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- Pandemics And Emergency Access To Patented Technology In Canada
Canada’s COVID-19 Emergency Response Act came into force on March 25, 2020. Perhaps overlooked amongst emergency relief, health care and financial effects is Part 12 of the Act which makes changes to the Patent Act. Why should the general public care about this? I’m glad you asked....
- COVID-19 and Annual Shareholder Meetings: Update
Canadian public companies typically look to their federal or provincial governing statutes for timeline requirements regarding their annual general meeting (AGM). Generally, business corporation legislation requires an AGM to be held within 15 months of the last preceding AGM. Certain legislation, such as the Canada Business Corporations Act (CBCA), also imposes a requirement that an AGM be held within six months of the corporation's financial year-end. Companies listed on the Toronto Stock Exchange (TSX) are also required to hold an AGM within six months of the company's financial year-end. Due to a number of issues arising from the ongoing COVID-19 pandemic, including social distancing requirements, corporate regulators have issued statements that may affect typical regulatory and statutory requirements surrounding timing of an issuer's AGM, depending on an issuer's jurisdiction of incorporation.
- Business Interruption Claims Due to COVID-19
As a result of COVID-19, countless businesses have been forced to temporarily shut their doors or change the way they operate significantly. As a direct result, many businesses have lost and continue to lose income. More and more businesses will be looking to their insurers for the answer.
- B.C.'s Use of Extraordinary Powers and the Implications on Businesses in the Supply Chain
On March 26, 2020, British Columbia Minister of Public Safety and Solicitor General, Mike Farnworth, issued the Local Authorities and Essential Goods and Supplies (COVID-19) Order pursuant to powers granted to him under the Emergency Program Act. The Order marks an unprecedented use of B.C.'s extraordinary powers to respond to COVID-19 pandemic, enabling greater governmental control over the supply chain of "essential goods and supplies", including on the distribution, transportation, and storage of such goods.
- Canada Emergency Wage Subsidy for Employers Impacted by COVID-19
Previously, the federal government announced a wage subsidy of up to 10 percent for small businesses, up to a maximum of $1,375 per worker and $25,000 per employer. On Friday, March 27, 2020, the federal government announced that the wage subsidy is being increased to 75 percent, with additional details to be released by April 1.
- COVID-19: The Essential Need-to-Know Guide for Employers and Employees
The immediate impact of the 2019 novel coronavirus (“COVID-19”) has caused major disruptions to Ontario’s workplaces. In recent weeks, new questions have emerged for employers, including whether their workplace is considered an essential or nonessential business, whether lay-off is appropriate, whether their business qualifies for any government relief, and what new measures exist to help provide funding for payroll.
- UPDATED: Canada Provides Expanded Relief To All Businesses Responding To COVID-19 Pandemic
The Government of Canada has expanded the scope and criteria for companies seeking relief pursuant to the nearly $100 billion federal COVID-19 Economic Response Plan. Prime Minister Trudeau has advised that Parliament will be recalled to Ottawa in order to pass the additional legislation required to authorize these programs.
- COVID-19: Economic Stimulus Through Infrastructure Investment
At a press conference on March 20, 2020, Quebec’s Premier, François Legault, announced that the completion of infrastructure projects would be accelerated in order to stimulate economic recovery. Details regarding this announcement should be made public shortly. Since this announcement, events have accelerated, leading ultimately, with respect to infrastructures, to the adoption on March 24, 2020, of an order declaring the minimization of non-priority activities and the closure of businesses deemed to be non-essential. Only emergency construction work or work for security purposes, as well as the maintenance and operation of strategic infrastructure, have been deemed a priority in Quebec.
- Commercial Insurance Considerations During COVID-19
As the COVID-19 pandemic continues to spread and intensify and businesses seek to mitigate financial prejudice, they will consider whether their insurance policies provide coverage that could lessen the blow. This bulletin addresses questions about insurance coverage and COVID-19.
- COVID-19 Class Actions Weekly Roundup
The onset of the COVID-19 pandemic has thrown the global economy and social framework into turmoil. The impacts of the pandemic will inevitably be reflected in class actions, with new COVID-related class proceedings having already been commenced in the United States and Canada. Litigation arising out of the pandemic is still in its early stages but we already see a spectrum of claims ranging from more conventional product and misrepresentation-based claims to proposals for novel, or simply spurious, uses of the class action procedure.
- Binding arbitration common in determining renewal rent
Originally published in A Carswell Publication - Legal Alert • September 2011 • Volume 30 • Number 6. Binding arbitration typically determines the rent during a renewal/extension term where the parties are not in agreement. For an option to renew or...
- Certification Marks: Decision Affirmed by Court of Appeal
An earlier blog discussed a Federal Court decision, agreeing with a decision of the Registrar of Trade-marks and preventing the registration of a certification mark, HALLOUMI, in association with cheese. In The Ministry of Commerce and Industry of the Republic of Cyprus v. International Cheese...
- Focus on Canadian Employment and Equality Rights, Vol. 9, No. 21, September 2011
In This Issue: - Editorial: Trouble Is Never Further Than a Quick Click Away - What Would You Do . . .With an employee who requests a blanket exemption from all work-related travel for family reasons? . . . . 163 *Case Notes &...
- Special Offshore Compliance Relief May Be Coming For Canadian Accounts
IRS compliance initiatives in 2010 and 2011 have focused attention on the U.S. requirements for disclosure of non-U.S. accounts, and the penalties that apply for nondisclosure. For the past 2 years, the IRS has provided special initiative mechanisms for late reporting that involve reduced penalties,...
- D.C. Nonprofit Corporation Law Changes for 2012
Beginning January 1, 2012, nonprofit corporations formed in the District of Columbia will be subject to a revised District of Columbia Nonprofit Corporation Act (Act) that provides new requirements, modifies certain default rules, and clarifies many aspects of the law with respect to the governance ...
- Gaming Legal News: January 18, 2012 • Volume 5, Number 2
In this issue: Land Based Casino Expansion in Ontario - "The Toronto Casino" In recent days, the Finance Minister of Ontario, Dwight Duncan, made headlines by openly musing about the possibility of the establishment of a new casino located in the city of Toronto. The...
- Exemptions to New BC 45-106F6 Reporting
Effective October 3, 2011, the British Columbia Securities Commission adopted a new form for reports of exempt distribution, Form 45-106F6 British Columbia Report of Exempt Distribution. An issuer distributing securities in British Columbia under certain prospectus exemptions is required to use the ...
- App Law: Copyright and Trade Secrets
A company approaches you to engage in a “partner” agreement - maybe a joint venture, a licensing deal, a software integration or a reseller arrangement. During negotiations, the other company reviews your technology. Negotiations breakdown when you realize that the other company has launched a...
- Economic Costs of Privacy Regulation in Canada
Earlier this month, the Conference Board of Canada released a report analysing the economic costs and benefits of privacy regulation in Canada. The Conference Board’s report was prepared with financial support from Google Canada Inc. The report is an attempt to frame the...
- Morguard Corporation v. The Queen – When will a “break fee” be considered income?
In Morguard Corporation v. The Queen, 2012 TCC 55, Justice Boyle of the Tax Court of Canada considered whether a “break fee” received by a predecessor of the Appellant (for the purposes of this discussion, the “Appellant”) in respect of its unsuccessful attempted acquisition of a public corporation,...