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HTMLCETA Will Create a Two-Tiered System for Investment Canada Act Reviews
Oliver J. Borgers, John W. Boscariol, Robert A. Glasgow, Shea T. Small; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 23, 2014
The text of the Canada and European Union (EU) Comprehensive Economic and Trade Agreement (CETA) is due to be released soon, but it remains to be seen if the Canadian government will clarify which countries, in addition to those in the EU, will benefit from the higher $1.5-billion threshold for...

 

HTMLOntario Court Certifies Franchise Encroachment Claim as Class Action
Sarit E. Batner, Helen Fotinos, Adam Ship, Thomas N.T. Sutton, Tyler Wentzell; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 15, 2014
The Ontario Superior Court of Justice recently certified a class action by dealers of a home furnishings company in 1291079 Ontario Limited v. Sears Canada Inc.

 

HTMLFederal Government Announces Amendments to the Pension Benefits Standards Regulations
Lorraine Allard, Mark Firman; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 22, 2014
On September 19, 2014, the federal Department of Finance announced the third tranche of proposed amendments (Proposals) to the Pension Benefits Standards Regulations (PBSR). The Proposals support amendments to the Pension Benefits Standards Act, 1985 (Canada) (PBSA) that were passed in 2010 but are...

 

HTMLBitcoin Accepted Here? Funding M&A Transactions by Way of Bitcoin
Ana Badour; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 15, 2014
There is no denying the increasing popularity and notoriety of the virtual currency Bitcoin. Bitcoin market capitalization currently stands in the billions of dollars, with over 13 million Bitcoins having been mined and made available for circulation. An increasing number of merchants, including...

 

HTMLLeveraging Crowdfunding: Adopting the Model at the Enterprise Level
Blake Jones, Andrew Parker, Omar Soliman; McCarthy Tétrault LLP;
Legal Alert/Article
September 25, 2014, previously published on September 17, 2014
As noted in earlier blog posts, the Ontario Securities Commission (“OSC”) initiated a consultation process in March 2014 on a proposed capital raising prospectus exemption aimed specifically at crowdfunded equity offerings (the “Crowdfunding Exemption”). This proposed...

 

HTMLNew Building Bylaw: No More Door Knobs
Conrad Rego; McCarthy Tétrault LLP;
Legal Alert/Article
September 18, 2014, previously published on September 15, 2014
In September, 2013, Vancouver City Council approved a new 2014 City of Vancouver Building Bylaw. According to the City, the 2014 Building Bylaw 10908, which covers detached houses and low-rise residential buildings, brings about changes to the current Building Bylaw 9419 to support housing for...

 

HTMLFive Advantages of Contracting Out Disability Claims Management
Melissa Kennedy; McCarthy Tetrault LLP;
Legal Alert/Article
September 18, 2014, previously published on September 2, 2014
Illness related absences can significantly impact an organization’s productivity and be quite costly as a result. In 2011, Canadians took an average of 9.3 sick days, costing the economy approximately $16.6 billion. Accordingly, it is important that short and long term disability claims be...

 

HTMLSuperintendent of Real Estate Publishes Amended Policy Statements pursuant to Real Estate Development Marketing Act (British Columbia)
Craig Shirreff; McCarthy Tétrault LLP;
Legal Alert/Article
September 18, 2014, previously published on September 8, 2014
On May 29, 2014, a number of important amendments to the Real Estate Development Marketing Act (REDMA) became effective. Scott Smythe and Jennifer Hayes have both commented on these amendments in previous blog posts (see http://www.canadianrealpropertylawblog.com/2014/03/redma-revisited/ and...

 

HTMLRegistration Exemption Available for Southbound Advice of SEC-Registered Advisers Based in Ontario
Cristian O. Blidariu, Rene R. Sorell; McCarthy Tétrault LLP;
Legal Alert/Article
September 18, 2014, previously published on September 10, 2014
The Ontario Securities Commission (OSC) has recently granted a five year exemption from Ontario registration requirements to an SEC-registered adviser operating from Ontario with an exclusively US client base. Kalenjin Advisory Ltd. (Kalenjin) and its Ontario-resident advising representative...

 

HTMLWhat Happens When OSC Staff Can’t Prove Its Allegations? Lessons from the Baffinland Insider Trading Saga
Shane C. D'Souza, Andrew Matheson, Shea T. Small, Rene R. Sorell; McCarthy Tétrault LLP;
Legal Alert/Article
September 18, 2014, previously published on September 2, 2014
Securities regulators pursuing allegations of insider trading typically allege not only that respondents have violated the statute but also that their conduct is contrary to the public interest. When a regulator fails to demonstrate a violation of the statute, what are the limits on using the...

 


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