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The proposed changes would allow electricity distributors to earn a Margin on Payments (MoP) of up to 25 per cent of the payments made to DER providers. The Ontario Energy Board (OEB) is proposing amendments to the Distribution System Code to accelerate the use of third-party distributed energy resources (DERs) as non-wires solutions (NWSs) in Ontario. The proposed changes would allow electricity distributors to earn a Margin on Payments (MoP)…

Legislative context On May 22, 2025, the U.S. House of Representatives passed the One Big Beautiful Bill Act (H.R.1), a budget reconciliation package designed in part to extend provisions from prior tax reform efforts and introduce new revenue-generating measures. Among these is the newly proposed Section 899, title Enforcement of Remedies Against Unfair Foreign Taxes, which would authorize targeted tax increases on investors in non-U.S. jurisdictions that impose certain types…

In a recent decision, the Superior Court of Québec authorized a class action against a major social media platform operator, paving the way for users to seek compensation for financial losses tied to allegedly fraudulent advertisements posted by third parties. The plaintiffs allege that they suffered significant financial losses, of $1,000,000 and $250,000 respectively, after being misled by cryptocurrency-related advertising and investing in fraudulent third-party websites. The advertisements falsely promised…

On Jan. 28, 2025, Arbitrator Russell Goodfellow released a set of eight interest arbitration awards for seven different public and Catholic district school boards in Ontario.1 BLG had the opportunity to serve as counsel to three of these seven school boards in this complex and precedent-setting litigation, with a team consisting of John-Paul Alexandrowicz, Melissa Eldridge, Jessica Wuergler, Callum Hutchinson and articling students Grace Sarabia, Colleen Williams and Hannah White. Key takeaways…

Canada is currently facing an erratic and expansive trade disruption with its closest trading partner. The first executive order signed by the President of the United States on Feb. 1, 2025, set out a blanket tariff rate of 10 per cent on all imports from Mexico and Canada. The President has since imposed higher rates on certain goods, including a 25 per cent rate on non-CUSMA compliant Canadian vehicles and…

L’accès à la justice est reconnu comme étant une valeur fondamentale du système de justice canadien. Dans un pays démocratique comme le nôtre, il s’agit notamment d’une condition indispensable à la confiance du public envers notre système judiciaire. De nos jours, l’accès à la justice est même devenu un enjeu parmi les plus pressants et plusieurs institutions œuvrent activement à en faire la promotion à travers divers programmes et initiatives.…

Au terme d’une audition contestée, BLG a obtenu la nomination de Raymond Chabot inc. à titre de séquestre aux actifs de 9444-4486 Québec inc., 9444-4494 Québec inc., 9444-4441 Québec inc. et 9444-4445 Québec inc. (collectivement les « Débitrices »)1. Faits Dans la foulée de la pandémie de COVID-19, les Débitrices acquièrent deux résidences pour personnes âgées. Cette transaction est financée par La Banque Toronto-Dominion (la « Banque »). À compter de mai 2023, les…

With an estimated one in three Canadians being affected by a mental illness in their lifetime, mental health challenges can have a significant impact on the Canadian workforce, and it is crucial that employers address these challenges effectively. To help employers deal with these complex issues, BLG’s experienced team of labour and employment lawyers from across Canada — Shelley-Mae Mitchell, Kailey Hubele, Laura Mensch, Jessica Wuergler, Dan Palayew, Kate Agyemang and…

All securities or derivatives dealers and advisers registered in Québec with the Autorité des marchés financiers (AMF), including members of the Canadian Investment Regulatory Organization (CIRO) and firms that service clients in Québec while having no business location in Québec, will have new compliance obligations regarding complaint handling as of July 1, 2025. The Regulation respecting Complaint Processing and Dispute Resolution in the Financial Sector (the Regulation), requires firms to assess and…

On April 17, 2025, the Office of the United States Trade Representative (USTR) issued its long-anticipated Notice of Action and Proposed Action setting out the fees that would be levied on Chinese-built vessels calling at American ports, among other trade measures targeting the People’s Republic of China. While there was another hearing on May 19, 2025, it only concerned further proposed tariffs on Chinese ship-to-shore cranes and cargo-handling equipment. Discussions and…

From forged cheques to impersonation scams, fraudsters have long exploited the trust, distance and communication gaps that underpin commercial transactions. But the digital age has given rise to a new and particularly insidious form of deception: business email compromise (BEC) fraud. In these schemes, attackers infiltrate or spoof a businessperson’s email account—often that of a trusted vendor—redirecting payments to fraudulent bank accounts with alarming ease. As the financial consequences of…

Running a promotional contest is a fantastic way to boost sales, build brand awareness, and connect with your customers. Whether you’re a business, marketer, or influencer, before you dive in, it’s important to know that there are a lot of rules and regulations you need to follow in Canada. If you don’t, you could face some serious consequences—including hefty penalties that could reach up to 3 per cent of your…

*Content from this article is from the Case Law Compendium for the Defense Research Institute’s (DRI) Product liability Conference held February 2025. Canadian contributions by BLG’s Edona Vila and Robert Stefanelli. There have been several significant new developments in product liability cases across Canada in the past year. These decisions, arising from Ontario, Québec, Alberta, Saskatchewan, and British Columbia, provide important insights into how courts are deciding product liability matters.…

In November 2024, an International Centre for Settlement of Investment Disputes (ICSID) tribunal ordered Colombia to pay Telefónica — a Spanish telecommunications company — US$380 million in damages. This was because the tribunal found that Colombia had violated the fair and equitable treatment requirement in the 2005 Colombia-Spain bilateral investment treaty (BIT). The following month, Colombia filed an application for annulment of the award, as permitted by ICSID rules. The application…

On July 1, 2025, the Regulation respecting Complaint Processing and Dispute Resolution in the Financial Sector (the Regulation) will come into force in Québec. Adopted by the Autorité des marchés financiers (AMF), the Regulation establishes a new framework for handling complaints in Québec’s financial sector. It aims to promote a more transparent and efficient complaint resolution process through the financial sector in the province. Who is subject to the Regulation?…

In the current economic environment, many businesses may feel pressured to get creative with their marketing and pricing strategies to remain competitive. For example, promotional terms such as “Sale”, “Marked Down” or “End of Line” are frequently used in marketing campaigns to attract consumer attention and boost sales. While these representations may offer short term commercial advantages, businesses must exercise caution, as the Competition Bureau (the Bureau) is increasingly cracking…

On April 16, 2025, the Government of Ontario announced that it was launching the $50M Ontario Together Trade Fund (OTTF) to support Ontario’s small and medium businesses with near-term investments to better serve interprovincial customers, develop new interprovincial markets and reshore critical supply chains in response to U.S. tariffs. On April 23, 2025, the Government of Ontario published guidelines (the Guidelines) to assist applicants with submitting their application to the…

On April 29, 2025, The U.S. President signed a Proclamation and an Executive Order providing some relief from the 25 per cent tariffs on imported auto parts and automobiles, effective retroactively from April 3, 2025. These measures offer some temporary tariff relief in the form of an “import adjustment offset” for parts used in vehicles assembled in the United States. The new adjustments follow Canada's recent measures to aid Canadian…

In June 2022, Health Canada introduced new nutrition labelling regulations for prepackaged foods. A key feature of these regulations is the mandatory use of a front-of-package (FOP) nutrition symbol on products high in saturated fat, sugars, or sodium. This symbol is intended to help Canadians quickly identify less healthy food options, encouraging informed choices and reducing health risks associated with overconsumption of these nutrients. Although the regulations came into effect…

On May 1, 2025, the province expanded “strong mayor” powers and duties to a further 169 municipalities in Ontario, identified as those single and lower-tier municipalities with councils of six members or more. This means that out of the 444 municipalities in Ontario, almost half of them will be subject to strong mayor powers. Prior to the most recent amendments, a total of 46 municipalities in the province had permanently…

The president of the United States announced, in a Sunday afternoon social media post, his intent to declare incentives by its trading partners to their film industries a “national security threat” to the United States. In his social media posts, the president authorized the Department of the Commerce and the United States Trade Representative to institute a 100% tariff on “any and all Movies coming into our Country that are…

On May 1, 2025, the Supreme Court of Canada decided that it would not hear an appeal of the Court of Appeal for Ontario’s landmark decision in Mathur v. Ontario, 2024 ONCA 762. The Court of Appeal unanimously found that a Charter challenge to Ontario’s greenhouse gas emission (GHG) target was not a “positive rights” claim imposing freestanding positive obligations on the provincial government - because Ontario voluntarily assumed a…

A continuation in our series for Canadian employers addressing the U.S. tariff effect. For more information, check out BLG's Tariffs and Trade Resource Centre. The recent imposition of tariffs, and the resulting “tariff uncertainty”, is posing real and immediate challenges to employers and unions in industries that rely on the exportation of their goods, products and materials, such as automotive, manufacturing, steel, aluminum, agriculture and forestry. At least for the…

On April 15, 2025, the federal government announced three new measures to aid Canadian businesses and entities affected by the ongoing tariff dispute with the U.S. These measures are: conditional remissions on CUSMA-compliant auto imports; temporary tariff relief on goods for critical industries; and a loan program for large businesses. Remissions for automakers The government intends to implement a performance-based duty remission framework for automakers. The measure will allow Canadian…

On April 20, 2024, the Government of Canada issued a Notice pursuant to section 46 of the Canadian Environmental Protection Act, 1999 (CEPA) mandating that certain entities report information on the quantities and types of plastics that they manufacture, import, produce and place on the Canadian market. Reporting requirements are being rolled out in three phases with the first reporting due by Sept. 29, 2025. Those caught by the reporting…

On March 27, 2025, the Canadian Investment Regulatory Organization (CIRO) published for comment Phase 5 of its Rule Consolidation Project (the Proposals) relating to the consolidation of the two sets of rules currently applicable to investment dealers (IDPC Rules) and mutual fund dealers (MFD Rules) into one. Our assessment is that the Proposals – which address significant differences between the IDPC Rules and MFD Rules that could have potential material impacts…

On March 4, 2025, the United States imposed by Executive Order a 25 per cent tariff on the importation of nearly all Canadian-origin goods (10 per cent on certain energy-related exports). The tariffs were implemented under the International Emergency Economic Powers Act (IEEPA). Days later, the United States announced that goods imported from Canada that qualify for duty-free preferential treatment under the Canada-United States-Mexico Agreement (CUSMA) would be exempted from…

This is a continuation in our U.S. tariff effect series, a national analysis of the impact of tariffs on Canadian employers. For more information, check out BLG’s Tariffs and Trade Resource Centre. Over the past couple of months, Employment and Social Development Canada (ESDC) has announced a series of temporary, expanded employment insurance (EI) measures. These are meant to assist employers experiencing a decline in business activity connected to the…

As outlined in our December 2024 article, the Human Rights Tribunal of Ontario (HRTO) has proposed updates to its Rules of Procedure as part of an ongoing effort to reduce delays and address its backlog of cases. The stated intent of the proposed changes is to streamline processes, improve efficiency, and shorten the average lifecycle of cases—while continuing to promote fair and timely resolution of human rights claims. The HRTO…

In a significant development for Canadian capital markets, the Canadian Securities Administrators (CSA) have introduced a trio of blanket orders that ease certain prospectus and disclosure requirements. These changes are designed to reduce the financial and administrative burden associated with going public in Canada, enhance capital raising flexibility for issuers that have recently completed an initial public offering (IPO), and better facilitate exempt market capital raising. These changes provide welcome…

Le 23 avril 2025, le gouvernement du Québec a publié dans la Gazette officielle du Québec le nouveau projet de Règlement sur les paiements et le règlement rapide des différends en matière de travaux de construction1 (le « Projet de règlement »). Ce dernier fait suite au Projet pilote visant à faciliter le paiement aux entreprises parties à des contrats publics de travaux de construction ainsi qu’aux sous-contrats qui y sont liés2…

On March 27, 2025, the Supreme Court of Canada dismissed Mr. Furtado’s application for leave to appeal the Ontario Court of Appeal’s decision, where the  Court of Appeal upheld the denial of coverage under a Directors and Officers liability policy as Mr. Furtado failed to meet a condition precedent under the claims-made and reported policy. Key facts Mr. Furtado, the directing mind of Go-To Developments ("Go-To"), sought coverage under a…

On April 16, 2025, the Government of Ontario announced the most significant unilateral removal of provincial trade barriers in Canada’s history through Bill 2, Protect Ontario Through Free Trade Within Canada Act (Bill 2). In 2023, trade between Ontario and its provincial and territorial counterparts totalled $326 billion. Statistics Canada estimates that impediments to interprovincial trade are equivalent to a 7 per cent ad valorem tariff on goods. The Government…

Canada’s request for consultations On April 3, 2025, Canada initiated dispute settlement proceedings at the World Trade Organization (WTO) by requesting consultations with the United States. The challenge targets the U.S.- imposed tariffs of 25 per cent on automobiles (effective April 3, 2025) and 25 per cent on automobile parts (scheduled to take effect no later than May 3, 2025). These tariffs, Canada argues, violate several provisions of the General…

As large institutional investors seek additional tools to manage their portfolios, the Canadian private equity secondaries market has continued to mature. Secondaries offer private equity investors (once dominated by pension funds and other institutional investors), a unique opportunity to access better liquidity, enhance portfolio diversification, and increase potential for higher returns. Furthermore, the rise of private equity access funds - which are directed at high-net-worth investors - has created a…

A continuation in our series for Canadian employers addressing the U.S. tariff effect. For more information, check out BLG’s Tariffs and Trade Resource Centre. In the face of the changing economic landscape, employers are confronted with difficult decisions. As the impact of the United States’ tariffs are being felt across Canada, employers are having to take a hard look at their workforces, and search for ways to reduce their labour…

With President Trump imposing tariffs on Canadian goods, many employers are asking about their obligations in the event of an economic downturn, with the potential for layoffs or mass terminations. The Ontario Employment Standards Act, 2000 (the ESA) layoff and mass termination provisions can be technical and complex. It is important to understand and comply with the rules and obligations under the ESA to avoid potential increased and unexpected liabilities.  ESA temporary…

The Automotive Sector continues to grapple with the impact of tariffs and in particular with the sector specific tariff measures, marking another turning point in the ongoing tariff landscape affecting the sector in North America and globally. On March 26, 2025, the U.S. president issued Proclamation 10908 to impose an additional 25% tariff on imports of passenger vehicles, light trucks, and certain automobile parts into the United States. The new 25%…

In Knisley v Canada (Attorney General), 2025 ONCA 185, the Court of Appeal was asked to consider whether a motions judge hearing a certification motion can conditionally certify a class proceeding where neither the parties nor the court at the hearing can provide a workable class definition capable of satisfying s. 5(1)(b) of the Class Proceedings Act, 1992 (CPA). The Knisley class action was brought on behalf of veterans who…

In the recent decision of Capital Land Services Ltd. v Revitalize Energy Inc. (Revitalize Energy),1 the Alberta Court of King’s Bench (the Court) declared a mineral top lease invalid based on the law of statutory illegality, and applied remedies under the Land Titles Act (LTA)2 to undo steps taken in reliance on the invalid top lease. Background In 2011, Scott Land Co. (Scott) and the County of Vermilion River (the…