Osler Updates

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Canada-EU Comprehensive Economic and Trade Agreement: Legal Text Now Available for Advancing Strategic Business Plans

On September 26, 2014, the Canadian Government and the European Union (EU) released the legal text of the Canada and European Union Comprehensive Economic and Trade Agreement (CETA), modernizing rules on trade-related issues and providing new opportunities in government procurement and foreign investment. 

Oct 7, 2014

Landmark Canada-China Investment Treaty Comes Into Force

On October 1, 2014, a new foreign investment promotion and protection agreement (FIPA) between Canada and China came into force. This investment treaty has been long in coming, with drawn out negotiations and delayed implementation spanning more than 10 years.  

Oct 6, 2014

Four Weeks to Go Until Canadian Derivatives Trade Reporting Requirements Take Effect

Effective October 31, 2014, provincial rules in Ontario, Québec and Manitoba will require derivatives dealers and clearing agencies to report OTC derivatives transactions that involve “local counterparties” in the three provinces. This is a reminder for all clients that trade OTC derivatives that if you are a local counterparty, or trade with a local counterparty, there are steps that you need to take to be ready for trade reporting.  

Oct 3, 2014

Insider Trading Restrictions – Recent Decision by the Bureau de décision et de révision

On September 19, 2014, the Bureau de décision et de révision granted a request by the Autorité des marchés financiers for an administrative penalty of $9,000 against Jacques Gauthier, who was President and Chairman of the board of directors of AAER Inc. at the time of the insider trading events. 

Oct 1, 2014

Competition Bureau Signals Increased Scrutiny of Patent Litigation Settlement Agreements

Patent litigation settlement agreements took centre stage in a speech by the Commissioner of Competition and related White Paper – Patent Litigation Settlement Agreements: A Canadian Perspective – issued by the Competition Bureau on September 23, 2014. This is the most detailed guidance provided by the Bureau regarding the application of the Competition Act to patent litigation settlement agreements in the pharmaceutical industry.

Sept 30, 2014

Further Toughening of Canada’s Sanctions Against Russia

The Canadian government recently imposed increasingly broader and tougher sanctions targeting Russian individuals and entities, and key sectors of Russia’s economy. The latest amendments implemented on September 17, 2014 expand upon a previous round of sanctions made effective on July 24, 2014, which prohibited persons in Canada and Canadians abroad from transacting in new debt and equity financings of certain listed Russian entities.

Sept 23, 2014

OECD Releases 2014 BEPS Deliverables

On September 16, 2014, the OECD released the first seven of 15 deliverables promised as part of the OECD/G20 base erosion and profit shifting (BEPS) Action Plan. This Update summarizes the principal aspects of this release, including reports on the Digital Economy (Action 1); Hybrid Mismatch Arrangements (Action 2); Harmful Tax Practices (Action 5); Tax Treaty Abuse (Action 6); Transfer Pricing & Intangibles (Action 8); Transfer Pricing Documentation and Country-by-Country Reporting (Action 13); and Developing a Multilateral Instrument (Action 15). 

Sept 16, 2014

Canadian Securities Administrators Propose Significant Amendments to Take-Over Bid Regime

The Canadian Securities Administrators (CSA) have announced that they intend to publish for comment amendments (the Proposed Bid Amendments) that, if implemented, will result in significant changes to the take-over bid regime in Canada. 

Sept 12, 2014

The Uncertain Future of Predicted Utility

There is no more contentious question in Canadian patent law at the moment than the question of utility. Much of the debate focuses on whether an invention need only have a scintilla of utility or whether utility must be measured against the promise of the patent. 

Sept 10, 2014

Ontario Superior Court Upholds Consultation

In Wabauskang First Nation v. Minister of Northern Development and Mines et al., the Ontario Superior Court of Justice made a significant observation confirming earlier guidance from numerous court cases across Canada, finding that if there had been an improper delegation or a failure to fulfill the duty to consult, the remedy would have gone against Ontario and not against Rubicon. 

Sept 5, 2014