The Ontario Court of Justice recently released a noteworthy decision considering the definition of “security” under the Ontario Securities Act (the Act).
November 29, 2016
With the Christmas season around the corner, many are looking forward to the statutory holidays.
November 28, 2016
In a recent decision, a unanimous Ontario Court of Appeal reaffirms that when it comes to tort law, “Sentiment is not principle”: the victim of a crime can and will be found liable for injuries suffered by a thief if those injuries were reasonably foreseeable in the circumstances.
November 25, 2016
Who can be forced to adjudicate a dispute by arbitration when that dispute involves strangers to the arbitration clause?
November 24, 2016
Welcome to our third edition of Competition World in 2016 focusing on technology. Our teams from around the world share their insights into the role of technology in investigations, how technology is being manipulated by cartelists, how policy is evolving to keep up with technological advancements and the competition implications of digital disruption, among other hot topics.
A recent US court ruling that Microsoft did not have to produce emails hosted on a server outside the US has raised many questions about the scope of the ruling and whether it will impact antitrust investigations. This article will review the Microsoft opinion, consider its impact on whether antitrust authorities can obtain data located on foreign servers, and discuss the approaches of Canada and the European Union.
Among the many changes introduced by Canada’s new Liberal government in the fall of 2015, a notable one for competition lawyers was the rebranding of the Department of Industry as the Department of Innovation, Science and Economic Development (ISED). The ISED Minister was tasked with helping “Canadian businesses grow, innovate and export so that they can create good quality jobs and wealth for Canadians.” Canada’s Commissioner of Competition, who is responsible for the administration and enforcement of the Competition Act, reports to the ISED Minister.
When amendments to the Canadian take-over bid regime were announced and implemented earlier this year, there was speculation as to the continued relevance and importance of shareholder rights plans (poison pills).
The value of reliance on a trade-mark registration, as opposed to prior use, stands out sharply in the recent Federal Court of Appeal case of Pizzaiolo Restaurants Inc. v. Les Restaurants La Pizzaiolle Inc. ( 2016 FCA 256 October 28, 2016).
November 22, 2016
On November 17th, the Canadian Securities Administrators (CSA) issued Staff Notice 31-347 (the Notice), which provides information and guidance to portfolio managers
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