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Norton Rose Canada LLP Toronto, ON Document Search Results (43) Show: results per page Sort by:  | Practical Implications of the Supreme Court of Canada’s Decision In (Re) Indalex
Mario J. Forte, Daniel Pearlman; Norton Rose Canada LLP;
Legal Alert/Article February 11, 2013, previously published on February 2013 The Supreme Court of Canada’s decision in (Re) Indalex has changed the landscape for both lenders and borrowers in Canada who sponsor registered defined benefit pension plans. For lenders, carefully drafted loan documentation and effective planning can enhance the protection of a secured...
| | Supreme Court of Canada Restores Super-Priority of DIP Lenders in CCAA Proceedings
Mario J. Forte, Daniel Pearlman; Norton Rose Canada LLP;
Legal Alert/Article February 5, 2013, previously published on February 2013 In (Re) Indalex, the Supreme Court of Canada (SCC) affirmed the super-priority of the security granted to a debtor-in-possession (DIP) lender, over a deemed trust created under provincial pension legislation, in the context of a Companies’ Creditors Arrangement Act (CCAA) proceeding. The...
| | Commissioner John Pecman Says Competition Bureau Will Make More Forceful Use of Its Powers of Inquiry
Kevin Ackhurst, John P. Carleton, Denis Gascon, Eric C. Lefebvre, Richard A. Wagner; Norton Rose Canada LLP;
Legal Alert/Article February 1, 2013, previously published on January 2013 At an event held at Norton Rose’s Montréal offices, John Pecman, Interim Competition Commissioner, announced that the Bureau will be changing its approach to section 11 orders under the Competition Act. Such orders, made in the course of an inquiry, allow the commissioner to examine a...
|  | Canada: Ontario Superior Court Affirms That Section 8 Damages Do Not Include Disgorgement of Innovator’s Profits
Daniel Daniele; Norton Rose Canada LLP;
Legal Alert/Article January 29, 2013, previously published on January 2013 This is the first proceeding under the Patented Medicine (Notice of Compliance Regulations) (“NOC Regulations”) brought by Apotex Inc. in the Ontario Superior Court of Justice. Apotex sought damages against Abbott Laboratories Limited (“Abbott”) and Takeda Pharmaceuticals...
| | Canada: Federal Court Of Appeal Confirms That an Enantiomer of a Previously Approved Medicinal Ingredient Is Not an “Innovative Drug”
Adrienne M. Blanchard, Jill Daley, Jason Markwell; Norton Rose Canada LLP;
Legal Alert/Article January 28, 2013, previously published on January 2013 This was an appeal from the decision of the Federal Court which had dismissed Takeda’s application for judicial review of the Minister’s refusal to list Takeda’s drug, DEXILANT, on the Register of Innovative Drugs, thereby denying data protection for the product. The Federal Court...
| | Yukon Court Of Appeal Confirms That “Open-Entry” Mining System Does Not Preclude the Application of the Duty to Consult
Jocelyn Kearney, Pierre-Christian Labeau; Norton Rose Canada LLP;
Legal Alert/Article January 17, 2013, previously published on January 2013 In December 2012, a three-judge Court of Appeal for Yukon decided unanimously that the recording of a mineral claim by the Mining Recorder, pursuant to Yukon’s Quartz Mining Act (the Act), triggers the duty to consult. Furthermore, the court held that merely providing notice of recorded...
| | Changes in Quebec Pharmaceutical Reimbursement Policy
Adrienne M. Blanchard, Brian John Capogrosso, Jill Daley; Norton Rose Canada LLP;
Legal Alert/Article January 15, 2013, previously published on January 2013 The Quebec government recently announced, as part of its budget, the intended abolishment of the rule known as "BAP-15". Under the BAP-15 policy, which has been in place since 1994, the Quebec government would pay the cost of the brand for 15 years for publicly covered patients, even if...
| | CMHC publishes Canadian Covered Bond Guide
Andrew Fleming, Tracey Kernahan; Norton Rose Canada LLP;
Legal Alert/Article December 21, 2012, previously published on December 2012 On December 17, 2012, Canada Mortgage and Housing Corporation (CMHC) published the Canadian Registered Covered Bond Programs Guide (the Guide), which sets out the expectations of CMHC in respect of its administration of a framework for the issuance of covered bonds by Canadian financial...
| | Securities in Brief - New Rules for Delivery of Proxy Materials
Paul Fitzgerald, R. Craig Hoskins, Solomon Sananes; Norton Rose Canada LLP;
Legal Alert/Article December 18, 2012, previously published on December 2012 On November 29, 2012 the Canadian Securities Administrators (CSA) adopted amendments to National Instrument 54-101 Communication with Beneficial Owners of Securities of a Reporting Issuer, National Instrument 51-102 Continuous Disclosure Obligations and certain related forms and policies (the...
| | Navigating the New Investment Canada Rules for State-Owned Enterprises
Kevin Ackhurst, John P. Carleton; Norton Rose Canada LLP;
Legal Alert/Article December 13, 2012, previously published on December 2012 On December 7, 2012, the Canadian government approved two proposed investments in Canadian energy companies by state-owned enterprises (SOEs) under the Investment Canada Act (ICA): the proposed acquisition by PETRONAS of Progress Energy Resources Corp. (Progress) and the proposed acquisition of...
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