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Publications for 2013

 

Recent News & Articles

Canada Ratifies World Bank’s Treaty on Investment Disputes - Barry Leon and John Siwiec

December 30, 2013

PDF DOWNLOAD On December 1, 2013, Canada became the 150th country to join the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (“ICSID ...

The Capital Gain Exemption on the Sale of Shares - Jonathan M. Charron

December 23, 2013

PDF DOWNLOAD There are various ways to structure the sale of a business in a tax-efficient manner. These include a share sale, an asset sale or a hybrid transaction. From the vendor’s ...

Perlaw Reporter - December 2013

December 19, 2013

The December edition of the Perlaw Reporter is now available. Please click here to view.

Digital and Internet Age Meet the Law of Search and Seizure - Margaret R. Truesdale

December 17, 2013

PDF DOWNLOAD The title of this article is taken directly from the first sentence of the Supreme Court of Canada decision of R. v. Vu released November 7, 2013 (“Vu”).  This case ...

Canada’s “Tour Tax”: Will New Foreign Worker Fees Cripple Music Venues? - Warren L. Creates & Jacqueline J. Bonisteel

November 26, 2013

PDF DOWNLOAD As a result of changes to Canada’s Temporary Foreign Worker Program, certain venues will need to pay $275 for each individual foreign musician and crew member when they book ...

Issues to Consider for Corporations Contemplating Crowdfunding - David J. Lowdon

October 29, 2013

PDF DOWNLOAD The Ontario Securities Commission (the “OSC”), has taken the first step towards considering a potential crowdfunding exemption as part of its wider review of the exempt ...

The Bellagio Gambles on “Use” Under Canadian Trade-mark Law and Loses - Paul W. Braunovan

October 28, 2013

PDF DOWNLOAD An administrative decision of the Trade-marks Opposition Board confirms that a trade-mark owner will not be able to prove use of a trade-mark in association with services unless the ...

Avoiding a Bad Breakup: The Shareholders’ Agreement - Conor Cronin

September 12, 2013

PDF DOWNLOAD After you have decided to go into business with one or a group of other entrepreneurs and your start-up is ready to incorporate, you and your co-founders should consider entering a ...

Are You Ready? Canada’s Anti-Spam Legislation and its Effect on Businesses - Philip M. Aubry

August 30, 2013

PDF DOWNLOAD You have all received the emails requesting money transfers and/or the emails from a banker claiming you have inherited money from a distant relative or wealthy individual from ...

Proposed Changes to Rules Governing Shareholder Rights Plans - Tiffany Lee Bianchi

August 15, 2013

PDF DOWNLOAD On March 13, 2013 the Canadian Securities Administrators (CSA) published for comment proposed National Instrument 62-105 Security Holder Rights Plans (the “Proposed ...

Good News for Owners of Certification Marks in Canada - Marina Stipanac

August 14, 2013

PDF DOWNLOAD Trademark is defined in Canada as being: a mark used by a person to distinguish his or her goods or services from those of others; a certification mark;  a distinguishing ...

Director Liability for Unpaid Employee Wages - Jessica Barrow

August 13, 2013

PDF DOWNLOAD It is an essential legal principle that a corporation possesses an independent legal personality and constitutes a separate legal entity.  Ordinarily, courts are reluctant to ...

Oppression Remedy for Third Party Security Holders and Creditors - Owen Bourns

August 12, 2013

PDF DOWNLOAD The oppression remedy is a statutory remedy found at s.248 of the Ontario Business Corporations Act (“OBCA”) and s.241 of the Canadian Business Corporations Act ...

Living Without Status in Canada? You May Have Options - Warren L. Creates & Jacqueline J. Bonisteel

August 09, 2013

PDF DOWNLOAD An estimated 200,000 to 500,000 people are currently living without status in Canada. Many have lived under the radar for years, some since childhood. Others have more recently ...

Ontario Court of Appeal Highlights Importance of Dispute Resolution Provisions - John Siwiec

August 08, 2013

PDF DOWNLOAD Ontario’s Court of Appeal ruled recently that Ontario courts cannot dispense with, substitute or validate service of Ontario court documents on a defendant in a country that ...

Protecting Against Unfair Competition from your Employees - Karin Pagé

July 15, 2013

PDF DOWNLOAD No one wants to plan for a divorce when planning their wedding, nor does one want to think about termination of employment at the hiring stage. Prudent employers, however, should ...

Start-Up Visa Seeks to Attract the Next Zuckerburg to Canada - Warren Creates & Jacqueline J. Bonisteel

June 19, 2013

PDF DOWNLOAD While it is an uphill battle to lure Silicon Valley entrepreneurs away from California’s vibrant community of tech start-ups, Canada is taking on the challenge. The new ...

The Supreme Court of Canada Continues to Struggle with 21st Century Technology - By Margaret Truesdale

May 31, 2013

PDF DOWNLOAD The Supreme Court of Canada has rendered a number of judgments over the course of the last year which grappled with the application of laws to 21st century technology.  In R v ...

Is Crowdfunding Investment Coming to Ontario? - By David J. Lowdon

May 10, 2013

PDF DOWNLOAD The passage of the JOBS Act in the United States, which includes provisions for crowdfunding investment, has led to suggestions that Ontario should also allow crowdfunding ...

What Does the Recent Controversy Mean for Canada’s Temporary Foreign Worker Program? - Warren L. Creates & Jacqueline J. Bonisteel

April 29, 2013

PDF DOWNLOAD Over the past few weeks, Canada’s Temporary Foreign Worker Program has been a hot topic for every major media outlet in the country. Reactions to recent controversy ...

New Legislation to Combat Counterfeiting in Canada - Paul W. Braunovan

April 22, 2013

PDF DOWNLOAD Pending legislation in Canada aims to make it easier for intellectual property rights owners to enforce their rights against counterfeiters.  Bill C-56 An Act to amend the ...

Perlaw Reporter - April 2013

April 09, 2013

For the April edition of the Perlaw Reporter, please click here.

Comment Period Closes on OSC’s Consideration of a Crowdfunding Prospectus Exemption - Conor J. Cronin

April 08, 2013

PDF DOWNLOAD On December 14, 2012, the Ontario Securities Commission (OSC) released Staff Consultation Paper 45-710 requesting comments on proposed changes to rules regarding prospectus ...

Damages for Online Defamation - Owen Bourns

March 19, 2013

PDF DOWNLOAD […] the Internet is also potentially a medium of virtually limitless international defamation [emphasis added]. -  R.A. Blair J.A., Ontario Court of Appeal ...

Exempt Market Dealers’ Misuse of the ‘Accredited Investor’ Exemption in Private Placement Financings - Tiffany Lee Bianchi

February 26, 2013

PDF DOWNLOAD In November 2012 the Ontario Securities Commission (“OSC”) released a report entitled OSC Staff Notice 33-738 2012 Annual Summary Report for Dealers, Advisers and ...

What’s New for Trade-mark Owners Doing Business in Quebec? - Marina Stipanac

February 22, 2013

PDF DOWNLOAD French language became the official language in the province of Quebec in 1974. Companies doing business in Quebec must ensure that they follow the strict language rules ...

Making a Refugee Claim in Canada: What You Need to Know - Warren Creates & Jacqueline Bonisteel

February 15, 2013

PDF DOWNLOAD Are you or someone you know planning to come to Canada to claim refugee status? If so, you should know that the refugee determination process from within Canada has recently ...

Limitations on RRSP Investments in Private Company Shares - Jonathan Charron

February 13, 2013

PDF DOWNLOAD Registered Retirement Savings Plans (RRSP) allow savings for retirement to grow tax free in a special savings plan registered by the Canada Revenue Agency. An annuitant can also ...

Canada Adopts Notice-and-Access - Philip M. Aubry

January 30, 2013

PDF DOWNLOAD On November 29, 2012, the Canadian Securities Administrators (“CSA”) adopted amendments to National Instrument 54-101 Communication with Beneficial Owners of ...

New Federal Skilled Trades Program Unveiled - Warren Creates and Jacqueline Bonisteel

January 15, 2013

PDF DOWNLOAD On January 2nd, 2013, Citizenship and Immigration Canada began accepting applications to the new Federal Skilled Trades Program. The Program offers permanent resident status to ...

Bill 55 – Shifting the Cost into the Hands of the Average Homeowner - Martin St-Onge

January 14, 2013

PDF DOWNLOAD Ontario’s Bill 55, the Strong Action for Ontario Act (Budget Measures), 2012 contains proposed changes to many existing statutes. As a real estate lawyer, I am primarily ...