Osler Updates

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Top Six Frequently Asked Questions About the AODA for Franchisors and Franchisees

The Accessibility Directorate of Ontario has been increasingly active in pursuing enforcement actions against organizations that have not complied with their requirements under the Accessibility for Ontarians with Disabilities Act (AODA). How do these AODA requirements affect franchisors and franchisees? We have compiled our top six frequently asked questions and answers about the AODA. 

Apr 15, 2014

Competition Bureau Releases Draft Updated Intellectual Property Enforcement Guidelines

On April 2, 2014, the Competition Bureau released draft updated Intellectual Property Enforcement Guidelines for a 60-day consultation period. The Revised IPEGs principally reflect the amendments to the Competition Act that have been made since the IPEGs were released in 2000. 

Apr 14, 2014

An Overview of Corporate Governance in Canada from The Corporate Governance Review: Canada

The full article contains sections on recent developments, corporate leadership, disclosure requirements, corporate responsibility and shareholder rights, powers and activism. 

April 2014

The Superior Court of Québec Sides with Retailers on the Use of Recognized Trade-Marks in Public Signs and Commercial Advertising

In reasons released on April 9, 2014, Justice Yergeau of the Superior Court of Québec held that the Québec Charter of the French Language (Charter) does not require that public signs and commercial advertising containing a non-French trade-mark be accompanied by a generic term in French, contrary to what was recently being asserted by the Office québécois de la langue française (OQLF), the regulator charged with enforcement of the Charter

Apr 11, 2014

Canadian Securities Regulators Delay Implementation of Derivatives Trade Reporting

Canadian securities regulators announced today that trade reporting requirements for over-the-counter (OTC) derivatives transactions that involve “local counterparties” in the provinces of Ontario, Québec and Manitoba will now commence on October 31, 2014. This new date will apply to trades to be reported by derivatives dealers and clearing agencies; reporting for such trades had been scheduled to commence on July 2, 2014. Other trade reporting deadlines will also shift as a result of today’s announcement.

April 10, 2014

Ontario Court Comments on Common Forms of Fairness Opinions in Arrangement Transactions

The Ontario Superior Court of Justice (Commercial List) recently made some noteworthy observations about the evidentiary utility of fairness opinions in the context of arrangements. The decision may have implications for the disclosure of investment bankers’ fees and financial analysis underlying the fairness opinion. 

April 7, 2014

Competition Bureau Releases Consultation Draft of Price Maintenance Enforcement Guidelines

On March 20, 2014, the Competition Bureau released for public comment draft enforcement guidelines on the price maintenance provisions found in section 76 of the Competition Act. These draft guidelines are the first official statement of the Bureau’s approach to enforcement of the civil price maintenance provisions since they were introduced in 2009, at the same time as the repeal of the criminal per se price maintenance offence previously found in section 61 of the Competition Act

Apr 4, 2014

CSA Releases Crowdfunding Proposals for Comment

On March 20, 2014, the Canadian Securities Administrators published a notice announcing the release for comment of two proposed equity crowdfunding prospectus exemptions. Some provincial securities administrators released for comment the proposed Multilateral Instrument 45-108 respecting Crowdfunding with accompanying policy statement; others released for comment a proposed Blanket Order respecting Start-Up Crowdfunding Prospectus and Registration Exemption.

Apr 4, 2014

OECD Releases Discussion Draft on Tax Challenges of the Digital Economy

On March 24, 2014, the OECD released a discussion draft identifying the major tax challenges raised by the rapidly developing digital economy and summarizing several possible options to address these challenges.

Mar 25, 2014

OECD Releases Discussion Drafts on Hybrid Mismatch Arrangements

On March 19, 2014, the OECD released two draft discussion papers aimed at neutralizing the effects of hybrid mismatch arrangements, as part of its work on base erosion and profit shifting. The first makes recommendations for domestic law changes. The second addresses OECD model treaty considerations. If implemented, these proposals could have a significant impact on common cross-border arrangements that use hybrid instruments or entities. 

Mar 20, 2014