Mondaq Canada: All Topics
That very question was posed by Justice Rothstein of the Supreme Court of Canada in the opening paragraph of his judgment on behalf of a unanimous Court in Daishowa-Marubeni International Ltd. v Canada, released on May 23, 2013.
This is the second in a series of McMillan bulletins relating to the Canadian Securities Administrators project to modernize the regulation of publicly offered investment funds.
Selfless Generosity Still Exists
This case involved a dispute over ownership and alleged infringement of copyright in a number of computer software programs.
A discussion on a recent case where the Court analyzes the difference for tax purposes between liabilities and embedded obligations, considers the law of contingent liabilities, the role of tax symmetry in the Income Tax Act, the role of the parties’ agreement and the role of accounting treatment in reaching the conclusion that embedded obligations are not liabilities that form part of proceeds of disposition.
In a recent decision, the Federal Court of Appeal provides a useful reminder of the extent to which the solicitor-client privilege applies to policies agreed upon by several parties.
Senior executives of Canadian public companies often wonder to what extent information can be shared with major shareholders when the company is contemplating a potential transaction.
In a recent decision, the Federal Court of Canada has dismissed a union challenge to the hiring of 201 foreign nationals by a Canadian mining company.
A discussion on the five conditions that must be satisfied before Quebec can become an oil producer.
The Ontario Securities Commission has announced that it will be hosting a roundtable discussion on June 11 to obtain input from investors regarding investing in small and medium sized enterprises and start-ups.
In the case of Bowman v. Monsanto Company, the US Supreme Court has weighed into this thorny field, and on Monday it delivered a unanimous judgment upholding the rights in Monsanto's patented soybeans.
Canada's Environment Minister, Peter Kent, told the Financial Post in an interview from London that "[t]he ability of the oil and gas sector to absorb tough government controls on their greenhouse gas emissions depends on Canada getting a better price for its oil."
There is $2.1 billion in grant money available to the two companies, whose projects will have the effect of taking 550,000 vehicles off the road annually.
A discussion on the advantages and disadvantages of incorporating in the mining industry.
Over the past few years, there has been a substantial increase in the amount of interaction between shareholders and boards of directors of North American companies.
In the first quarter of 2013, Liberal MP John McKay sponsored the first reading of Bill C-474 in Canada’s Parliament which, according to him, is meant to fight corruption, encourage transparency and promote increased accountability within mining corporations.
The Ontario Securities Commission and a veteran investment banker, Richard Moore, recently reached a settlement agreement regarding claims by the OSC of improper securities trading by Moore.
The Ontario Securities Commission recently closed the comment period on its Staff Consultation Paper 45-710: Considerations for New Capital Raising Prospectus Exemptions, which sought input from stakeholders on proposed amendments to the current legislation regarding prospectus exemptions.
Top 5 Civil Appeals from the Court of Appeal (May 2013)
The Ontario Court of Appeal recently dismissed the appeal of the City of Kawartha Lakes, which sought to overturn a decision of the Divisional Court.
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A discussion on the duties and liabilities of directors and company officers.
A discussion on a recent decision of the Federal Court of Appeal, which confirms that the central question is, whether the person is performing the services as his own business, on his own account.
The Supreme Court of Canada has recently released its latest decision concerning the duty of the Crown to consult with Aboriginal Peoples in connection with resource development in a recent case.
With security breaches being on the rise, the requirement to have organizations notify the relevant privacy commissioners and affected individuals upon a security breach taking place is becoming increasingly important.
Back in July 2012, we covered "PVYW v Comcare" (No 2), [2012] FCA 395, which concerned an employee in the HR department of an Australian government agency who was injured on a work-related trip to a country town in New South Wales.
Tragic cases and more mundane legislative changes have everyone talking about bullying and harassment.
In the decision MDV Representations v. Corporation Xprima.com, the Superior Court highlights the importance of drafting termination clauses in a service contract using clear and simple language.
After seven years and three previous attempts at amending the Copyright Act, Canada’s Copyright Modernization Act ("Bill C-11") was finally proclaimed into force on November 7, 2012.
Today (May 2, 2013), Ontario Finance Minister, Charles Sousa tabled the province’s 2013 Budget. This year’s budget, titled "A Prosperous and Fair Ontario" is committed to eliminating the deficit by 2017-18 and then reducing the net debt-to-GDP ratio to the pre-recession level of 27%.
The Federal Court of Appeal recently weighed in to reconcile competing tests on the proper way to determine whether an individual is a contractor or truly an employee.
