Business, Management, Marketing, Money, Tax, Law, People

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 en présence d’un accident automobile causant un préjudice. Elle constitue un précédent offrant une référence claire en ce qui concerne…

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 Inc. et al. (Boal) has been closely watched as a test case. Starting in 2021 and culminating in a 2023…

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 2020, he stated that “the WTO, as far as I’m concerned, was created to suck money and jobs out of…

On Oct. 11, 2024, the Supreme Court of Canada (the SCC) released its decision in Aquino v. Bondfield Construction Co. – the first case in which it has addressed the doctrine of corporate attribution in the context of insolvency proceedings. In particular, the SCC considered the way in which the doctrine interacts with section 96 of the Bankruptcy and Insolvency Act (the BIA), also known as the “transfer at undervalue”…

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 hearing. The Court’s decision confirmed that while deference is generally owed to administrative tribunals such as the Securities Commission, the…

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, except for Prince Edward Island, Newfoundland and Labrador, Nunavut and Northwest Territories. As we have discussed in previous articles, EPR…

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 province’s construction industry. Bill 30 presents an interesting opportunity for the Alberta Legislature to provide additional clarification around the adjudication…

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 the use of shareholder rights plans to prevent hostile take-over bids. What you need to know The purpose of the…