Searching Content indexed under Charges, Mortgages, Indemnities by Bennett Jones LLP ordered by Published Date Descending.
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To Demand Or Not Demand, That Is Not The Only Question
Recently, the British Columbia Court of Appeal held that the two-year limitation period to enforce mortgage security ran from the first date of a default entitling the mortgagee to realize a security...
6 Jun 2018
When Is A Loan "Green"?
More than US $150 billion in "green bonds"—bonds that fund projects that provide environmental benefits according to guidelines developed by the International Capital Markets Association...
26 Apr 2018
Priority Of Operator's And Possessory Liens And The Need To Register Or Prove Your Lien
Cansearch and Regent became partners in a jointly owned oil and gas facility in 2008.
13 Nov 2017
What Happened To My Mortgage?
In 2015, and just before his retirement, Justice Murray of the Ontario Superior Court of Justice left us with a challenging legal decision that, for the time being at least, will matter to mortgage lenders.
19 Jan 2016
Round III To The Provinces: Supreme Court Rejects Canadian Securities Act As Unconstitutional
On December 22, 2011, the Supreme Court of Canada released its much anticipated decision on the constitutionality of the proposed Canadian Securities Act (CSA).
12 Jan 2012
Supreme Court Of Canada Rejects Proposed Canadian Securities Act As Unconstitutional
The Supreme Court of Canada has unanimously rejected the federal government’s proposed Canadian Securities Act, which would have created a national securities regulator, as unconstitutional.
5 Jan 2012
Shapray v. British Columbia (Securities Commission): Freedom Of Expression And The Viability Of Blanket Non-Disclosure Provisions In Securities Regulation
In Shapray v. British Columbia(Securities Commission), the British Columbia Court of Appeal found that a blanket non-disclosure provision in the British Columbia Securities Act, which applies to any party under investigation by the British Columbia Securities Commission, to be an unjustifiable infringement of the applicant's freedom of expression under s. 2(b) of the Canadian Charter of Rights and Freedoms.
3 Oct 2011
Round II to the Provinces: Quebec Court of Appeal Rejects Canadian Securities Act as Unconstitutional
On March 31, 2011, the Quebec Court of Appeal released a 4-1 decision finding that the proposed "Canadian Securities Act" (the "CSA") is unconstitutional. The majority decision echoes the recent decision of the Alberta Court of Appeal, which also found the CSA to be beyond federal jurisdiction.
11 Apr 2011
Class Actions and Regulatory Proceedings: The Court Giveth and the Court Taketh Away
In January 2010, potential corporate defendants to class actions breathed a (small) sigh of relief as Justice Perell in "Fischer v. IG Investment Management Ltd." refused to certify a class action on the basis that a settlement with the Ontario Securities Commission (OSC) had already provided aggrieved investors with a payment of $205.6 million.
7 Apr 2011
IMAX And Securities Class Actions Involving The Secondary Market - The Big Picture Is Still Not Clear
Silver v. IMAX is the first decision to consider the new statutory cause of action provisions under Part XXIII.1 of the Securities Act (Ontario) for misrepresentations made in secondary market disclosures.
4 Mar 2011
Reducing Risks of Directors and Officers in Securities Class Action Litigation: A Refresher
Ontario’s statutory regime for secondary market liability came into effect in 2006 as a result of amendments to the Securities Act (Ontario) (the "OSA"), creating a statutory cause of action for deficient market disclosure.
10 Jan 2011
When Commissions Overstep
Until recently, it was thought that rights plans could only be used in Canada to delay an unwanted advance while the board searched for alternatives.
8 Dec 2010
No Transfer Means No Transfer!
In Frye v. Frye Estate, the Ontario Court of Appeal held that a bequest of shares was valid, notwithstanding that such bequest was clearly contrary to the explicit terms of a unanimous shareholder agreement and letters patent.
26 Oct 2010
The Potential Impact of the Proposed Canadian Securities Act
On May 26, 2010, the Government of Canada released the proposed Canadian Securities Act (CSA). To date, the discussion of the CSA primarily has focused on whether the legislation will be found to be constitutionally valid.
26 Aug 2010
The Reach of U.S. Securities Laws Continues to Narrow
In Morrison v. National Australia Bank Ltd., decided in June, the U.S. Supreme Court ended F-Cubed litigation (read U.S. Supreme Court Rejects F-Cubed Litigation).
17 Aug 2010
U.S. Supreme Court Rejects F-Cubed Litigation Canadian Class Action Scene May Feel Impact
A recent ruling by the Supreme Court of the United States has greatly reduced the risk of Canadian securities issuers being embroiled in class action lawsuits in the U.S.
29 Jul 2010
Caveat Counsel: Care and Caution in the Boardroom
A securities class action certification decision handed down by the Ontario Superior Court of Justice in December 2009, Allen v. Aspen Group Resources Corporation, et al., is attracting attention from the perspective of potential liability for law firms.
12 Apr 2010
Income Trusts - Implementing A Conversion
The mechanics and documentation required to convert an income trust to a corporation will vary depending upon whether the exchange method or distribution method is used to effect the conversion, as well as upon the structure of the income trust and its subsidiary entities and the terms of relevant contracts and other documents.
3 Dec 2009
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