Osler Updates

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Plan Nord: Québec Liberal Government Relaunches the Plan Nord

On June 4, 2014, the first budget (Budget) of the new Liberal government, in power since April 7, 2014, was tabled in the Québec National Assembly. The Budget provides for certain measures to relaunch the Plan Nord, as announced by the Liberals during the latest election campaign. 

June 12, 2014

Federal Government Initiatives Support Engagement with First Nations

Following eight months of consultations with First Nations, provincial governments and industry, the Federal Government announced two new measures to strengthen engagement and involvement with First Nations in energy projects, infrastructure and natural resources on Canada’s west coast. 

June 11, 2014

Generic Drug Company Licensees Avoid Patented Medicines Price Oversight

In two nearly identical decisions the Federal Court of Canada held that generic pharmaceutical patent licensees are not subject to the jurisdiction of the Patented Medicines Prices Review Board, including its powers to regulate drug prices.  These decisions, which may be appealed to the Federal Court of Appeal, mark a retreat from the courts’ expansive views about the jurisdiction of the PMPRB.

June 10, 2014

Courts Uphold Use of Fairness Opinions at Hearings to Approve Plans of Arrangement

In two recent decisions, separate judges from the Ontario Superior Court have questioned the correctness of a prior decision declaring a fairness opinion inadmissible at a hearing to approve a plan of arrangement. These decisions revert to the Court’s traditional practice of considering “the presence of a fairness opinion from a reputable expert” as among the indicia of fairness when considering whether a proposed plan of arrangement is fair and reasonable. 

June 9, 2014

U.S. Appellate Court Overturns Decision Rejecting SEC’s No-Contest Settlement

The United States Court of Appeals for the Second Circuit held on June 4, 2014, that the U.S. Southern District Court of New York abused its discretion when it refused to approve a no-contest settlement agreement between the SEC and Citigroup Global Markets Inc. While this decision is not binding in Ontario, the Citigroup saga had been closely watched by securities market participants and regulators on both sides of the border. 

June 6, 2014

Is U.S. Regulatory Guidance Driving Leveraged Lending into the Shadows?

Since U.S. regulators published the Interagency Guidance on Leveraged Lending (Guidance), in March 2013, commentators have speculated on its likely market impact (the guidance is discussed in detail in an April 2013 Osler Update).

June 5, 2014

Less than a Month to Go: Top Six Tips on Mandatory Occupational Health and Safety Training in Ontario

Effective July 1, 2014, employers in Ontario will be required to ensure that all workers and supervisors have completed a basic occupational health and safety awareness training program as soon as practicable, pursuant to the Occupational Health and Safety Act. A supervisor must be trained within one week of performing work as a supervisor.

June 5, 2014

Québec Court of Appeal Decision Results in Significant Victory for Franchisors

In a victory for franchisors, the Québec Court of Appeal confirmed the application of the doctrine of the indivisibility of contracts in a franchise context, supporting significant retroactive royalty awards for breaches of franchise agreements.

June 3, 2014

IP in the Life Sciences Industries 2014: Key Issues for Senior Life Sciences Executives

Osler IP lawyers examine some recent Canadian decisions that provide interesting insight into how courts in Canada are approaching the issue of damages arising from the infringement of IP rights. 

June 3, 2014

Lessons on Pension Plan Governance from Indalex

Ian McSweeney and Louise Greig from Osler’s Pension and Benefits Group discuss the implications of the Supreme Court of Canada’s Indalex decision, a case which pitted the claims of pensioners against those of secured creditors in the context of the insolvency of the employer plan sponsor. 

June 2014