Canada: Corporate Digest @ Gowlings: May 1, 2010

Last Updated: May 11 2010

Edited by Rod Seyffert

What's New @ Gowlings

Gowlings Named Patent Prosecution Firm of the Year for Third Consecutive Year

Once again Gowlings has been named the Canadian Patent Firm of the Year for 2010 for the third year running by Managing Intellectual Property (MIP) magazine. Additionally, the Firm has been recognized as a leader in trade-mark and copyright law for both Canada and Russia by the MIP World IP Survey. Gowlings has a history of leadership in the MIP World IP Survey, having been ranked among the top law firms in patent, trade-mark and copyright law consistently since the survey's inception in 1996.

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Contents

A. DIGESTED ARTICLES

  • First PMPRB Decision Dismissing Allegations of Excessive Pricing
  • Cost Recovery Under the Human Rights System - Is it an Urban Myth?
  • Alberta Reduces Oil and Gas Royalty Rates
  • Ontario Power Authority Announces Initial Feed-In Tariff Contract Recipients
  • Smart Grid Challenges and Choices Report Released
  • Local Distribution Companies Corner - Enercom 2010: Exploring the Promise of a Smarter, Greener Ontario
  • Proposed Amendments to the Canadian Environmental Assessment Act
  • A Supreme Court of Canada Decision on Project Scoping Under the Canadian Environmental Assessment Act
  • Federal Government Response to Comments Received on the Proposed Agreement with Québec to Implement Federal Pulp and Paper and Metal Mining Regulations
  • Stronger Air Emissions Standards Now in Effect in Ontario
  • Ontario to Modernize Environmental Approvals Process
  • Designation of Renewable Energy Projects and Sources under section 5 of the Green Energy Act, 2009 (Ontario)
  • The Town of Oakville Air Quality By-law
  • 20 Years of Environmental Law at Gowlings
  • Proposed Extended Producer Responsibility Regulations for Managing End-of-Life Ozone-Depleting Substances and their Halocarbon Alternatives
  • Ontario Proposed Regulations on Protection of Sources of Drinking Water
  • British Columbia Introduces New Recycling Regulations
  • British Columbia Working with California to Reduce Vehicle Emissions
  • Soil, Groundwater and Sediment Quality Criteria in Ontario: A History of their Development from the 1970s to December 2009
  • Ontario's Proposed Legislative Framework for Modernizing Environmental Approvals
  • Proposed Amendments to the Environment Act (Québec) relating to Fees Payable for Municipal Recovery and Reclaiming of Residual Materials
  • Federal Tailpipe Greenhouse Gas Emission Standards Released
  • Equity Compensation Becomes Less Attractive Under the Federal 2010 Budget
  • Franchising and Change in the Hotel Industry
  • Are you a "Steward" under Ontario's Blue Box Program?
  • The Uses and Abuses of the Precautionary Principal
  • New Guidelines for "Specialized Knowledge" Intra-Company Foreign Employee Transfers to Canada
  • New Guidelines for Intra-Company Foreign Employee Transferee Work Permits for Start-Ups
  • Proving Language Proficiency of Canadian Permanent Resident Applicants
  • Clarification of Continuous Full-time Employment for Permanent Resident Applications
  • Canada and British Columbia Sign New Immigration Agreement
  • A Tale of 26 Lubricated Seals: The Supreme Court of Canada Provides Clarity on the Exclusion for "Faulty or Improper Design"
  • The Supreme Court of Canada's Decision in Co-Operators Life Insurance v. Gibbens
  • Risk Management - A Hot Topic
  • A Refresher on Settlement under the Minors' Property Act (Alberta)
  • Insurer Estopped From Denying Coverage
  • Ontario Government Reforms to Ontario's Prescription Drug System Announced
  • Regime Change: Application of Section 116 Certificate Process Limited by the 2010 Federal Budget

B. OTHER RECENT PUBLICATIONS BY GOWLINGS PROFESSIONALS

  • Feeling Full Satisfying Hunger
  • Doing Business in Canada: Advertising
  • Doing Business in Canada: Franchise Law
  • Doing Business in Canada: Employment and Labour Law
  • Doing Business in Canada: Québec
  • Can a Franchise be a Security?
  • Getting the Deal Through - Private Equity 2010
  • February 2010
  • 2010, A Year of Big Decisions in Intellectual Property

C. COURSES AND SEMINARS CURRENTLY OFFERED BY GOWLINGS

  • 2010 Gowlings' Annual Taxation Law Seminars, Cross-Canada
  • Complying with Bill 168, Ontario's New Workplace Violence and Harassment Legislation
  • Gowlings Legal Seminars for Manufacturers, Ontario

D. GOWLINGS MULTIMEDIA RESOURCES OF INTEREST TO SENIOR EXECUTIVES AND GENERAL COUNSEL

  • Occupational Health and Safety Group Podcasts
  • Gowlings Trendwatch
  • Whiteboard Tech Law

A. DIGESTED ARTICLES

First PMPRB Decision Dismissing Allegations of Excessive Pricing

The Patented Medicine Prices Review Board (PMPRB) recently released its decision in the matter of Hoechst Marion Roussel Canada Inc. and the medicine NICODERM, a nicotine patch which assists those who are attempting to quit smoking. The issue in this case as discussed in the digested article was whether NICODERM had been sold at excessive prices. In holding that a higher priced non-patented nicotine patch, should have been included in the comparative class, a Hearing Panel has for the first time since the PMPRB's creation in 1987 has rejected outright the allegations of excessive pricing made by PMPRB staff.

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Cost Recovery Under the Human Rights System – Is it an Urban Myth?

The Supreme Court of Canada's agreement to hear an appeal raising the issue of whether costs can be awarded by the Human Rights Commission (Canada) is the springboard for a discussion in this article of the practices of human rights commissions in other jurisdictions granting costs against unsuccessful litigants.

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Alberta Reduces Oil and Gas Royalty Rates

On March 11, 2010 the Government of Alberta announced a reduction in the royalties payable by producers of petroleum and natural gas wells on Crown lands. The effect of this announcement is to substantially reverse the Alberta Royalty Framework (ARF) which was introduced in October of 2007 for the stated purpose of ensuring that the Province received its fair share of the benefits of energy development. The New Royalty Reduction Program is in essence a return to the pre-ARF royalty scheme. The features of the new royalty reduction scheme and the response of the oil and gas industry are detailed in this article.

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Ontario Power Authority Announces Initial Feed-In Tariff Contract Recipients

In March and April, the Ontario Power Authority (OPA) announced the approval of 694 new renewable energy generation projects to be built in the Province of Ontario over the next few years. This article describes the nature of the projects, their geographical diversity and the renewable energy being generated as well as the economic impact on the jobs being created.

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Smart Grid Challenges and Choices Report Released

This article summarizes Smart Grid Challenges & Choices, a report published by Oracle, the software applications service provider. The report surveyed 150 North American senior utility executives with 45% of those interviewed noting that Canada was their primary country of operation, who discussed what they believed would be their primary focus in the coming year.

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Local Distribution Companies Corner - Enercom 2010: Exploring the Promise of a Smarter, Greener Ontario

This article provides a summary of this year's Enercom 2010 conference which explored the economic impact of a smarter, greener energy industry on the Ontario market. The conference included a roster of speakers discussing topical issues such as (i) a national energy strategy for Canada; (ii) smart grid developments in the United States; and (iii) strategies being implemented by Ontario's local distribution companies.

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Proposed Amendments to the Canadian Environmental Assessment Act

Earlier this year, the Supreme Court of Canada (SCC) released its decision in Mining Watch Canada v. Canada (Fisheries and Oceans). The SCC found that federal agencies designated as responsible authorities under the Canadian Environmental Assessment Act (CEAA) could not "scope" projects to avoid the application of the Comprehensive Study List Regulations. In attempting to clarify what "scoping powers" were provided for under section 15 of the CEAA, the SCC clarified that while federal authorities can "scope" projects to include more than the activities included in a proponent's project description, they could not "scope" projects so as to include less. In likely reaction to this decision, the Canadian Government introduced legislation as part of the 2010 Budget discussed in this article to enable the Minister or his agent to limit the scope of federal environmental assessment.

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A Supreme Court of Canada Decision on Project Scoping Under the Canadian Environmental Assessment Act

This case comment summarizes and analyses the decision of the Supreme Court of Canada in Mining Watch Canada v. Red Chris Development Company Ltd referred to in the prior digest.

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Federal Government Response to Comments Received on the Proposed Agreement with Québec to Implement Federal Pulp and Paper and Metal Mining Regulations

On February 6, 2010, Environment Canada released notice of its response to comments received on the proposed agreement between Québec and the Government of Canada to proceed to implement the Federal Pulp and Paper and Metal Mining regulations in Québec. This article discusses one of the submissions which was received from the Québec Forest Industry Council and Environment Canada's response.

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Stronger Air Emissions Standards Now in Effect in Ontario

As of February 1, 2010, industrial facilities located in Ontario are required to meet more stringent air quality standards for thirty-three air contaminants listed in this Article.

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Ontario to Modernize Environmental Approvals Process

On March 2, 2010, the Ontario Ministry of Environment released a Discussion Paper outlining a proposed legislative framework for modernizing the provincial regulatory approvals process as part of its Innovation Agenda and commitment to Open for Business initiative. Highlights of the Discussion Paper including proposals for amendments to the Environmental Protection Act and the Ontario Water Resources Act are summarized in this article.

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Designation of Renewable Energy Projects and Sources under section 5 of the Green Energy Act, 2009 (Ontario)

The Province of Ontario has published regulations under the Green Energy Act, 2009 (Ontario)(GEA) which designates the use of photovoltaic technology, under prescribed circumstances, as qualifying as a renewable energy project under the GEA. The Regulation also designates the use of certain prescribed ground source heat pumps and solar thermal systems as qualifying as a renewable energy sources under the GEA. As discussed in the article, in taking this action, Ontario has superseded any municipal by-laws restricting their use.

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The Town of Oakville Air Quality By-law

On February 1, 2010, the Town of Oakville became the first municipality in Ontario to regulate air quality generally as well as the first level of government to regulate fine particulate matter. The article describes how the municipality intends to go about regulating air quality.

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20 Years of Environmental Law at Gowlings

This article excerpts remarks made by former Gowlings partner, Madame Justice Katherine van Rensburg of the Superior Court of Ontario on February 4, 2010 to commemorate 20 years of environmental law at Gowlings. In her speech, Justice van Rensburg comments on changes in environmental law that have occurred over the last 20 years.

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Proposed Extended Producer Responsibility Regulations for Managing End-of-Life Ozone-Depleting Substances and their Halocarbon Alternatives

Environment Canada has issued a consultation draft in connection with its proposed regulations to manage the end-of-life of ozone-depleting substances and their halocarbon alternatives. As described in the article, the proposed regulations would require importers, manufacturers, distributors and reclaimers of chlorofluorocarbons, hydrochlorofluorocarbons, hydrofluorocarbons and perfluorocarbons for use in the cooling sector to participate in an extended producer responsibility program.

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Ontario Proposed Regulations on Protection of Sources of Drinking Water

The Province of Ontario has issued a draft regulation, the provisions of which are discussed in this article, in support of (Drinking Water) Source Protection Committees mandated under the Clean Water Act (Ontario) to develop Source Protection Plans to ensure that threats to the sources of drinking water are properly managed.

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British Columbia Introduces New Recycling Regulations

This article discusses British Columbia's new regulation to require recycling by July, 2011 of lead-acid batteries and antifreeze.

More

British Columbia Working with California to Reduce Vehicle Emissions

The British Columbia Government and the California Air Resources Board have signed a Memorandum of Understanding to pave the way for more stringent greenhouse gas emissions standards for 3 classes of new motor vehicles.

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Soil, Groundwater and Sediment Quality Criteria in Ontario: A History of their Development from the 1970s to December 2009

This article briefly discusses a report released by the Environmental Commissioner of Ontario which records the history of the development of soil, groundwater and sediment standards for the Province of Ontario.

More

Ontario's Proposed Legislative Framework for Modernizing Environmental Approvals

The Government of Ontario intends to introduce legislation that, if passed, would enable the implementation of a modernized environmental approval system in Ontario. The Ministry of the Environment expects to begin introducing changes to the environmental approvals system by September 2012. This article identifies the key objectives of the new approvals process.

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Proposed Amendments to the Environment Act (Québec) relating to Fees Payable for Municipal Recovery and Reclaiming of Residual Materials

Québec Bill 88 to amend the Environment Quality Act (Québec) was tabled before the Québec National Assembly on March 18, 2010. As discussed in this article, the Bill proposes to modify the current compensation régime for residual materials recovery and reclamation services provided by municipalities with the intent that industry will, over a transition period, reduce packaging and increase the percentage of residual materials recovery.

More

Federal Tailpipe Greenhouse Gas Emission Standards Released

This article contains a brief summary of the key provisions of Regulations announced by the federal government concurrently with the U.S. Administration which are applicable to manufacturers and importers of passenger motor vehicles and light trucks commencing the 2011 model year to reduce the emission of greenhouse gases.

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Equity Compensation Becomes Less Attractive Under the Federal 2010 Budget

This article describes the effect of the 2010 Federal Budget on executive compensation packages. The Budget has changed stock option rules, making such forms of compensation less appealing for companies and their employees.

A few of the changes include: removing an employee's choice to defer payment of tax on stock option benefits; tightening employer obligations to withhold tax from employee cash remuneration when employees exercise options; and forcing employers to choose between the continuing favourable stock option treatment for employees on the cash-out of options and deductibility of cash payment as an expense for the employer.

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Franchising and Change in the Hotel Industry

This article focuses on how changes to franchising have affected the hotel business, an industry that is becoming increasingly competitive and challenging with more of an emphasis on branding, loyalty programs, reservations systems and categorization than on traditional franchise issues such as franchisee selection, training and support.

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Are you a "Steward" under Ontario's Blue Box Program?

This article discusses the obligation of certain franchisors to register as a "steward" under Ontario's Waste Diversion Act. Stewardship Ontario was created to ensure that specified companies that introduce packaging and printed paper into the Ontario consumer marketplace share in the funding of "blue box" recycling programs. There are obligations imposed on a franchisor should it be designated a Steward under the Blue Box program to make payments on its generated waste as discussed in the article. Such obligations may also oblige non-designated franchisors whose annual revenue and generated waste meet the prescribed criteria for registration.

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The Uses and Abuses of the Precautionary Principal

This article focuses on the employment of the pre-cautionary principles by regulators. Gowlings partner and former regulator, Ron Doering, points out that the principle is of limited value (it can be used both to ban a product or process to prevent harm and to promote the use of the same product or process to avoid a different injury) and may stifle innovation or be used to disguise economic tactics by government use of non-economic rationale.

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New Guidelines for "Specialized Knowledge" Intra-Company Foreign Employee Transfers to Canada

The Foreign Worker Manual maintained by Immigration Canada sets out temporary foreign worker and business visitor guidelines for immigration officers. This article and the article in the next digest discuss recent modifications to the Foreign Worker Manual. This article describes modifications made to the Manual to provide more clarification as to what constitutes eligibility as a "specialized knowledge" worker under the North American Free Trade Agreement and Immigration and Refugee Protection Act (Canada) work permit categories.

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New Guidelines for Intra-Company Foreign Employee Transferee Work Permits for Start-Ups

The second change to the Foreign Worker Manual described in the prior article involves the addition of guidelines for assessing start-up situations for intra-company transferee category work permit applications. The special rules for start-ups detailed in the article have been instituted to ensure that the intra-company transferee category is not used as an improper means to obtain work permits where there is no intention to have a real business within Canada.

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Proving Language Proficiency of Canadian Permanent Resident Applicants

This article is a brief description of the new rules that have been introduced regarding how language proficiency will be assessed for foreign nationals applying for Canada permanent resident status.

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Clarification of Continuous Full-time Employment for Permanent Resident Applications

As of January 2010, requirements under the Federal Skilled Worker program for Permanent Resident applicants have been updated such that the requirement for having one year of continuous full-time employment or equivalent paid work experience now means that an applicant may use any combination of full or part-time work experience in more than one eligible occupation. Further information can be accessed through this article.

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Canada and British Columbia Sign New Immigration Agreement

The Province of British Columbia has obtained agreement of the federal government that British Columbia will be able to recommend the issuance of work permits to some temporary foreign workers or groups of temporary foreign workers belonging to a specific occupational group where skill and labour shortages exist in the province, without first requiring a labour market opinion from Service Canada.

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A Tale of 26 Lubricated Seals: The Supreme Court of Canada Provides Clarity on the Exclusion for "Faulty or Improper Design"

This case comment summarizes the Supreme Court of Canada (SCC) decision in Canadian National Railway Co. (CNR) v. Royal and Sun Alliance Insurance Co. of Canada which involved the applicability of an "all risk" insurance policy to an improperly designed tunnel boring machine. The faulty design led to a delay in a construction of a tunnel. CNR claimed under its insurance but coverage was denied. The majority of the SCC held that when insuring something that has never been built before, it will be covered despite any exclusion for "faulty or improper design", as long as it was built to the state of the art at the time. The case comment discusses the basis for the decision at the trial court and the Court of Appeal as well as both the opinion of the majority and the contrary opinion of the dissenting SCC justices.

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The Supreme Court of Canada's Decision in Co-Operators Life Insurance v. Gibbens

Does an unexpected bodily injury which is caused by a disease that is transmitted through natural processes constitute an accident that triggers coverage under a group policy? In the recent decision of the Supreme Court of Canada (SCC) in Co-Operators Life Insurance v. Gibbens, the SCC held that the contracting of herpes through unprotected sex that resulted in paralysis is not an accident. The SCC in so deciding overturned both the trial and appellate court decisions.

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Risk Management – A Hot Topic

Topical news stories such as the H1N1 pandemic, financial scandals, the Great Recession, etc., all reflect pre-existing risks that suddenly materialized. With regulators looking to Boards of Directors to ensure compliance and disclosure of risks to their stakeholders, this is a timely article which discusses risk management under the following headings, (i) how to identify risk, and (ii) how to better manage risk.

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A Refresher on Settlement under the Minors' Property Act (Alberta)

This article is a refresher on settlement of minors' claims under the Alberta Minors' Property Act and a reminder that even if the settlement is for a small amount, a defendant cannot rely on the "small obligations" provisions of the statute but, rather, must continue to obtain court sanction.

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Insurer Estopped From Denying Coverage

This article summarizes the Supreme Court of Canada (SCC) decision in Wawanesa Mutual Insurance Company v. Buck (Wawanesa), in which the SCC dismissed an application for leave to appeal in an insurance coverage dispute. Wawanesa demonstrates that courts will not uphold an insurer's ability to rely on a policy breach if the insurer and its legal counsel have not diligently investigated the circumstances of the claim and promptly informed the insured that the insurer will be relying on the policy breach to support an off-coverage position.

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Ontario Government Reforms to Ontario's Prescription Drug System Announced

On April 7, 2010, the Ontario Government announced plans for further reforms to the prescription drug system in Ontario. Proposed changes detailed in this article include: reducing cost of generic drugs to 25% of original brand name prices; addressing "professional allowance" payments by generic drug companies to pharmacy owners; increasing pharmacist dispensing fees and payment for additional patient services; supporting access to pharmacy services in rural communities and under-serviced areas with new dedicated funding. Opposition by pharmacies and generic pharmaceutical manufacturers has been vociferous. Draft regulations which are linked to this article were released on April 8, 2010, for comment by May 8, 2010.

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Regime Change: Application of Section 116 Certificate Process Limited by the 2010 Federal Budget

The 2010 Budget tabled by the Canadian federal government has proposed significant changes to the rules applicable to non-residents that dispose of certain taxable Canadian property. Section 116 of the Income Tax Act (Canada) imposes rules regarding clearance certificates required to be issued upon the disposition of "taxable Canadian property" by a non-resident. By re-defining "taxable Canadian property" in a way that reduces what is included under this definition, the Section 116 filing requirements were eliminated for a significant number of transactions. This article expands on the previous discussion of the proposed amendments to discuss the process for obtaining a certificate for dispositions still caught by the provision and sounds a note of caution even with respect to dispositions now apparently excepted.

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B. OTHER RECENT PUBLICATIONS BY GOWLINGS PROFESSIONALS

Feeling Full Satisfying Hunger

This article authored by Gowlings' Ron Doering critically discusses the approach taken by the Canadian Food Inspection Agency to the regulation of claims of producers that their product reduces versus manages hunger with different regulatory results. Analogous claims for other types of food ingredients are coming.

More

Doing Business in Canada: Advertising

Brenda Pritchard provides a survey of the regulation of advertising and promotions in Canada under the headings, Packaging and Labelling, IP and Copyright, Contests and Promotions, Canadiana Issues, Advertising in Québec and Reach Your Audiences with Gowlings.

More

Doing Business in Canada: Franchise Law

Canada is the leading foreign destination for expanding U.S. franchises and a preferred entry to the North American market by many foreign franchises. Franchise specialists, Ned Levitt and Len Polsky, survey what a foreign or U.S. franchisor needs to know before entering the Canadian market with respect to trademarks, taxation, franchise disclosure legislation, supply chain considerations, franchise agreements, franchising in Québec and information on the Gowlings franchise practice.

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Doing Business in Canada: Employment and Labour Law

Most businesses in Canada are governed by provincial law rather than federal statute which applies to employees of the federal government or federally regulated businesses such as banks and railways. Employment Law partner, Hugh Christie, outlines those provisions, which are fairly uniform across the country under the headings, Termination and Dismissal, Restrictive Covenants, Government Programs, Alcohol and Drug Testing, Unionized Labor Relations, The View from Québec and National Scope and Multi-jurisdictional Insight with Gowlings.

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Doing Business in Canada: Québec

The Province of Québec offers abundant opportunities to foreign businesses to locate in the province. Predominantly francophone and adhering to a Civil Code rather than the common law, Québec may offer an environment unique in North America in which to conduct business. Gowlings Montréal based partners, Michael Garallek and Martine Guimond, provide a primer on a number of areas that are unique to the province, namely, employment rights and labour law, contracting, partnerships and warranties, privacy laws, tax and incentives, use of French language and Doing Business in Québec with the assistance of Gowlings.

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Can a Franchise be a Security?

Partners, Ned Levitt and Jason Saltzman, have authored a research paper addressing whether there are circumstances when a franchise could be considered a security within the meaning of securities regulation legislation. Both Canadian and U.S. case law is examined for indicia that could lead a Court to determine that a franchise agreement is an investment contract requiring compliance with the applicable Securities Act.

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Getting the Deal Through – Private Equity 2010

This article on private equity has been authored by a multi-disciplinary team comprising partners from each of Gowlings' financial services, tax and securities practices. Private equity transactions in Canada are discussed under some 20 headings including corporate governance, disclosure, timing, purchase agreements, participation of target company's management, tax, debt and equity financing, shareholders agreements, exit strategies, accounting considerations and cross-border considerations and financing syndicates.

More

2010, A Year of Big Decisions in Intellectual Property

Gowlings trademark and patent specialists, Rob Macdonald and Konrad Sechley, have put together a paper summarizing significant judicial decisions that were released in 2009 in Canada the practice of patent, copyright and trademark law.

More

C. COURSES AND SEMINARS CURRENTLY OFFERED BY GOWLINGS

2010 Gowlings' Annual Taxation Law Seminars, Cross-Canada

Gowlings' complimentary Taxation Law seminars are presented by professionals who are recognized as leaders in their field. Join us for breakfast to examine new developments in tax law that will affect you and your business. These seminars, hosted in our offices in cities across Canada, cover a broad range of subjects including directors' liability, loss utilization and HST.

The first seminar takes place in Hamilton on May 5 followed by seminars in Waterloo (May 6), Toronto (May 7), Ottawa (May 14), Calgary (May 19) and Vancouver (May 20). The date of the Montréal seminar has not been set but if interested check the link in a few days.

More

Complying with Bill 168, Ontario's New Workplace Violence and Harassment Legislation

Bill 168, An Act to amend the Occupational Health and Safety Act (Ontario) with respect to violence and harassment in the workplace will come into force on June 15, 2010. This half day seminar, presented by Gowlings' lawyers and OHS Consultants will be presented in 14 locations across Ontario between May 18 and November 30 this year, will provide a detailed legal analysis of Bill 168 and outline a practical plan for compliance. Employers of more than 5 employees are required to conduct a workplace violence assessment and have in place a workplace violence/harassment policy by June 15. Details of dates and locations in cities across Ontario are provided in the link below.

More

Gowlings Legal Seminars for Manufacturers, Ontario

Gowlings is presenting complimentary breakfast seminars in Markham and Cambridge Ontario entitled, Leading with Your Chin Hurts : Dealing Quickly and Effectively with Troubled Customers and Suppliers.

These seminars will examine several subjects of interest to a manufacturer in these times of economic volatility including the impact of the failure of a supplier or customer, securing critical supplies, collecting payment and outsourcing strategies.

The first seminar will be held in Markham on May 12 repeated by a session in Cambridge on May 13, and a second series in Markham on June 10 and Cambridge on June 11.

More

D. GOWLINGS MULTIMEDIA RESOURCES OF INTEREST TO SENIOR EXECUTIVES AND GENERAL COUNSEL

Occupational Health and Safety Group Podcasts

Gowlings' Occupational Health and Safety Group presents OHSLAWTM - Podcasts. OHSLAWTM - Podcasts provide up-to-date information on legal developments across Canada, discussion, and facts related to OHS and workers' compensation matters across Canada. Each 10-15 minute episode is free and can be shared with others. Over twenty OHSLAWTM - Podcasts are now available.

The April 2010 podcast features an interview with Counsel for the United Steelworkers regarding its private criminal prosecution of Weyerhaeuser in response to a 2004 worker death and a discussion whether an employer can undertake a single risk assessment covering several workplaces under Ontario's new Workplace Violence and Harassment legislation.

More

Gowlings Trendwatch

Current videos and accompanying articles by Gowlings partners on current and forecast trends in the law that are available in Trendwatch include HST, distressed M&A, advertising law, class actions, bilateral trade negotiations with the European Union and rising risk of corruption.

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Whiteboard Tech Law

Brief videos by Gowlings professionals are available on an array of legal topics of interest affecting not only technology companies but other enterprises, including tips for start-ups, protecting intellectual property, outsourcing agreements, venture capital, advertising regulation, securities issues and much more.

More

Corporate Digest @ GOWLINGS is a compilation of previously published Gowlings articles and news items that may be of interest to executives and corporate counsel.

You can also subscribe to any of Gowlings' other electronic or print publications, each of which focuses on a specific area of the law.

Gowlings publishes a variety of national publications for its clients, covering a wide range of issues: environmental, advertising, employment and labour, energy, infrastructure, intellectual property, securities regulation, government relations, privacy and much more.

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In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions