Steer clear of non-compliance: Alberta’s new restricted insurance licence for dealership programs

On Dec. 19, 2024, the Office of the Alberta Superintendent of Insurance published a revised version of Interpretation Bulletin No. 05-2024 (the Superintendent’s Revised Bulletin) setting out the Superintendent’s position with respect to products commonly marketed by automobile dealerships in conjunction with the sale of motor vehicles. The original Bulletin published by the Superintendent has not substantively changed, and was previously summarized in an article by BLG found here. The Superintendent’s…

  • Post category:BLG law firm
  • Reading time:9 mins read
Continue ReadingSteer clear of non-compliance: Alberta’s new restricted insurance licence for dealership programs

Ontario’s new Consumer Protection Act: Proposed measures

On December 12, 2024, the Ontario government launched a consultation for the regulations (the Consultation) under Ontario’s new consumer protection legislation. On December 6, 2023, the new Consumer Protection Act, 2023 (the New CPA) received Royal Assent as part of the Bill 142, the Better for Consumers, Better for Businesses Act, 2023. The substance of the New CPA will be detailed in the Proposed Regulations. Once in force, the New…

  • Post category:BLG law firm
  • Reading time:12 mins read
Continue ReadingOntario’s new Consumer Protection Act: Proposed measures

Canada’s new Clean Electricity Regulations

Introduction On Dec. 18, 2024, the finalized Clean Energy Regulations (the Regulation) were published in the Canada Gazette, Part II. Aligning with the release of the final version of the Regulation, the Government of Canada published Powering Canada’s Future: A Clean Electricity Strategy (the Electricity Strategy) on Dec. 17, 2024, which notes that the Regulation is one of the measures that the federal government has taken to help build a…

  • Post category:BLG law firm
  • Reading time:13 mins read
Continue ReadingCanada’s new Clean Electricity Regulations

Court of Appeal declares that India is not immune from the Devas investors’ enforcement efforts and reinstates IATA seizure

The evolving landscape of state immunity in award-enforcement proceedings in Canada The rise of investor-state disputes, which has taken place globally over the last two decades, has led to a growing number of recognition and enforcement proceedings of foreign arbitral awards before Canadian courts by award creditors seeking to execute against the Canadian assets of delinquent sovereign debtors in the recent years. Against this backdrop, the proceedings initiated by the…

  • Post category:BLG law firm
  • Reading time:14 mins read
Continue ReadingCourt of Appeal declares that India is not immune from the Devas investors’ enforcement efforts and reinstates IATA seizure

OSC’s Investment Management Division Report focused on AI, crypto and ESG

Investment Management Division Report On Nov. 5, 2024, the Ontario Securities Commission (OSC) published OSC Staff Notice 81-736 (the Staff Notice), summarizing the activities and regulatory focus of the OSC’s Investment Management Division (IM Division), formerly known as the Investment Funds and Structured Products Branch, for the fiscal year ended March 31, 2024. This bulletin highlights certain key insights from the Staff Notice, including: New artificial intelligence (AI) and cryptocurrency…

  • Post category:BLG law firm
  • Reading time:8 mins read
Continue ReadingOSC’s Investment Management Division Report focused on AI, crypto and ESG

Trade impacts of Canada’s leadership in reducing emissions: Federal standing committee presentation

BLG senior counsel, Rambod Behboodi, was invited to appear before the House of Commons Standing Committee on International Trade on Dec. 9, 2024, to share his thoughts on the potential trade impact of Canada’s leadership in reducing greenhouse gas emissions. The following is his presentation, with French sections translated into English. Good morning, Madame Chair and members of the Committee. It’s an honour to appear before you to discuss trade…

  • Post category:BLG law firm
  • Reading time:7 mins read
Continue ReadingTrade impacts of Canada’s leadership in reducing emissions: Federal standing committee presentation

Patent term adjustment in Canada: More of a unicorn than a safety net

The legislation to implement Canada’s new system of Patent Term Adjustment (PTA) has been registered with the Privy Counsel and has published. The system will come into effect on January 1, 2025. Canada is required to implement PTA in 2025 to offset administrative delay in granting patents under the terms of the Canada-U.S.-Mexico Agreement (CUSMA). Draft amendments to Canada’s Patent Rules were published earlier in the year. The final legislation…

  • Post category:BLG law firm
  • Reading time:6 mins read
Continue ReadingPatent term adjustment in Canada: More of a unicorn than a safety net

Failure to launch: CIPO’s modernization efforts cause patent delays

On July 17, the Canadian Intellectual Property Office (CIPO) launched the new MyCIPO Patents online portal for filing, tracking, and managing patents files, as part of their modernization effort and alignment with the World Intellectual Property Office’s ST.27 standard for the Exchange of Patent Legal Status Data. Significant problems began immediately. Initial issues that appear to have been resolved included: the Canadian Patents Database (CPD) being inaccessible for approximately six…

  • Post category:BLG law firm
  • Reading time:3 mins read
Continue ReadingFailure to launch: CIPO’s modernization efforts cause patent delays

The FCA concludes PMPRB decision re Differin® exceeded the Board’s jurisdiction

The Federal Court of Appeal (FCA) recently issued its decision in the appeal of Galderma’s second judicial review of the decision of the Patented Medicines Price Review Board (the PMPRB) that it had jurisdiction over Galderma’s Differin® product. In a strongly worded decision, the FCA granted Galderma’s appeal and set aside the PMPRB’s decision, holding that the PMPRB does not have jurisdiction over the price of the unpatented Differin® product.…

  • Post category:BLG law firm
  • Reading time:5 mins read
Continue ReadingThe FCA concludes PMPRB decision re Differin® exceeded the Board’s jurisdiction

The U.K.-Switzerland financial services mutual recognition agreement: A model for a future U.K.-EU relationship?

The United Kingdom and Switzerland announced, in December 2023, the signing of a ground-breaking mutual recognition agreement in the financial services sector. The Berne Financial Services Agreement, its proponents promise, opens doors hitherto closed, vistas so far unexplored, and markets yet unexploited. This kind of an agreement — or something like it, or something in the ballpark, or something notionally similar — had eluded U.K. officials in the course of…

  • Post category:BLG law firm
  • Reading time:6 mins read
Continue ReadingThe U.K.-Switzerland financial services mutual recognition agreement: A model for a future U.K.-EU relationship?

Working for Workers Six Act, 2024: New obligations on Ontario employers

On Nov. 27, 2024, just one month after many provisions of Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent, Ontario has proposed Bill 229, the Working for Workers Six Act, 2024. The new legislation, which builds upon its five predecessors, proposes changes that will affect employers, in particular to the Employment Standards Act (ESA) and the Occupational Health and Safety Act (OHSA). Key proposed changes to…

  • Post category:BLG law firm
  • Reading time:3 mins read
Continue ReadingWorking for Workers Six Act, 2024: New obligations on Ontario employers

The SCC lowers the legal threshold for challenging the vires of subordinate legislation

Although the Supreme Court of Canada’s decision in Vavilov1 established a general framework for selecting which standard to apply on judicial review, it left open which standard of review applies to reviewing the vires of subordinate legislation, including regulations and guidelines. Vavilov therefore generated lingering uncertainty about whether pre-Vavilov principles still applied in such cases. The SCC had established in Katz Group2  that a regulation would only be struck down…

  • Post category:BLG law firm
  • Reading time:5 mins read
Continue ReadingThe SCC lowers the legal threshold for challenging the vires of subordinate legislation

Régime de responsabilité sans faute : dommages moraux, perte de salaire et autres préjudices corporels en cas d’accident automobile

L’étendue du régime de responsabilité sans égard à la faute prévu à la Loi sur l’assurance automobile (LAA) a été balisée par la Cour supérieure du Québec dans la décision Roberge c. Compagnie General Motors du Canada, 2023 QCCS 4309. Cette décision synthétise les critères d’application des règles de la LAA en présence d’un accident automobile causant un préjudice. Elle constitue un précédent offrant une référence claire en ce qui concerne…

  • Post category:BLG law firm
  • Reading time:5 mins read
Continue ReadingRégime de responsabilité sans faute : dommages moraux, perte de salaire et autres préjudices corporels en cas d’accident automobile

No certification for Boal investors – Fiduciary duty ruled individual issue

The evolving landscape of fiduciary duties in the investment industry Since the Client-Focused Reforms were introduced in 2019, the investment industry has been closely following whether these reforms will result in Courts imposing fiduciary duties on registrants. Against this backdrop, the proposed class action in Boal v. International Capital Management Inc. et al. (Boal) has been closely watched as a test case. Starting in 2021 and culminating in a 2023…

  • Post category:BLG law firm
  • Reading time:8 mins read
Continue ReadingNo certification for Boal investors – Fiduciary duty ruled individual issue

Conciliation and mediation: The way forward for the WTO?

Over the course of his first term in office, President Trump made no secret of his skepticism towards the World Trade Organization (WTO). In 2018, he threatened to withdraw the United States from the WTO if it did not “shape up”.  During a White House press briefing in September of 2020, he stated that “the WTO, as far as I’m concerned, was created to suck money and jobs out of…

  • Post category:BLG law firm
  • Reading time:38 mins read
Continue ReadingConciliation and mediation: The way forward for the WTO?

Supreme Court of Canada: Landmark decision on corporate attribution and transfers at undervalue

On Oct. 11, 2024, the Supreme Court of Canada (the SCC) released its decision in Aquino v. Bondfield Construction Co. – the first case in which it has addressed the doctrine of corporate attribution in the context of insolvency proceedings. In particular, the SCC considered the way in which the doctrine interacts with section 96 of the Bankruptcy and Insolvency Act (the BIA), also known as the “transfer at undervalue”…

  • Post category:BLG law firm
  • Reading time:10 mins read
Continue ReadingSupreme Court of Canada: Landmark decision on corporate attribution and transfers at undervalue

Court of Appeal finds the British Columbia Securities Commission treated the appellants unfairly: No sheltering behind deference

On November 15, 2024, in Morabito v. British Columbia (Securities Commission), the Court of Appeal for British Columbia allowed the appeals from a decision of the British Columbia Securities Commission because the procedure adopted by the Commission panel hearing the appellants’ abuse of process applications denied the appellants a fair hearing. The Court’s decision confirmed that while deference is generally owed to administrative tribunals such as the Securities Commission, the…

  • Post category:BLG law firm
  • Reading time:6 mins read
Continue ReadingCourt of Appeal finds the British Columbia Securities Commission treated the appellants unfairly: No sheltering behind deference

Recent changes to extended producer responsibility in Canada

Mandatory extended producer responsibility (EPR) systems continue to roll-out in Canadian provinces, making producers responsible for the products and product packaging they supply to consumers. The rollouts include new fees, third party verification of data, significant penalties for non-compliance, and expansion of scope.  Most provinces have now enacted EPR legislation, except for Prince Edward Island, Newfoundland and Labrador, Nunavut and Northwest Territories. As we have discussed in previous articles, EPR…

  • Post category:BLG law firm
  • Reading time:6 mins read
Continue ReadingRecent changes to extended producer responsibility in Canada

Take Two: Proposed Amendments to Alberta’s PPCLA and the PWA​ (Bill 30)

Background On Nov. 4, 2024, the Minister of Service tabled Bill 30, the Service Alberta Statutes Amendment Act, 2024 (Bill 30). Bill 30 introduces proposed amendments to Alberta’s Prompt Payment and Construction Lien Act (the PPCLA) and the Public Works Act (the PWA) that could result in changes to the province’s construction industry. Bill 30 presents an interesting opportunity for the Alberta Legislature to provide additional clarification around the adjudication…

  • Post category:BLG law firm
  • Reading time:6 mins read
Continue ReadingTake Two: Proposed Amendments to Alberta’s PPCLA and the PWA​ (Bill 30)

OCMT chokes on Bitfarms 15 per cent poison pill

The Ontario Capital Markets Tribunal (OCMT) cease traded the Bitfarms Ltd. (Bitfarms) shareholder rights plan pursuant to its public interest powers. The OCMT’s decision found the Plan “undermined, in a real and substantial way, the principles underlying the take-over bid regime.” The reasons for the decision provide important insights into the use of shareholder rights plans to prevent hostile take-over bids. What you need to know The purpose of the…

  • Post category:BLG law firm
  • Reading time:11 mins read
Continue ReadingOCMT chokes on Bitfarms 15 per cent poison pill

Ontario Cyber Security Standard: Impact on licensed electricity transmitters and distributors

On Oct. 1, 2024, amendments to the Ontario Energy Board’s (OEB) Transmission System Code (TSC) and Distribution System Code (DSC, and together, the Codes) came into force. The amendments are intended to facilitate and enhance cyber security readiness, collaboration and innovation in Ontario’s electricity sector. The amendments require licensed electricity transmitters and distributors (utilities) to comply with the new Ontario Cyber Security Standard (the Standard), which lays out cyber security…

  • Post category:BLG law firm
  • Reading time:10 mins read
Continue ReadingOntario Cyber Security Standard: Impact on licensed electricity transmitters and distributors

Buckle up: Alberta’s new guidelines on motor vehicle protection products and potential for captive insurance

On Oct. 10, 2024 the Office of the Alberta Superintendent of Insurance published Interpretation Bulletin No. 05-2024 (the Bulletin) setting out the Superintendent’s position with respect to products commonly marketed by automobile dealerships in conjunction with the sale of motor vehicles. The Bulletin comes on the heels of a similar bulletin published by the British Columbia Financial Services Authority earlier this year. We have been engaged to assist several industry…

  • Post category:BLG law firm
  • Reading time:10 mins read
Continue ReadingBuckle up: Alberta’s new guidelines on motor vehicle protection products and potential for captive insurance

Offshore wind: Canada’s future as a clean energy superpower

Canada, with its vast coastline stretching over 243,000 kilometers, possesses immense potential for offshore wind energy development. Despite this natural advantage, the country has been slow to harness its offshore wind resources compared to other nations. However, recent initiatives and policy changes indicate a growing interest in this renewable energy sector. Current status As of 2024, Canada has no operational offshore wind farms. The country's wind energy sector has primarily…

  • Post category:BLG law firm
  • Reading time:8 mins read
Continue ReadingOffshore wind: Canada’s future as a clean energy superpower

Cleaning up disclosure: CSA provides guidance on AI washing and greenwashing

Disclosure about the adoption of new technologies, such as artificial intelligence (AI), and environmental, social and governance (ESG) matters, including greenwashing, are highlighted in CSA Staff Notice 51-365 – Continuous Disclosure Review Program Activities for the Fiscal Years Ended March 31, 2024 and March 31, 2023 (the Notice) published by the Canadian Securities Administrators (the CSA) on Nov. 7, 2024. The Notice highlights common disclosure deficiencies of reporting issuers through…

  • Post category:BLG law firm
  • Reading time:6 mins read
Continue ReadingCleaning up disclosure: CSA provides guidance on AI washing and greenwashing

Investing in the long game

OSC seeks feedback on a new proposed investment fund that will give retail investors access to long-term illiquid assets On October 10, 2024, the Ontario Securities Commission (OSC) released Consultation Paper 81-737 (the Proposal), to enhance retail investors’ access to long-term illiquid assets (Long-Term Assets) by creating a new investment fund category, the Ontario Long-Term Asset Fund (OLTF). The OSC seeks to expand the opportunity for retail investors to gain…

  • Post category:BLG law firm
  • Reading time:12 mins read
Continue ReadingInvesting in the long game

Swift action needed – New employment legislation changes for Ontario employers

Taylor Swift mania has taken hold of Canada, and alongside it comes important changes to employment and employment-related legislation that Ontario employers need to understand and implement both immediately and in the near future. “Track 5” of the Ontario government’s employment legislation comes in the form of Bill 190, officially titled the Working for Workers Five Act, 2024. Bill 190 makes several amendments to Ontario’s employment standards legislation (ESA) as…

  • Post category:BLG law firm
  • Reading time:5 mins read
Continue ReadingSwift action needed – New employment legislation changes for Ontario employers

How to turn your AI startup into tomorrow’s success story: Tips from Wisedocs founders Connor Atchison and Jenna Earnshaw

Generative AI has been a buzzword in the tech world, and it’s now making inroads into more traditional sectors like insurance. One standout example is Wisedocs, a Toronto-based startup using AI to review and summarize medical records, that recently raised $12.7 million in Series A financing and $4.5 million in growth capital financing with the support of BLG. BLG Partner Frazer House caught up with Wisedocs founders Connor Atchison and Jenna…

  • Post category:BLG law firm
  • Reading time:11 mins read
Continue ReadingHow to turn your AI startup into tomorrow’s success story: Tips from Wisedocs founders Connor Atchison and Jenna Earnshaw

Ten principles for the responsible use of artificial intelligence (AI) by Québec public bodies

The year 2024 is a pivotal year for artificial intelligence regulation around the world with the enactment  of the European Union’s Artificial Intelligence Act, which is already pictured as the golden standard, not unlike what the General Data Protection Regulation had previously achieved. Canada showed leadership of its own in 2022 with the introduction of Bill C-27 and its proposed Artificial Intelligence and Data Act (AIDA). However, since its introduction,…

  • Post category:BLG law firm
  • Reading time:9 mins read
Continue ReadingTen principles for the responsible use of artificial intelligence (AI) by Québec public bodies

Better guidance equals better reporting: Navigating the Supply Chains Act for year 2 reporting

Updated guidance for entities (Guidance) has been published with respect to the reporting obligations under the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the Supply Chains Act). The revisions provide significant clarification in several areas where there was previous uncertainty, including with respect to the definition of “assets” and the type of activities that will trigger a reporting obligation. The Guidance also includes tips for avoiding…

  • Post category:BLG law firm
  • Reading time:5 mins read
Continue ReadingBetter guidance equals better reporting: Navigating the Supply Chains Act for year 2 reporting

Eat, Drink and Be Merry – The federal government announces temporary GST/HST holiday on qualifying goods

On Nov. 21, 2024, the Department of Finance announced temporary goods and services tax/harmonized sales tax (GST/HST) relief on certain qualifying goods as part of the federal government’s wider announcement titled More money in your pocket: A tax break for all Canadians. While the authors generally support substantive tax reform to address Canada’s declining productivity and relieve inflationary pressure on the cost of living for Canadians, temporary GST/HST relief on…

  • Post category:BLG law firm
  • Reading time:6 mins read
Continue ReadingEat, Drink and Be Merry – The federal government announces temporary GST/HST holiday on qualifying goods

OSC short-selling prosecution dismissed

The Ontario Capital Markets Tribunal (the CMT) dismissed the Ontario Securities Commission (OSC) prosecution in Re Cormark Securities Inc. The CMT held that the OSC “failed to prove any of its allegations”, that the transactions in issue were not an illegal distribution, and that the respondents’ conduct did not engage the CMT’s public interest jurisdiction. The CMT’s decision contains helpful guidance for market participants on a number of issues. BLG…

  • Post category:BLG law firm
  • Reading time:7 mins read
Continue ReadingOSC short-selling prosecution dismissed

Ontario’s newly proposed pilot program for automated commercial vehicle testing

Ontario has a new proposed pilot program for testing automated vehicles on Ontario’s public roads. While the initial program commenced in 2016 was restricted to non-commercial automated vehicles (such as passenger vehicles, light-duty delivery trucks/vans, and small shuttles), the Ministry of Transportation of Ontario (MTO) announced on Oct. 16, 2024 a 10-year pilot project called Framework for an Automated Commercial Motor Vehicles (ACMV). The new ACMV project is designed for…

  • Post category:BLG law firm
  • Reading time:4 mins read
Continue ReadingOntario’s newly proposed pilot program for automated commercial vehicle testing

Canadian product liability class actions – Case highlights

*This article was originally published on the American Bar Association website There have been several significant new developments in product-related class actions in Canada in the past two years. These decisions, arising from Ontario, Saskatchewan, and British Columbia provide important insights into how courts are deciding product liability class actions, particularly at the certification motion, and the court’s authority to dismiss putative class actions for delay. This article highlights key…

  • Post category:BLG law firm
  • Reading time:13 mins read
Continue ReadingCanadian product liability class actions – Case highlights

Federal Court of Appeal finds lengthy and complex privacy policies breached meaningful consent

In its recent decision, Canada (Privacy Commissioner) v. Facebook, Inc., 2024 FCA 140, the Federal Court of Appeal explored, defined, and explained two requirements of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 (PIPEDA): (1) the requirement that an organization must obtain “meaningful consent” to collect, use, or disclose any personal information; and (2) the requirement that an organization safeguard all personal information once collected. Since…

  • Post category:BLG law firm
  • Reading time:16 mins read
Continue ReadingFederal Court of Appeal finds lengthy and complex privacy policies breached meaningful consent

Canada’s proposals for implementing a modernized CEPA

On Oct. 2, 2024, Environment and Climate Change Canada (ECCC) published three proposals for implementing changes to the Canadian Environmental Protection Act (CEPA), one of Canada’s core environmental laws regulating toxic substances and pollution. All three proposals relate to the CEPA modernizations made in June 20231, which we first wrote about when Bill S-5, the Strengthening Environmental Protection for a Healthier Canada Act, was enacted, marking the first major update…

  • Post category:BLG law firm
  • Reading time:11 mins read
Continue ReadingCanada’s proposals for implementing a modernized CEPA

Costlier goodbyes: Increased termination notice entitlements under the Canada Labour Code as of February 2024

This article was orginally published on Sept. 26, 2023 and updated on Jan. 17, 2024: On Sept. 26, 2023, we published an article (see below) regarding the amendments to the Canada Labour Code that would, among other things, greatly increase the individual termination notice entitlements of employees working for federally regulated employers. As a reminder, these amendments are coming into force on Feb. 1, 2024. It is to be noted…

  • Post category:BLG law firm
  • Reading time:6 mins read
Continue ReadingCostlier goodbyes: Increased termination notice entitlements under the Canada Labour Code as of February 2024

Do fixed-term independent contractors have a duty to mitigate?

Fixed-term contracts are often complex and can create risk. Companies looking to terminate fixed-term contracts with their independent contractors can breathe a bit easier after an Ontario appeal court found that, generally, independent contractors under fixed-term contracts have a duty to mitigate their damages. This diverges from the approach the same court has applied for employees. Trial Court – No duty to mitigate, like employees! In Monterosso v. Metro Freightliner…

  • Post category:BLG law firm
  • Reading time:5 mins read
Continue ReadingDo fixed-term independent contractors have a duty to mitigate?

key considerations when investigating and reporting white-collar crime

In late 2022, the Canadian Bar Association released the Guide for Internal Investigations of White-Collar Crime (the Guide)1, which consolidates and clarifies best practices for corporations conducting an internal investigation in response to suspicions or allegations of criminal activity. While the Guide will help to promote consistency in approach, practitioners continue to look for guidance from Canadian courts on key issues with respect to the conduct of investigations and issues…

  • Post category:BLG law firm
  • Reading time:4 mins read
Continue Readingkey considerations when investigating and reporting white-collar crime

Jurisdictional issues: Challenges of multi-jurisdictional proceedings

Ontario recently amended its class proceedings legislation to include multi-jurisdictional provisions that are like provisions that already exist in British Columbia, Alberta and Saskatchewan.1 Few courts have considered these provisions, but the decisions that are available provide insight into the circumstances when a court may, or may not, certify (or stay) a multi-jurisdictional class proceeding before it, and the timing for hearing such an application. To date, this analysis has turned…

  • Post category:BLG law firm
  • Reading time:9 mins read
Continue ReadingJurisdictional issues: Challenges of multi-jurisdictional proceedings

What you need to know about PFAS

Global awareness of the risks and liabilities associated with the use and persistence of per- and polyfluoroalkyl substances (PFAS) has been growing over the past two decades. In response, governments in Canada and elsewhere have been grappling with how to regulate these “forever chemicals.” As discussed in our prior article, Understanding PFAS in Canada: An emerging risk, PFAS are a group of over 4,700 synthetic chemicals characterized by a fluorinated…

  • Post category:BLG law firm
  • Reading time:20 mins read
Continue ReadingWhat you need to know about PFAS