Canada and the United States announced on February 5, 2014, that they had signed a long-awaited intergovernmental agreement (Canada–U.S. IGA) that dramatically expands the sharing of tax-related information between the countries. The agreement modifies the U.S. tax-reporting and withholding provisions commonly referred to as the “Foreign Account Tax Compliance Act” (FATCA) as these provisions apply to Canadian financial intermediaries. The Canada–U.S. IGA must be ratified by Canada to come into force.
Feb 6, 2014
On January 27, 2014, the Federal Court of Appeal upheld the Federal Court’s denial of an application for a prohibition order under the Canadian Patented Medicines (Notice of Compliance) Regulations on the basis that the impugned patent was directed to a method of medical treatment.
Feb 5, 2014
The Minister of Natural Resources introduced legislation recently that would see important changes to Canada’s offshore oil and gas regime. The Energy Safety and Security Act contains amendments to the Canada Oil and Gas Operations Act and the Canada Petroleum Resources Act, along with the federal Accord Acts governing exploration and production offshore Nova Scotia and Newfoundland and Labrador.
Feb 5, 2014
The Court of Appeal for Ontario addressed important issues for securities class actions across Canada on February 3, 2014. The Court held that its prior decision in Sharma v. Timminco was incorrect, and effectively extended the limitation period for statutory securities misrepresentation claims asserted in class actions. The Court also considered the certifiability of common law misrepresentation claims, and the merits test for obtaining leave to bring a claim under the Ontario Securities Act.
Feb 4, 2014
On February 3, 2013, the Federal Court of Appeal released a significant ruling that reversed the Competition Tribunal’s earlier finding that the abuse of dominance provisions of the Competition Act do not apply to the Toronto Real Estate Board. In short, the Court found that the Tribunal had adopted an overly narrow interpretation of the Act and failed to properly analyze whether TREB had engaged in a practice of anti-competitive acts within the meaning of the abuse of dominance provisions.
Feb 4, 2014
In many misleading advertising and consumer protection cases, a company that discovers a regulatory breach will self-report to the Competition Bureau (or other law enforcement agencies) and implement a voluntary compensation program to mitigate the company’s regulatory and civil class action exposure.
Feb 3, 2014
On January 31, 2014, the Supreme Court of Canada released its unanimous decision in A.I. Enterprises Ltd. v. Bram Enterprises Ltd., clarifying and narrowing the common law tort of unlawful interference with economic relations (referred to by the Court as “the ‘unlawful means’ tort”).
Jan 31, 2014
On January 27, 2014, the government tabled five previously concluded intellectual property treaties in the House of Commons. These treaties will have a significant impact on intellectual property rights holders in Canada. Tabling the treaties is the first procedural step towards their implementation into domestic Canadian law.
Jan 29, 2014
The Supreme Court of Canada’s much anticipated and welcome decision of lowering the bar for obtaining summary judgments will result in many parties and the court system being able to avoid the unnecessary delays and costs that come with full blown discovery and trials.
Jan 27, 2014
On December 16, 2013, the Alberta Court of Queen’s Bench granted a six-month injunction in favour of Penn West Petroleum Ltd. authorizing the RCMP to remove a road blockade erected by individuals associated with Bernard Ominayak, the former Chief of the Lubicon Lake Nation.
Jan 20, 2014