Osler Updates

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SEC Proposes Pay-Versus-Performance Disclosure Rules

The Securities and Exchange Commission recently proposed the long-awaited pay-for-performance rules that would require most U.S. public companies to disclose the relationship between compensation “actually paid” to the company’s named executive officers and the company’s “financial performance.” 

May 7, 2015

Say on Pay Votes Come Back in a Big Way: Three Failed Votes in One Week

Within a week, three failed say on pay votes have put compensation practices back in the spotlight and demonstrably shown that investors still use say on pay advisory votes to voice dissatisfaction with company compensation practices.

May 6, 2015

B.C. Court of Appeal Allows Environmental Claim Based on Unproven Aboriginal Title to Proceed

On April 15, 2015, the British Columbia Court of Appeal concluded that a lower court erred in dismissing a First Nation’s environmental action as disclosing no reasonable cause of action on the basis that Aboriginal rights or Aboriginal title had to be proven or acknowledged by the Crown before the First Nation could bring such a claim. Businesses, particularly those in the extractive sector, should be aware of the increased risk of litigation where Aboriginal rights or title may be asserted. 

Apr 29, 2015

Changes to Your Guarantee Practices in Alberta

Franchisors franchising in Alberta should already be aware of the critical importance of complying with the province’s Guarantees Acknowledgment Act (failing which, a guarantee will have no effect). However, the rules are changing. This Osler Update helps you prepare for the changes affecting guarantee practices in Alberta. 

Apr 28, 2015

Frequently Asked Questions Concerning the Investment Canada Act

The following are some frequently asked questions (FAQs) concerning the application, administration and enforcement of the Investment Canada Act. These FAQs and responses are of a general nature, and cannot be regarded as legal advice. 

April 24, 2015

SCC Confirms Leave Test for Securities Class Actions Has Teeth

On April 17, 2015, the Supreme Court of Canada provided Canadian public companies with an important win, holding that the test for leave to start a class action for breach of a company’s secondary market disclosure requires the court to evaluate the evidence and conclude that there is a reasonable and realistic chance that the action will succeed.

Apr 23, 2015

Federal Budget Proposes Statutory Privilege for Canadian Intellectual Property Agents

As part of the federal budget tabled on April 21, 2015, the Canadian government announced plans to modernize Canada’s intellectual property framework by creating a statutory privilege for confidential communications between intellectual property agents and their clients.  

Apr 23, 2015

Budget Briefing 2015

The Honourable Joe Oliver, Minister of Finance, tabled Canada’s federal budget for 2015 on April 21, 2015. In his budget speech, the Minister repeated the government’s commitment to maintaining low taxes, balancing the budget and returning Canada to a position of fiscal strength after the 2008-2009 recession. Our Budget Briefing 2015 summarizes the more significant tax proposals included in this year’s budget. 

Apr 21, 2015

Ontario Court of Appeal Decides Ostrander Wind Farm Project and Sends Dispute Back to the ERT

In an important decision for stakeholders in the Ontario renewable energy industry, the Ontario Court of Appeal overturned the Divisional Court of Ontario’s February 2014 decision, which had reinstated a Renewable Energy Approval previously revoked by the Environmental Review Tribunal.

Apr 21, 2015

Administrative Penalty for Insider Trading – Criteria to Set the Penalty

In this Osler Update, we examine the recent insider trading decision made by the Bureau de décision et de révision in AMF v. Roy, which saw the Autorité des marchés financiers accuse Mrs. Renée Roy of having traded in the securities of a reporting issuer while she was in possession of privileged information. On March 27, the Bureau condemned Mrs. Roy to a $60,000 administrative penalty. 

Apr 20, 2015