On December 9, 2008, Canada and the European Union successfully concluded negotiations on a landmark Comprehensive Air Transport Agreement (“the Agreement”).

On June 5, 2008, in “Bouchard c. Syndicat des salariées et salariés de General Dynamics (CSN) usine de St-Augustin,”1 the Court of Québec allowed in part an action for $50,000 in damages brought against the Syndicat des salariées et salariés de General Dynamics (CSN) usine de St-Augustin (the “union”), ordering the union to pay $10,000 in moral and exemplary damages for intentional injury to the plaintiff’s reputation, dignity and honour.

The Quebec Superior Court, in a decision rendered in Canadian Royalties Inc. v. Nearctic Nickel Mines Inc. on September 22, 2010, confirmed a consensual arbitrator's ability to order specific performance of contracts.

Continuing the recently stepped-up pace of enforcement actions at the Competition Bureau, the Commissioner of Competition filed a notice of application with the Competition Tribunal on January 24, 2011 seeking to undo the acquisition of a secure landfill site in northeastern British Columbia.

Productivity gains can be achieved through corporate social responsibility activities, particularly when it comes to anticipating government action.

The Canadian Securities Administrators ("CSA") recently published for public comment proposed amendments to Form 51-102F6 – "Statement of Executive Compensation" and consequential amendments to Form 58-101F1 – "Corporate Governance Disclosure" and Form 58-101F2 – "Corporate Governance Disclosure (Venture Issuers)" (collectively the "Proposed Amendments").

Executives often underestimate the value of their marketing tools when assessing their company's worth. Indeed, the brand under which a company's products or services are offered is often overlooked by the company in favour of the products or services themselves.

Canada continues to promote innovation in green technologies, with the Canadian Intellectual Property Office (CIPO) recently proposing amendments to the Patent Rules to accelerate the examination of green technology patent applications.

In the recent Speech from the Throne on November 19, 2008, entitled “Protecting Canada’s Future”, the Canadian government outlined its plans to amend Canada’s competition and investment laws.

The Canadian Intellectual Property Office (CIPO) has entered into agreements with the Japan Patent Office (JPO), the Danish Patent and Trademark Office (DKPTO) and the Korean Intellectual Property Office (KIPO) to launch two-year pilot programs that will allow for accelerated examination under the Patent Prosecution Highway (PPH).

Amendments to section 28 of the Patent Rules governing accelerated examination came into force on March 3, 2011.

On March 23, 2007, the Competition Tribunal rendered a decision concerning the supply of (or refusal to supply) brand name wares to department stores. In a nutshell, the Tribunal refused to grant Sears Canada Inc. leave to commence a private application to compel Parfums Christian Dior Canada Inc. and Parfums Givenchy Canada Ltd.

The Quebec Justice Minister has tabled Bill 99, “An Act to amend the Code of Civil Procedure to prevent abusive use of the courts and promote freedom of expression and citizen participation in public debate” (the “Bill”).

Following on the heels of leave to appeal being denied in IMAX, a second case has been granted leave to pursue secondary market misrepresentation claims under Part XXIII.1 of the Ontario Securities Act ("OSA") and has been certified as a class action for common law and statutory misrepresentation claims: Dobbie v. Arctic Glacier Income Fund.

Companies involved in the commercial import/export, brokerage, carrier or warehouse business may be aware of the Penalty Reduction Agreement policy of the Canada Border Services Agency ("CBSA").

The Competition Bureau recently released a number of policy documents designed to increase transparency in its review processes and provide greater clarity to stakeholders.

Section 26 of the Ontario "Human Rights Code" states that it is a "...condition of every contract entered into by or on behalf of the Crown or any agency thereof and of every subcontract entered into in the performance thereof that..." there be no discrimination in employment (as prohibited by section 5 of the Code) "...in the course of performing the contract."

As Facebook's popularity continues to grow, so too do the consequences of its misuse by employees. This is highlighted by two recent arbitral decisions in which terminations were upheld on the basis of content posted on Facebook by employees while off-duty.

The end of the year is upon us once again and employees across the country may be drawing names for office gift exchanges and receiving invitations to staff holiday parties. But as the holiday cheer begins to flow, employers face a number of concerns that can be addressed with some extra planning.

Debtor-in-possession financing (“DIP financing”), which is new short-term financing obtained by an insolvent company after the commencement of an insolvency proceeding, is a recurring theme for two primary reasons.