The OSC’s prospectus filing deadlines – explained

The OSC has recently reminded issuers of its filing deadlines for prospectuses and the procedures for requesting a prospectus receipt on the day of...

Is a franchisee an employee?

The nature of the franchise agreement is that the franchisor exercises some control over the way the franchisee operates its company.

Un franchisé est-il un salarié?

La Cour d’appel confirme qu’un contrôle serré sur la façon dont le franchisé exploite son entreprise peut mener à la qualification du...

U.S. Supreme Court to rule on deference owed to SEC interpretation of securities legislation

We have previously discussed the pending appeal in Digital Realty Trust v. Somers, in which the U.S. Supreme Court will determine the scope of the...

Confidentiality and misconduct considerations related to employee workplace recordings

In Hart v. Parrish & Heimbecker, Limited [2017] MBQB 68, the trial judge considered an employee’s secret recordings with senior management in...

Mars Canada Inc. v. Bemco Cash & Carry Inc.: No Appeal to the Divisional Court from order where reference directed on damages

In Mars Canada Inc. v Bemco Cash & Carry Inc., the Ontario Divisional Court held that it did not have jurisdiction to hear an appeal where the...

Welcome to the Canadian pharmaceutical patent dance

For nearly 25 years, Canada’s Patented Medicines (Notice of Compliance) Regulations have been the cornerstone of pharmaceutical patent litigation...

Too many men on the ice – court imposes cost consequences on “over-pleaded” class action

Justice Perell’s costs decision in Berg v. Canadian Hockey League, 2017 ONSC 5382 is a stern warning that, in certification motions,...

OSC Staff’s latest views have implications for capital markets transactions – Highlights from the 2016-2017 Annual Report of the Corporate Finance Branch

The Corporate Finance Branch of the Ontario Securities Commission released its latest Annual Report on September 21, 2017. We highlight 6 areas of...

“Who did I make a deal with?” – the sequel: Québec Court of Appeal confirms authorization of a consumer class action for false representations against a franchisor

On November 17, 2016, we published a blog post on a Superior Court of Québec judgment that authorized a consumer class action against, among others,...