JD Supra Canada

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Latest documents

• Chapitre 11 et LACC – Comparaison transfrontalière

  Navigating the complexities of cross-border bankruptcy and insolvency proceedings can be daunting for international businesses. This demystifying guide compares Chapter 11 of the U.S. Bankruptcy Code and Canada’s Companies’ Creditors Arrangement Act (CCAA), highlighting each jurisdiction’s unique processes and requirements. The guide covers more than 30 core concepts in bankruptcy and insolvency law, from the initiation of proceedings to the roles of courts and oversight bodies. By understanding the differences between the two legal frameworks, businesses can better prepare for the challenges they may face when dealing with insolvency issues in either country.

• Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

  This guide highlights the key factors tech startups should consider when choosing where to incorporate in Canada. It takes into account the unique needs of tech startups and the recent efforts by Canadian jurisdictions to update their business corporation laws. While forum shopping in Canada was once uncommon—mainly focused on choosing between incorporating under the provincial statute where the company's headquarters is located or using the Canada Business Corporations Act (CBCA)—the landscape has changed. With updated laws, electronic filing options and other modernizations, there are now key differences between the jurisdictions that tech startups should be aware of.

• Canadian Mergers and Acquisitions: Public M&A FAQs

  Our FAQs brochure answers common questions about the regulation of public M&A in Canada. This comprehensive resource addresses key topics and essential insights to help navigate the complex landscape of public M&A deals in Canada, ensuring compliance and a better understanding of the regulatory framework.

• Chapter 11 and CCAA: A Cross-Border Comparison

  Navigating the complexities of cross-border bankruptcy and insolvency proceedings can be daunting for international businesses. This demystifying guide compares Chapter 11 of the U.S. Bankruptcy Code and Canada’s Companies’ Creditors Arrangement Act (CCAA), highlighting each jurisdiction’s unique processes and requirements. The guide covers more than 30 core concepts in bankruptcy and insolvency law, from the initiation of proceedings to the roles of courts and oversight bodies. By understanding the differences between the two legal frameworks, businesses can better prepare for the challenges they may face when dealing with insolvency issues in either country.

• Recent Judicial Decision of Interest to Energy Lawyers

  Energy lawyers are frequently met with challenging legal issues within a rapidly changing regulatory and legal environment. It is essential to stay up to date on the latest caselaw from courts across Canada, and this article reviews and summarizes recent judicial decisions across a wide range of subject matter. First published in the Alberta Law Review, this publication reviews cases dealing with arbitration, Indigenous law, environmental law, bankruptcy and insolvency, contracts, corporate law including plans of arrangement, royalties, taxes, employment, and others. Several themes emerge, including the increasing focus on environmental priorities and the expansion of director and corporate responsibility.

• Demysitifying the Canadian Business Transaction Exemption

  The tightening of privacy and data protection compliance obligations in Canada and the United States, has led to increasingly comprehensive “data security and privacy” representations and warranties in purchase agreements, as well as to a “privacy covenant” (also sometimes dubbed “transferred personal information”) in transactions involving the exchange of personal information about Canadian data subjects. This privacy covenant reflects the requirements imposed by Canada’s 4 private sector privacy laws[1] according to which parties to a business transaction may exchange personal information for the purposes of conducting due diligence and concluding a transaction without the consent of the relevant data subjects (the “Business Transaction Exemption” or “BTE”). The parties, however, must first agree to certain undertakings both pre- and post-closing. The paragraphs that follow review these undertakings and discuss the appropriate use of the BTE. Originally Published in Lexpert - January 2025.

• Governance Insights: 10 Legal Updates GCs, Boards and Investors Need to Know

  The latest edition of Davies’ Governance Insights is now available. In this issue, we review 10 developments that general counsel and directors of Canadian public companies, and their investors, should know for 2025 and beyond. These developments include the growing importance of board oversight duties, a potentially significant change to issuers’ timely disclosure obligations, the enduring presence of activists in the Canadian marketplace and the expanding regulatory and governance focus on the management of AI technologies.

• Comments on Competition Bureau’s Consultation on its Merger Enforcement Guidelines

  Davies recently submitted comments in response to consultations initiated by the Canadian Competition Bureau’s November 7, 2024 Discussion Paper on the Bureau’s review of its Merger Enforcement Guidelines (MEGs) to better reflect recent changes to the Competition Act as well as the Bureau’s current practices.

• Environmental, Social & Governance Law 2025 Canada

  1 Setting the Scene – Sources and Overview - 1.1 What are the main substantive ESG-related regulations and who is driving the regulatory agenda in your jurisdiction? Originally Published in the International Comparative Legal Guide - Environmental, Social & Governance Law 2025 Real Estate 2025.

• Establishing a Business Entity in Canada (Updated)

  INTRODUCTION - Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical, and multi-cultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages pursuant to the Official Languages Act (Canada). French is the official language in the Province of Québec pursuant to the Charter of the French Language (Québec). The legal system of all provinces and territories (other than the Province of Québec) is based upon the Common Law, derived from England. Québec (like the American State of Louisiana) is governed by the Civil Law system, derived from the French Napoleonic Code, as reflected in the Civil Code of Lower Canada adopted in 1866 (one year prior to Confederation) and replaced as of January 1st , 1994, by the Civil Code of Québec (the “CCQ”).

Featured documents

• Lawyer-Mediator’s Firm Conflicted-Out of Representing Employee

  The law firm of a lawyer who assisted a hospital in “evaluating, mediating and resolving workplace conflicts between employees including allegations of harassment and workplace violence” has been ordered removed as lawyers of record for an employee who was suing the hospital. The lawyer/mediat...

• Information and Privacy Commissioner Collaborates with U.S. Utility

  The Ontario Information and Privacy Commissioner and San Diego Gas & Electric (“SDG&E”) have released a white paper on the collaboration of SDG&E and the Office of the Information and Privacy Commissioner regarding privacy issues in SDG&E’s dynamic pricing project......

• Rating Agency Developments - Week of April 6, 2012

  On April 3, S&P released its methodology for CDOs and pooled TOBs backed by U.S. municipal debt. S&P Release. On April 2, Moody’s released its approach to rating securities backed by FFELP student loans. Moody’s Report. ...

• 2012-13 Inspection Blitz Schedule Released by Ontario MOL

  Stating that “The Ministry of Labour’s proactive inspection blitzes on sector-specific hazards are designed to raise awareness and increase compliance with health and safety legislation”, the MOL has released its schedule of safety inspection blitzes by MOL inspectors for 2012 and 2013: ...

• Unions Using OHSA to Attempt to Obtain Work for Members

  In some recent cases at the Ontario Labour Relations Board, unions have attempted to use the provisions of the Occupational Health and Safety Act to argue that only the unions’ members can perform certain work. ...

• Cookie Disclosure and Opt-Out Tools: A brief round up

  In December 2011, the Office of the Privacy Commissioner of Canada (OPC) issued guidance in December 2011 stating that “collection or use of an individual’s web browsing activity must be done with that person’s knowledge and consent” and that there must be an “opt-out” mechanism if the technology...

• Ministry blitz of temporary agencies

  From June until the end of August, 2012, the Ontario Ministry of Labour will be undertaking proactive inspections of temporary help agencies across multiple sectors. Approximately 735,000 Ontarians work in temporary jobs, arranged through nearly 1,000 temporary help agencies. The purpose of the...

• Faster Movement of Men up Pay Ladder not Remedied by Pay Equity Act

  On May 31, 2012 the Ontario Divisional Court ruled that the Pay Equity Act does not require the harmonization of wage grids as long as female employees achieve the same level of pay as men at the top of the grid. The Canadian Union of Public Employees (CUPE) appealed decisions by the Pay Equity...

• Employee Fails to Mitigate Damages by Turning Down Employer’s Replacement Job Offer

  An Ontario Judge has confirmed that an employee’s duty to mitigate may well include taking a job that is offered by the dismissing employer. ...

• What constitutes consideration to uphold an agreement?

  In the recent decision of Downey v. Ecore International Inc., the Ontario Court of Appeal found that a confidentiality agreement signed by a consultant on his first day of work was not void for lack of consideration. Paul Downey entered into discussions with Ecore in 1999 for employment with...