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Insights FirmBlog
Trump and Trade - The Impact of Chinese Solar Equipment on the U.S. Market By Sam Billard Jul 21, 2017 I read with interest that Suniva, a U.S. solar equipment maker, has filed a case with the U.S. International Trade Commission, alleging that Chinese solar equipment is being dumped on the U.S. market and asking for steep tariffs and minimum price guarantees to stop that practice. Suniva declared ...
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Trump and Trade By Sam Billard Jun 27, 2017 On June 6, Chrystia Freeland, Canada’s Minister of Foreign Affairs, delivered an interesting speech to the House of Commons. It is being viewed as a manifesto outlining the response of our federal government to recent international events. It was followed closely by a speech by Harjit Sajja...
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How the “Corporate Veil” Confused Matters in Yaiguaje v. Chevron Corporation Feb 16, 2017 When the decision in Yaiguaje v. Chevron Corporation, 2017 ONSC 135, was released in late January... When the decision in Yaiguaje v. Chevron Corporation, 2017 ONSC 135, was released in late January, commentary has focused extensively on whether Hainey J. was correct to rule that the corporate veil could not be pierced. The decision in Yaiguaje has absolutely nothing to do with the corporate vei...
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Sesquipedalianism and an Expatiation Upon Its Antithetical Impact on Interpersonal Communications: Big Words and Why They're Bad Feb 03, 2017 Clear writing is hard to find. Legal contracts are the worst culprits. I am always disappointed ... Clear writing is hard to find. Legal contracts are the worst culprits. I am always disappointed when I find unclear legal writing. The reason is this: we lawyers generally recognize that we are no longer in the business of mystifying. (We once were. That’s why we wear the sacerdotal-ish looking ...
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Password Misery! Oct 18, 2016 We all hate passwords. Anyone who says s/he doesn’t is fibbing. I had an experience recently, wh... We all hate passwords. Anyone who says s/he doesn’t is fibbing. I had an experience recently, while at the International Bar Association conference in Washington, that renewed my hatred for passwords. The word “hatred” is inadequate to express how I actually feel about passwords – it’s more like...
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How the European Union Uses Data to Prevent Crime Jun 01, 2016 It seems to me – although I have no evidence of this – that the European view on privacy differs ... It seems to me – although I have no evidence of this – that the European view on privacy differs somewhat from the view in Canada, which in turn differs from the view in the U.S. I have the impression that people in Europe, especially in the U.K., are quite comfortable with the idea of CCTV camer...
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Digital Currencies May 06, 2016 I’ve been writing a lot lately on blockchains and how blockchain technology intersects with the l... I’ve been writing a lot lately on blockchains and how blockchain technology intersects with the law. It’s interesting stuff. Now I want to write a bit about digital currencies, particularly since there are now encrypted digital currencies – like Bitcoin – that are enabled by blockchain technolog...
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More on the Law of the Blockchain Apr 11, 2016 A Little Review In my last blog about the blockchain, I talked a bit about what blockchain techn... A Little Review In my last blog about the blockchain, I talked a bit about what blockchain technology is and how it could be useful. Just as a reminder, a blockchain is a peer-to-peer managed, publicly readable secure database, located in multiple, but isolated/independent, places on the Interne...
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Amendments Require Additional Disclosures Under Canada’s Early Warning Regime Apr 06, 2016 The Canadian Securities Administrators ("CSA") have announced final amendments (the "Amendments")... The Canadian Securities Administrators ("CSA") have announced final amendments (the "Amendments") to the early warning system designed to provide greater transparency about the securities holdings of Canadian reporting issuers. The Current Early Warning System The current early warning system ...
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Major Changes to Canada’s Take-Over Bid Rules Apr 06, 2016 The Canadian Securities Administrators ("CSA") have announced major amendments (the "Amendments")... The Canadian Securities Administrators ("CSA") have announced major amendments (the "Amendments") to the Canadian take-over bid regime that are expected to come into force on May 9, 2016 throughout Canada.1 The Substance and Purpose of the Amendments The Amendments reflect a re-balancing of th...
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Federal Budget 2016 Mar 22, 2016 Canadian Budget 2016 On March 22, 2016, the Minister of Finance released the federal budget (“Bu... Canadian Budget 2016 On March 22, 2016, the Minister of Finance released the federal budget (“Budget 2016”). Below is a summary of the important tax changes contained in Budget 2016. For a more comprehensive discussion of Budget 2016, please click here. Corporate Tax Measures Extension to “Bac...
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What is the Law of the Blockchain? Mar 10, 2016 What the Heck is the Blockchain? No, it’s not a chain that stretches around your block. It is a ... What the Heck is the Blockchain? No, it’s not a chain that stretches around your block. It is a peer-to-peer managed, publicly readable and secure database, chunks of which are located in multiple places. Each “place” (or node) is an isolated and independent computer on a network. Each computer ...
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Nevada’s Net-Metering Decisions – A Not-so-Thin Edge of the Wedge Feb 23, 2016 On February 12, Nevada’s Public Utilities Commission (PUC) voted to alter its December 2015 rulin... On February 12, Nevada’s Public Utilities Commission (PUC) voted to alter its December 2015 ruling that will dramatically, and retroactively, reduce the rate at which distributed solar generation facilities will be paid for electricity produced – agreeing to implement its ruling over 12 years ins...
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New Tort – Public Disclosure of Private Facts Feb 04, 2016 In a strong and purposefully worded decision, the Ontario Superior Court of Justice recognized a ... In a strong and purposefully worded decision, the Ontario Superior Court of Justice recognized a new cause of action referred to as “public disclosure of private facts.” The Ontario Superior Court of Justice, speaking through Justice Stinson, recognized that one person will be liable to another ...
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Pre-Bankruptcy Payment to Secured Creditor Escapes Statutory Deemed Trust Jan 08, 2016 Secured creditors should take note of Callidus,1 wherein the Federal Court (the "Court") held tha... Secured creditors should take note of Callidus,1 wherein the Federal Court (the "Court") held that the bankruptcy of a tax debtor rendered a statutory deemed trust under section 222 of the Excise Tax Act (the "ETA") ineffective as against a secured creditor who, prior to the bankruptcy, received ...
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Sports Programming: PVR/DVR Proof! Jan 07, 2016 It was with much fanfare in the Fall of 2013 that Rogers scooped the NHL’s Canadian national broa... It was with much fanfare in the Fall of 2013 that Rogers scooped the NHL’s Canadian national broadcast rights from Bell Media, for the tidy sum of $5.2 billion over 12 years (starting in the 2014-15 NHL season). Following Rogers’ marquee rights purchase, many had predicted that Rogers Sportsnet s...
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The Competition Bureau Concludes (for now!) That the Rogers-NHL Agreement is Not Anti-Competitive Jan 06, 2016 The Competition Bureau has found that the Rogers-NHL 12-year broadcast agreement has not, “at thi... The Competition Bureau has found that the Rogers-NHL 12-year broadcast agreement has not, “at this time,” resulted in a substantial lessening of competition (SLC). The 2013 agreement marked the first time that one party (Rogers) has held exclusive rights to broadcast all the national NHL games. P...
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StartupSource.ca Receives Canadian Law Blog Award Jan 04, 2016 A&B's startups blog, StartupSource.ca, was recognized as one of Canada’s Best Practice... A&B's startups blog, StartupSource.ca, was recognized as one of Canada’s Best Practice Group Blogs in the 2015 Canadian Law Blog Awards! We are proud to share this award with Gowlings and McCarthy Tétrault LLP and would like to congratulate all of the other 2015 Clawbies’ winners....
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Has the CRTC Opened the Door to Consolidation Among Canadian Independent Producers? Dec 18, 2015 In one of the CRTC’s Let’s Talk TV policy rulings, the CRTC determined to take a “big picture” vi... In one of the CRTC’s Let’s Talk TV policy rulings, the CRTC determined to take a “big picture” view of the infrastructure of government support and private investment in the Canadian broadcasting sector. The CRTC noted that this infrastructure has generated significant funding opportunities for C...
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Recent Developments in Canadian Online Television Content Dec 10, 2015 On the “deja vu all over again” front, recent developments relating to online television content ... On the “deja vu all over again” front, recent developments relating to online television content in Canada have stirred up memories of the good old days of “grey market” and “black market” satellite dishes. It was only a decade ago or so that Canadian broadcasters had to address the consumer back...
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The Trans-Pacific Partnership (TPP) Agreement: impact on the CMS sectors Dec 07, 2015 The Government of Canada announced on October 5, 2015, that it successfully concluded negotiation... The Government of Canada announced on October 5, 2015, that it successfully concluded negotiations on a free trade agreement among the twelve members of the Trans-Pacific Partnership (TPP). While much of the focus of the TPP Agreement has been on the issue of preferential access to Asia-Pacific ...
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Important Changes to Employers’ Obligations Regarding Violence and Harassment in the Workplace Dec 03, 2015 Ontario recently introduced Bill 132, the Sexual Violence and Harassment Action Plan Act (Support... Ontario recently introduced Bill 132, the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015, (the “Bill”). The Bill has received first reading and comes into effect on the later of six months after receiving Royal Assent or ...
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More to Offer: Recent Changes to the Offering Memorandum Exemption in Canada Dec 01, 2015 National Instrument 45-106 Prospectus Exemptions ("NI 45-106") provides that certain distribution... National Instrument 45-106 Prospectus Exemptions ("NI 45-106") provides that certain distributions of securities completed pursuant to an offering memorandum ("OM") are exempt from the general requirement that all distributions of securities be done pursuant to a prospectus. An OM, like a prospec...
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Fixed Terms – Can They Be Broken? Jul 22, 2015 Employers and employees are free to contract on the terms and conditions of employment. That cont... Employers and employees are free to contract on the terms and conditions of employment. That contract, often referred to as an employment agreement, if appropriately and properly drafted, can bind the parties in the event of what occurs on the termination of employment. Most employment agreement...
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