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- 2020 Proxy Advisory Firm Voting Guidelines: Canadian Highlights
In preparation for the upcoming proxy season, issuers should familiarize themselves with the Canadian proxy voting guidelines recently published by Institutional Shareholder Services Inc. (ISS) and Glass Lewis & Co. (Glass Lewis), respectively. This bulletin addresses certain topics covered by the ISS benchmark policy recommendations and Glass Lewis’s proxy guidelines and shareholder initiatives guidelines, respectively, in each case for the 2020 proxy season in respect of issuers listed on the Toronto Stock Exchange (TSX).
- Canada: Supreme Court Limits Safety Inspection Duty of Federally-regulated Employers to Workplaces under their Control
In Canada Post Corp. v. Canadian Union of Postal Workers, 2019 SCC 67, one of the last decisions of the Supreme Court of Canada (“SCC”) in 2019, the court clarified the extent of a federally-regulated employer’s inspection obligations under the Canada Labour Code (CLC) as set out in 125(1) (z.12)...
- Introducing Incoterms 2020
On January 1, 2020, the most recent version of Incoterms® came into force. Among the changes are a new Incoterm, DPU (described below), new carriage security obligations for each Incoterm, cost clarifications, and changes to insurance requirements and buyer and seller obligations. Parties using Incoterms in their contracts should be aware of, and where possible take the benefit of, these changes. Unless otherwise specified, contracts entered into effective from January 1, 2020, will likely be assumed to be using the new Incoterms unless otherwise specified.
- Dentons 2020 proxy season update
This alert sets out legislative, regulatory and “advisory” developments in respect of corporate governance and annual disclosure matters. These will impact Canadian public companies when preparing their proxy-related materials. It is organized as follows...
- Five Cases to Watch at the Supreme Court of Canada this Winter
The Supreme Court this winter will hear (and in one case, has heard and determined) high-profile appeals involving federal and provincial government powers, corporate rights under the Charter of Rights and Freedoms, and two complex commercial appeals.
- Canadian Trademarks Office issues new limits on extensions of time for responding to office actions
Prior to January 17, 2020, extensions of time were readily available during Canadian trademark prosecution. A single six-month extension could be secured without providing any substantive reasons. Further six-month extensions could be secured by demonstrating exceptional circumstances. That has now changed as a result of a January 17, 2020 Practice Notice.
- Canada's Cabinet Mandate Letters Highlight Focus on Zero-Emission Vehicles
The push for zero-emission vehicles (ZEVs) and increased electrification of automobiles and transport options is still strong in Canada. The federal government remains a strong advocate for ZEVs, and Prime Minister Justin Trudeau's recently released mandate letters to his Cabinet members feature several ZEV objectives. Mandate letters outline the long-term policy goals for each Cabinet member, and the Prime Minister is pushing for...
- Canadian Securities Administrators Seek Comment on “Access Equals Delivery” Model
On January 9, 2020, the Canadian Securities Administrators (CSA) published CSA Consultation Paper 51-405 Consideration of an Access Equals Delivery Model for Non-Investment Fund Reporting Issuers (CP 51-405). In connection with CP 51-405, the CSA is seeking commentary on the appropriateness of an access equals delivery model in the Canadian market, with the intent of reducing regulatory burdens for issuers and enhancing the accessibility of information for investors. Generally, the CSA is requesting commentary on whether such a model should be introduced, the types of documents to which this model should apply and its mechanics.
- Who You Gonna Call (As a Witness)?
Construction disputes (as with any matters in litigation) rarely make it to trial. Matters typically settle or are resolved on a summary basis through written evidence alone. But if a matter proceeds to trial, where evidence via live witnesses is required, which people to call as witnesses is integral.
- Global cannabis trade: A primer on Canadian import/export requirements for cannabis
Global cannabis trade: A primer on Canadian import/export requirements for cannabis - With the continued trend of liberalization of cannabis laws around the world, global cannabis business opportunities and barriers are changing at a rapid pace. One of the next major steps in the globalization of the cannabis industry is international trade, which will allow cannabis companies to harness the competitive advantage of differing markets around the world. Since legalization, cannabis imports and exports in and out of Canada have been very small, but are increasing rapidly. This Insight provides an overview of international and domestic trade regulation of cannabis in Canada.
- CIPO Approves New Wares and Services Descriptions
The Canadian Intellectual Property Office (CIPO) today announced the approval of over 500 new or changed wares (goods) and services descriptions in its online Wares and Services Manual. This is the Manual that the CIPO Examiners refer to when reviewing applications for registration of trade-marks ...
- Updated BC IPP Supply Map
Further to our April blog post, today, BC Hydro released some updated information regarding the supply of electricity from BC independent power producers (BC IPPs). Included in the release is the following: 1. A map of current and future BC IPP projects;...
- Arbitration Review of the Americas 2012: Commercial Arbitration and the Canadian Justice System: Recent Decisions of the Supreme Court of Canada
Originally published in The Arbitration Review of the Americas 2012. Commercial arbitration – both domestic and international – is an established and frequently employed dispute resolution mechanism in Canada, and one that is legislatively protected. With respect to...
- Oh Canada - Significant Developments in Canadian Energy - November 2011
In This issue: - Oil Sands News - East Coast News - West Coast News - Canadian Arctic News - Alternative Energy News - On the Horizon - Abbreviations
- Arguments conclude in first transfer pricing case heard by the Supreme Court of Canada: GlaxoSmithKline Inc. v. The Queen
On Friday morning January 13, 2012, the Supreme Court of Canada heard arguments in GlaxoSmithKline Inc. v. The Queen. See our earlier posts on the case here and here. By way of background, Glaxo Canada purchased ranitidine, the active pharmaceutical ingredient in Zantac, a...
- Battle of the Blocks
Two of my favourite topics: intellectual property and Lego. The Danish toy-maker has been trying to protect its iconic toy bricks since they were developed in the 1930s and ’40s. Trade-mark law protects the brand (LEGO), and trade-marks can live on and on, as long as the owner (a) uses the mark,...
- Invasion of Personal Privacy Tort Comes to Canada
In a significant decision by the Ontario Court of Appeal, (Jones v. Tsige, 2012 ONCA 32), the Court of Appeal recognized for the first time in the province of Ontario, a distinct right of action for invasion of personal privacy or “intrusion on seclusion”. The facts of this...
- Case Update - Re Timminco Limited
Re Timminco Limited (2012) ONSC 506 (Ont. Commercial List) and (2012) ONSC 948 (Ont. Commercial List). Timminco Limited and Bécancour Silicon Inc. (together the “Timminco Entities”) sought and were Granted protection under the CCAA on January 3, 2012. On January 12, 2012 the...
- "Beneficial Owner" - CRA'S Assessment Of Velcro Doesn't Stick
The Tax Court has once again considered the meaning of the phrase “beneficial owner” for purposes of the tax treaty between Canada and the Netherlands. It has also once again ruled in favour of the taxpayer in determining that a Dutch holding company was the “beneficial owner” of amounts received...
- Cloud Computing and the Public Sector in British Columbia
The British Columbia Information and Privacy Commissioner (“IPC”) has released guidelines on cloud computing. The guidelines apply to the public sector bodies to which British Columbia’s Freedom of Information and Protection of Privacy Act (“FIPPA”) applies....