of British Columbia (the "Court") found a professional YouTuber liable for defamation and awarded $350,000 in damages...
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    How Can You Force Defamatory Web Content To Be Removed?

    New car dealers make their living in a very competitive arena and have to work hard to build their brand.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    Landmark Supreme Court Decision On Summary Judgment: Hryniak V Mauldin

    On January 24th, 2014, the Supreme Court released its much anticipated decision in Hryniak v Mauldin.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    No Excuses: Court Affirms That Defences To Claims For Payment For Dishonoured Cheques Are Limited

    The recent decision of the Ontario Superior Court of Justice reinforces that handing over a cheque to pay for services amounts to an irrevocable promise to pay for those services.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    Special Relationships May Not Be So Special

    The Ontario Court of Appeal's decision in "Krawchuk v Scherbak" provides a helpful reminder of how the elements of a claim for negligent misrepresentation are established.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    When "Private" Isn't Private: Discovery In The Age Of Facebook

    Parties to litigation cannot hide behind Facebook privacy controls during the discovery process according to a recent decision of the British Columbia Supreme Court.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    How To Identify The Proper Use Under Municipal By-Laws: Recap Of Applicable Guidelines

    A recent decision of the Quebec Court of Appeal[1] revisits certain guidelines for linking the activities carried out on a given site with a use class under municipal by-laws.
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    The Timely Exercise Of Lease Renewal Rights

    The Landlord and the Tenant had many discussions about renewing the Lease beginning in July, 2014.
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    New Government's First Round Of Tax Changes Introduced In Parliament

    New federal Finance Minister Bill Morneau has introduced a Notice of Ways and Means Motion in the House of Commons.
    CanadaTax
    McMillan LLP
    McMillan LLP
  • Showing 921–940 of 3560 results

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