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

  • Post category:BLG law firm
  • Reading time:5 mins read

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…

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

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  • Reading time:6 mins read

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…

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

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  • Reading time:3 mins read

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,…

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

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  • Reading time:5 mins read

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…

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

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  • Reading time:5 mins read

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…

No certification for Boal investors – Fiduciary duty ruled individual issue

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  • Reading time:8 mins read

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…

Conciliation and mediation: The way forward for the WTO?

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  • Reading time:38 mins read

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…

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

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  • Reading time:6 mins read

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…

Recent changes to extended producer responsibility in Canada

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  • Reading time:6 mins read

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,…

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

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  • Reading time:6 mins read

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…

OCMT chokes on Bitfarms 15 per cent poison pill

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  • Reading time:11 mins read

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…

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

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  • Reading time:10 mins read

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…

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

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  • Reading time:10 mins read

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…

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

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  • Reading time:8 mins read

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…

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

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  • Reading time:6 mins read

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…

Investing in the long game

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  • Reading time:12 mins read

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…

Swift action needed – New employment legislation changes for Ontario employers

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  • Reading time:5 mins read

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…

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

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  • Reading time:11 mins read

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…

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

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  • Reading time:9 mins read

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…

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

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  • Reading time:5 mins read

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…

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

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  • Reading time:6 mins read

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…

OSC short-selling prosecution dismissed

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  • Reading time:7 mins read

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…

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

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  • Reading time:4 mins read

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…

Canadian product liability class actions – Case highlights

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  • Reading time:13 mins read

*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,…

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

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  • Reading time:16 mins read

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,…

Canada’s proposals for implementing a modernized CEPA

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  • Reading time:11 mins read

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…

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

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  • Reading time:6 mins read

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…

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

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  • Reading time:5 mins read

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…

key considerations when investigating and reporting white-collar crime

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  • Reading time:4 mins read

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…

Jurisdictional issues: Challenges of multi-jurisdictional proceedings

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  • Reading time:9 mins read

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)…

What you need to know about PFAS

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  • Reading time:20 mins read

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,…

Canadian corporate beneficial ownership registry requirements

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  • Reading time:6 mins read

In March 2023, Industry Minister Francois-Philippe Champagne tabled legislative amendments regarding the creation of a Canadian corporate beneficial ownership registry. The proposed amendments, which recently passed the second reading in the House of Commons,1 apply to entities incorporated under the Canada Business Corporations Act (the CBCA). Non-compliance with the proposed…

CSA guidance on Public Crypto Funds – What fund managers need to know

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  • Reading time:10 mins read

The number and size of public investment funds in Canada that hold crypto assets (Public Crypto Asset Funds) has grown rapidly since the first Public Crypto Asset Fund was launched in Canada in 2020. On July 6, 2023, the Canadian Securities Administrators (CSA) published CSA Staff Notice 81-336 Guidance on…

Mandatory tax disclosure requirements for taxpayers, promoters and advisors

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  • Reading time:12 mins read

Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023 (Bill C-47), received royal assent on June 22, 2023. Bill C-47 includes a major expansion of the mandatory disclosure rules for “reportable transactions” and the introduction of disclosure requirements for “notifiable transactions”.…

Cross border M&A – Tips for international buyers doing deals in Canada

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  • Reading time:10 mins read

Doing an M&A transaction across borders means increased complexity and risk for the parties involved, but careful planning — guided by experienced advice — can help ensure nothing gets lost in translation. Our first set of 10 tips for U.S. professionals doing private M&A deals in Canada covers everything from…

Cybersecurity guidance for small organizations

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  • Reading time:11 mins read

Cybersecurity is a significant challenge for organizations of all kinds and sizes, including small organizations with limited resources for a cybersecurity program. Each of the Canadian Centre for Cyber Security (CCCS), the United States Cybersecurity & Infrastructure Security Agency (CISA), and the Australian Cyber Security Centre (ACSC) have issued recent…

Shell directors not liable in U.K. for climate change policies

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  • Reading time:7 mins read

To add to climate change litigation in recent past years, the United Kingdom High Court has now dismissed an environmental organization’s derivative action against the board of directors of Shell plc (Shell). In ClientEarth v. Shell plc and others [2023] EWHC 1137 (Ch) , the High Court found that the…

Dr. Heidi Gardner: 6 tips for smarter corporate collaboration

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  • Reading time:7 mins read

You’ve likely heard collaboration categorized as a “soft skill.” Distinguished Harvard Fellow and award-winning author, Dr. Heidi Gardner, says that’s not true. Dr. Gardner was in Toronto for BLG’s smarter collaboration session, sharing the stage with Patrice Walch-Watson, senior managing director, general counsel and corporate secretary for Canadian Pension Plan…

Five Year non-competition covenant in Canada: Reasonable

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  • Reading time:4 mins read

Non-competition covenants are regularly included in commercial agreements related to the purchase of a business and are critical in ensuring that the vendor of a business does not compete following the sale. However, even in commercial agreements, to be enforceable, non-competition covenants must be reasonable in geographic scope, length of…