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  • Article

    Quebec Mining Industry: Regulatory Reform Is Underway

    In February, the government published a draft regulation that will tighten the rules applicable to the financial guarantee that exploration and mining companies are required to provide in connection with the restoration of mining sites.
    CanadaEnergy and Natural Resources
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    Wetland Projects: The Legality Of Certain MDDEFP Requirements Is Confirmed

    On October 18, 2013, the Court of Appeal of Quebec1 reversed the Superior Court of Quebec’s decision2 in the Atocas de l’érable inc. case, quashing directive no. 06-01, used by the ministre du Développement durable, de l’Environnement, de la Faune et des Parcs (Minister of Sustainable Development, Environment, Wildlife and Parks) (the "MDDEFP") requiring promoters to compensate for the loss of wetlands as a condition for the issuance of a certificate of authorization under the Environment Qualit
    CanadaEnvironment
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    Chartis Case

    A discussion on whether a court can compel an insurer to renew a fixed-term contract of insurance with a company that is undergoing liquidation.
    CanadaInsurance
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    Supreme Court of Canada Affirms Federal Court Of Appeal Ruling - ISPs Are Not ?Broadcasting Undertakings? Under The Broadcasting Act

    In a short decision, the Supreme Court of Canada affirmed the Federal Court of Appeal’s ruling that Internet Service Providers ("ISPs") do not carry on "broadcasting undertakings" subject to regulation by the Canadian Radio-television and Telecommunications Commission ("CRTC") under the Broadcasting Act.
    CanadaIntellectual Property
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    Social Networking/Privacy Investigations Continue In Canada – Social Plug-Ins, Friend Suggestions And OBA

    Canadian privacy regulators continue to shape the law relating to privacy and social networking websites.
    CanadaMedia, Telecoms, IT, Entertainment
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    The Oppression Remedy

    A complaint that we often hear from condominium owners is that they feel they are being treated unfairly by the Board. Conversely, many owners or the condominium corporation may feel that the conduct of a single individual is so intolerable that it is oppressive to the community as a whole.
    CanadaReal Estate and Construction
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    The Supreme Court Of Canada Settles The Issue: Quebec Taxpayers May Seek Rectification For Mistakes That Have Unintended Tax Consequences

    On November 28, 2013, the Supreme Court of Canada rendered an important decision recognizing the right of the parties, under Quebec civil law, to rectify an agreement that gave rise to unintended tax consequences, with retroactive effect (Quebec (Agence du Revenu) v. Services Environnementaux AES inc., 2013 SCC 65).
    CanadaTax
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    Second Phase Of The CRM Project: Additional Disclosure Of Charges And Performance Reports

    The first phase of the CRM Project, whose principal requirements have been in force since March 26, 2013, aimed to increase the communication between the client and his dealer or adviser.
    CanadaCorporate/Commercial Law
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    Irving Pulp & Paper Ltd: The Supreme Court Rules On Workplace Drug And Alcohol Testing

    In a recent decision a divided Supreme Court has ruled for the first time on the issue of drug and alcohol testing in unionized workplaces.
    CanadaEmployment and HR
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    Pensions: The Penny Dropped

    The federal government tabled its budget yesterday afternoon. The government will be eliminating the penny. But that is not the only penny that has been dropped.
    CanadaEmployment and HR
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    The Quebec Carbon Market Is In Effect!

    Following a period of uncertainty concerning the implementation of its carbon market, Quebec passed the necessary regulatory measures at the end of 2012.
    CanadaEnvironment
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    New Domains Present Opportunities And New Risks For Trade-Mark Owners

    On the electronic frontier, the domain name space is opening up again. But this opportunity is also a worry for trade-mark owners who want to protect their brands online.
    CanadaIntellectual Property
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    Supreme Court Of Canada Considers Application Of Access To Information Act To New Drug Submissions

    In Merck Frosst Canada Ltd. v. Canada (Health), 2012 SCC 3, the Supreme Court of Canada considered Merck Frosst Canada Ltd.’s ("Merck’s") appeal concerning two requests made under the Access to Information Act (the "ATI Act").
    CanadaIntellectual Property
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    Condo Directors Held Personally Liable For Legal Costs

    The Condominium Act (the "Act") has several provisions (sections 85, 134(5) and 135(3)) which place the financial burden of obtaining compliance orders on those responsible for the non-compliance, thus relieving innocent owners of this financial burden.
    CanadaReal Estate and Construction
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    Supreme Court Of Canada Confirms Corporate Mind And Management Test Applies To Trusts

    The Supreme Court of Canada has confirmed that a trust is resident in the jurisdiction where it makes its management decisions.
    CanadaTax
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    Carrying On Business In Canada - An Overview Of The Canadian Legal And Business Landscape For Investing, And Starting And Operating A Business In Canada

    Carrying on Business in Canada is a general overview of, and introduction to, Canadian legislative and business considerations involving starting and operating a business, and investing in Canada.
    CanadaGovernment, Public Sector
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    Is There A Right To Representation In A Workplace Investigation?

    It is no surprise that emotions can run high during a workplace investigation. Whether the complaint concerns harassment, theft or other alleged misconduct, there is often a tendency for parties to vigorously try to advance their version of events.
    CanadaEmployment and HR
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    Federal Government Announces Adjustments To OSFI’s Annual Assessment

    On October 1, 2011, the Federal Government announced changes to the regulations that govern how the Office of the Superintendent of Financial Institutions (OSFI) recovers costs from the pension industry for the administration of the "Pension Benefits Standards Act, 1985 (PBSA)".
    CanadaEmployment and HR
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    Aboriginal Law – The Crown’s Duty To Consult And The Involvement Of Natural Resources Proponents In The Consultation Process

    A discussion on how far can the Crown delegate its constitutional duty to consult Aboriginal people to proponents.
    CanadaGovernment, Public Sector
    Heenan Blaikie LLP
    Heenan Blaikie LLP
  • Article

    Recent Agreements Between The Government Of Quebec And Aboriginal People

    The Agreement on governance in the Eeyou Istchee James Bay Territory was signed on July 24, 2012.
    CanadaGovernment, Public Sector
    Heenan Blaikie LLP
    Heenan Blaikie LLP

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