Dealing with financial distress

Faced with a ‘hopelessly optimistic’ management team, itʼs the boardʼs job to track risk, bolster liquidity and avert disaster

Should Canadian entrepreneurs incorporate in the United States?

Canadian entrepreneurs often look to the United States for the future financial prospects of their startups, primarily through development funding...

Court of Appeal panel reconstitutes itself as Divisional Court in exceptional case

In Bernard Property Maintenance v. Taylor, 2019 ONCA 830, a panel of the Court of Appeal for Ontario reconstituted itself as a panel of the...

The Changing Workplace: Remote Working and Courts Increasing Severance Costs

During these unprecedented times, the workplace environment has been shifting to more employees working remotely. 

CSA issues guidance that securities legislation likely applies to custodial cryptoasset trading platforms

On January 16, 2020, the Canadian Securities Administrators (CSA) released CSA Staff Notice 21-327 Guidance on the Application of...

Turning the Page? SNC Pleads Guilty to Fraud Relating to Libya Work; Former Executive Sentenced for Fraud, Corruption

On December 18, 2019 a division of SNC-Lavalin Group Inc. pleaded guilty to fraud  in relation to the company’s activities in Libya, to...

Provincial payer quashes attempted drug evergreening strategy

In a recent Alberta Court of Queen’s Bench decision, the Court considered the reasonableness of an approach taken by the Alberta Minister of Health...

Let’s be “mutually exclusive” – Alternative procedures in the preferable procedure analysis

In the recently released decision Whitehouse v. BDO Canada LLP, Justice Perell rejected the Defendant’s arguments regarding the preferable...

Supreme Court of Canada reshapes standards of review for administrative appeals

In Canada (Minister of Citizenship and Immigration) v. Vavilov, the Supreme Court of Canada recently determined that the appellate standards of...

Supreme Court Majority alters framework for judicial reviews and statutory appeals

On December 19, 2019, the SCC issued its decisions in Canada (Minister of Citizenship and Immigration) v. Vavilov and Bell Canada v. Canada (Attorney...