Osler Updates

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Transparency Obligations for the Canadian Extractive Sector: Will Canada be Ready to Lead on April 1?

The April 1, 2015 announced deadline for the federal government to implement the provisions of the Extractive Sector Transparency Measures Act is just over a month away. This Update considers the significant regulatory compliance burden that will have to be borne by Canadian resource extraction businesses, and questions whether Canada is in fact ready to lead this initiative. 

Feb 25, 2015

Ontario Court of Appeal Allows Privacy Class Action to Proceed Against Hospital

In a significant decision released this week, the Ontario Court of Appeal ruled in Hopkins v. Kay that a private plaintiff may bring a class proceeding for damages in tort against Peterborough Regional Health Centre for the unauthorized access to personal health information, even in circumstances where the Information and Privacy Commissioner of Ontario has closed his investigation. 

Feb 20, 2015

Neighbourly Nuisance: Ontario Court of Appeal Confirms Nuisance Must Emanate from Another’s Land

A landowner sought to change the law of nuisance by alleging that a prior owner’s remediation of the property was insufficient and therefore interfered with the current owner’s use and enjoyment of the property. The Ontario Court of Appeal disagreed, and instead confirmed that in order to form a tenable claim, the alleged nuisance must originate from somewhere other than on the claimant’s own land. 

Feb 20, 2015

A Final Warning for Improved Anti-Corruption Oversight of Overseas Operations

On February 19, 2015, the RCMP National Division laid corruption and fraud charges against SNC-Lavalin under the Corruption of Foreign Public Officials Act and the Criminal Code, offering a final warning for immediate action by Canadian companies to review current corporate governance practices and implement robust anti-corruption compliance programfor overseas operations. 

Feb 20, 2015

IIROC Releases Revised Sanction Guidelines

The Revised Sanction Guidelines and related Policy Statements released by IIROC provide stakeholders with a clear articulation of the general principles and key factors relevant to the determination of sanctions. By adopting a more principle-driven approach, there will no longer be ‘hard and fast’ rules for setting fines against members and minimum fine requirements and prescribed fine ranges have been suspended. 

Feb 10, 2015

“Nil Consideration” Election for Members of a Closely Related Group – New Filing Requirement and Other Changes

Group Relief Election: Canadian corporations and partnerships that are members of the same closely related group can, in certain circumstances, make an election under section 156 of the Excise Tax Act (Canada) (ETA) to treat certain taxable supplies made between the members as being made for nil consideration. As a result, transactions covered by the election are not subject to the goods and services tax/harmonized sales tax (GST/HST). 

Feb 4, 2015

Divisional Court Confirms the Constitutionality of the Review Process for Renewable Energy Projects under Ontario’s EPA

The Ontario Divisional Court recently released its decision in Dixon v. Director, Ministry of the Environment. In this appeal of three Environmental Review Tribunal decisions, the Court dealt with a challenge to the constitutional validity of the Renewable Energy Approval hearing provisions found in the Environmental Protection Act.

Feb 2, 2015

Supreme Court of Canada’s Tervita decision provides important guidance on Canada’s merger laws

On January 22, 2015, the Supreme Court of Canada released a ground-breaking decision that promises to have a significant impact on the future application of the merger provisions of the Competition Act. This Update reviews the Tervita decision and discusses the ramifications for merging parties and their advisors. 

Jan 30, 2015

TSX Proposes to Expand Exemptions for Interlisted Issuers and to Introduce Shareholder Approval Requirement for Certain Delistings

On January 22, 2015, the TSX published proposals that would allow eligible interlisted issuers to apply to follow the rules of other stock exchanges or jurisdictions, instead of those of the TSX, for an expanded variety of transactions and for corporate governance compliance purposes. As well, the TSX published proposals that would generally require issuers without an alternative market or pending liquidity event to obtain shareholder approval in order to voluntarily delist from the TSX.

Jan 26, 2015

Antitrust Advisory: Implications of the Federal Debarment Policy for Government-Contracting Entities

For entities that contract with the federal government, non-compliance with the Competition Act can result in severe and far-reaching consequences under the government’s Debarment Policy. In this Antitrust Advisory, we highlight the scope and implications of the Debarment Policy, and how you can steer clear of being debarred. 

Jan 26, 2015