Bennett Jones LLP (JD Supra Canada)

1674 results for Bennett Jones LLP (JD Supra Canada)

  • Notable Amendments to Canada’s Anti-Money Laundering Regime

    In recent years, Canada’s Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and its regulations have been amended with a view to strengthening Canada’s anti-money laundering (AML) regime. On June 1, 2021, additional amendments aimed at further strengthening that regime came into force, as did related guidance from the Financial Transactions and Reports Analysis Centre of...

  • Canadian Securities Regulators Publish Sixth Report Regarding Women on Boards and in Executive Officer

    In March 2021, the Canadian Securities Administrators (CSA) published the sixth Staff Review of Disclosure Regarding Women on Boards and in Executive Officer Positions. Recently, participating securities regulatory authorities (Manitoba, New Brunswick, Nova Scotia, Ontario, Quebec and Saskatchewan) published the underlying data used to prepare the review. The data summarizes results from the...

  • Win for American Energy Companies Facing Climate Change Litigation

    In a 7-1 ruling in BP PLC et al v Mayor and City Council of Baltimore (19-1189), the Supreme Court of the United States ruled that the Fourth Circuit Court of Appeals did not fully analyze whether a climate change tort lawsuit seeking damages against several energy companies operating in the United States should be heard in federal court, instead of in state court. The decision is a welcome...

  • Labour Arbitrator Upholds Employee Termination After Surreptitious Interference with Employer's Virtual File Storage

    In a recent labour arbitration decision, TELUS v United Steelworkers, Telecommunications Workers Union National Local 1944 (Heywood), Arbitrator Jolliffe, Q.C., upheld the termination of a long-service, unionized employee for cause owing to her interference with the employer's (TELUS) virtual file/cloud based storage system (a Google Drive). Specifically, the allegation against the grievor was...

  • Beyond Review: Supreme Court of Canada Confirms Courts are Unlikely to Interfere with Voluntary Associations

    In Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral v Aga, 2021 SCC 22 [Ethiopian Orthodox] the Supreme Court of Canada elaborated on the circumstances in which courts will intervene in the affairs of voluntary associations, including religious congregations. To enforce the rules of a voluntary association, or hold the association to standards of procedural fairness, a court must...

  • Bill C-208 Poised to Facilitate Intergenerational Small Business and Farm Transfers

    A private member's bill aimed at facilitating intergenerational transfers of small businesses and farms has moved one step closer to becoming law. After passing third reading in the House of Commons on May 12, 2021, with 199 MPs voting in favour and 128 against, Bill C-208, An Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation), must now be voted on...

  • 2021 Ransomware Insurance Update, Explosion of Ransomware and Best Practices

    Insurer AXA, among Europe's top five insurers, recently announced that it was suspending insurance coverage in France for ransomware extortion payments. AXA said it made this decision in response to concerns raised by French justice and cybersecurity officials during a recent Senate roundtable in Paris about the global epidemic of ransomware. Notably, days after AXA's announcement, the insurer...

  • The Alberta Court of Appeal Provides Guidance on the Test for Certification in Overturning Goodyear

    On May 17, 2021, the Alberta Court of Appeal released its decision in Spring v Goodyear Canada Inc., 2021 ABCA 182. This case is the latest Alberta consideration of the test for certification of a class action. At issue was whether the certification judge erred in certifying the class action against Goodyear Tires relating to an alleged manufacturing defect resulting in tire failure due to tread...

  • The Value of PropTech in a Post-Pandemic World

    As the COVID-19 pandemic recedes and the workforce gradually returns to the office, the commercial real estate industry will rely on PropTech to adapt. Building developers, construction companies and property managers will utilize PropTech to create more efficient, health-promoting and sustainable workplaces.

  • Leave to the Supreme Court Denied: Latest on Pre-Certification Stays in Multijurisdictional Class Actions

    We previously discussed the Alberta Court of Appeal's decision in Ravvin v Canada Bread Company, Limited, 2020 ABCA 424, which arose out of an alleged packaged bread price-fixing conspiracy. Plaintiffs started class proceedings in multiple provinces but stays were granted in most actions in favour of a national class proceeding before the Ontario Superior Court of Justice. The defendants...

  • B.C. Expands Property Transfer Tax Exemption for Residential Property Purchases

    On May 3, 2021, by Order in Council No. 277, the Government of British Columbia amended the Property Transfer Tax Regulation, B.C. Reg 74/88. This amendment relates to the application of the additional property transfer tax payable by foreign purchasers of residential property in specific areas of the province (the "Foreign Buyers Tax") and it expands an exemption introduced June 1, 2020,...

  • CBSA Updates its Guidance on the Enforcement of the Import Prohibition on Goods Produced with Forced Labour

    On May 7, 2021, the Canada Border Services Agency (CBSA) published an updated version of its policy, Memorandum D9-1-6, titled "Goods manufactured or produced wholly or in part by prison labour" (the "D-Memo"), in which the CBSA provides updated information concerning the enforcement of the recent prohibition on the importation into Canada of goods manufactured or produced by forced labour, which

  • Significant Changes Proposed to the Criminal Interest Rate

    On May 11, 2021, Bill C-274, An Act to amend the Criminal Code (Criminal Code Interest Rate) received first reading in the House of Commons. The Bill proposes to amend the definitions of "criminal rate" and "interest" under section 347(2) and repeal section 347.1 which provides exemptions from the criminal interest restrictions in certain limited circumstances.

  • Alberta Plans to Introduce a Competitive Process for Carbon Sequestration Tenure

    On May 12, 2021, the Government of Alberta issued a statement to announce that it will now be granting carbon sequestration rights through a competitive process. Carbon capture utilization and storage (CCUS) is a method where a large volume of carbon dioxide is captured, transported, and injected into the ground to be permanently stored.

  • The Digital Services Tax: Canada Takes Aim at Tech Giants

    In the recently released Budget 2021, Canada's federal government announced its plan to continue with the development of a Digital Services Tax (DST) to be imposed on certain large taxpayers. The DST is proposed to apply at a rate of 3 percent on revenue exceeding $20 million from certain digital services that rely on the engagement, data and content contributions from Canadian users. While draft

  • A “Step Back Overall” for Privacy

    Federal Privacy Commissioner Calls for Stronger Privacy Protections in Bill C-11 - In November 2020, the federal government tabled Bill C-11, the proposed new private-sector privacy law that would replace the current regime under the Personal Information Protection and Electronic Documents Act (PIPEDA).

  • Saskatchewan to Introduce a Road Use Charge for Passenger Electric Vehicles

    On May 7, 2021, Bill 34, The Fuel Tax Amendment Act, 2021 passed the third reading in the Legislative Assembly of Saskatchewan. Bill 34 amends Saskatchewan's The Fuel Tax Act, 2020 and The Financial Administration Act, 1993 to introduce a new road use charge for electric vehicles (EVs). While similar charges have been introduced in certain U.S. states, this is the first tax of its kind in Canada...

  • Ontario Promises to Create Canada's First Provincial Data Authority

    On April 30, 2021, the Government of Ontario introduced Building a Digital Ontario, the province's new digital and data strategy, which lays the foundation for Ontario to become "the world's leading digital jurisdiction." Pursuant to the strategy, the Government of Ontario intends to create a new provincial data authority in consultation that will be responsible for "building modern data...

  • Catch-22: Defending a Breach of Duty of Good Faith Claim and the Potential Waiver of Legal Privilege

    A defendant who wishes to rely on legally privileged information in response to a claim alleging breach of a duty of good faith, or alleging bad faith, may face a "Catch-22" scenario. 

  • New Data Commissioner Proposed in the 2021 Federal Budget

    On April 19, 2021, the Government of Canada released the 2021 Federal Budget, which, among other things, proposes to allocate $17.6 million over the next five years (and $3.5 million per year afterwards) to the establishment of a new federal Data Commissioner.

  • Infectious Disease Emergency Leave Does Not Shield an Employer From Constructive Dismissal at Common Law

    A recent decision of the Ontario Superior Court has dealt yet another blow to employers in the wake of the ongoing COVID-19 pandemic. The decision of Justice D.A. Broad in Coutinho v Ocular Health Centre, released April 27, 2021, is the first to interpret the recently enacted O. Reg. 228/20 Infectious Disease Emergency Leave (the “IDEL regulation”) and determine the effect of the IDEL regulation...

  • Alberta Court Provides Guidance for Random Drug and Alcohol Testing

    The Alberta Court of Queen's Bench has recently issued a decision that provides guidance regarding the contractual right of a non-unionized employer to implement randomized drug and alcohol testing. 

  • Ontario Employers Must Provide Employees Paid COVID-19 Leave

    On April 29, 2021, the Ontario Legislature passed the COVID-19 Putting Workers First Act, amending section 50.1 of Ontario's Employment Standards Act, 2000 (ESA). As a result, provincially regulated employers must now provide their Ontario employees with three days of paid leave, up to maximum of $200 per day, if their employees miss work because of the COVID-19 pandemic.

  • Canadian Government Proposes New CBCA Standard for Electing Directors (Updated)

    The federal government has introduced proposed regulations that would, among other things, change the director election process for certain corporations established under the Canada Business Corporations Act (CBCA). The proposed regulations are expected to take effect on July 1, 2021, and would require: (i) annual board elections; (ii) individual voting (i.e., slates will no longer be permitted);

  • Indigenous Persons from the United States May Hold Aboriginal Rights in Canada

    On April 23, 2021, the Supreme Court of Canada (SCC) released its decision in R. v. Desautel, 2021 SCC 17, which upheld the lower court decisions to acquit Richard Desautel of charges under the Wildlife Act. The SCC confirmed his Aboriginal right to hunt in the Arrow Lakes area of British Columbia, even though he is a resident and citizen of the United States.

  • Crisis and Risk Management Survey 2020 Summary of Findings

    To learn more about the current state of crisis and risk management, Bennett Jones commissioned an independent survey by Environics to understand what corporate concerns are most pressing for Canadian general counsel and senior executives at a wide range of organizations. Ironically, the survey was interrupted by the biggest crisis of our lifetime―COVID-19. The responses paint a...

  • Alberta Securities Commission Proposes New Prospectus Exemptions for Small Business: Seeks Comments

    On March 25, 2021, the Alberta Securities Commission (ASC) proposed two new prospectus exemptions to promote investment opportunities for small businesses in Alberta, and is seeking written submissions with respect to the proposed exemptions by May 7, 2021.

  • Alberta and Saskatchewan's New Self-Certified Investor Prospectus Exemption

    On March 31, 2021, securities regulators in Alberta and Saskatchewan adopted a new self-certified investor prospectus exemption, in effect for the next three years (expiring April 1, 2024), to increase capital access and investment opportunities for businesses and investors in their respective provinces.

  • B.C. Superintendent of Real Estate Permanently Extends REDMA Early Marketing Deadlines

    Effective May 1, 2021, following the expiry of Policy Statement 17 (PS 17) on April 30, 2021, the Office of the Superintendent of Real Estate (BC) (OSRE) will bring into effect amendments to Policy Statement 5 (PS 5) and Policy Statement 6 (PS 6) to extend permanently the early marketing timeframes that were temporarily changed under PS 17 in order to provide some relief to developers in the...

  • Government of Canada Publishes First Report on Diversity Disclosure

    On April 7, 2021, the Government of Canada published Diversity of Boards of Directors and Senior Management of Federal Distributing Corporations. The report is the first report on the effect of the government's efforts to increase diversity on corporate boards and in senior management in Canada.

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