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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...

 

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...

 

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...

 

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...

 

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...

 

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...

 

HTMLOntario Court Affirms Crown’s Delegation of Consultation to Proponent under Mining Act
Stephanie Axmann, Geoff R. Hall; McCarthy Tétrault LLP;
Legal Alert/Article
September 12, 2014, previously published on September 9, 2014
On August 28, 2014, in Wabauskang First Nation v. Minister of Northern Development and Mines (Wabauskang), the Ontario Divisional Court (Court) dismissed a judicial review application brought by Wabauskang First Nation (WFN) against the Ontario Ministry of Northern Development and Mines (Ministry)...

 

HTMLGOOD FAITH BARGAINING? Recent Decision Implies a Duty to Negotiate in Good Faith
Matthew Cumming, Shane C. D'Souza; McCarthy Tétrault LLP;
Legal Alert/Article
September 12, 2014, previously published on September 2, 2014
A duty to negotiate in good faith appears to run counter to the adversarial nature of bargaining. However, parties may have a duty to negotiate in good faith according to the recent decision in SCM Insurance Services Inc. v. Medisys Corporate Health LP, 2014 ONSC 2632, where the Ontario Superior...

 

HTMLAugusta/HudBay - B.C. Securities Commission Policy Remains Unchanged
Saqib Butt, Matthew Cumming; McCarthy Tétrault LLP;
Legal Alert/Article
September 12, 2014, previously published on September 8, 2014
Over the summer, the British Columbia Securities Commission (BCSC) issued reasons for its previous decision that allowed Augusta Resource Corporation (Augusta) to maintain its shareholder rights plan after a hostile bid was made by HudBay Minerals Inc. (HudBay). The BCSC permitted Augusta’s...

 

HTMLHow to Review a SIPP
Lorraine Allard; McCarthy Tétrault LLP;
Legal Alert/Article
September 12, 2014, previously published on September 4, 2014
A Statement of Investment Policies and Procedures (SIPP) is a legal document that is required by law to be developed and adopted for each registered pension plan. This is so regardless of the nature and degree of complexity of the plan. The SIPP must contain the prescribed information, must be...

 


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