CASL Reprieve – Private Right of Action No Longer Imminent
By an Order in Council released June 7, 2017, the federal government has suspended the private right of action under Canada’s Anti-Spam Legislation (or “CASL”). The provisions, which were to come into force on July 1, 2017, would have provided...
A Canadian Perspective on the Hague Securities Convention
On April 1, 2017, the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary (the “Convention”) became effective in the United States. While Canada has not yet ratified the Convention, it is...
CASL, July 1, 2017 and Why You May Need to Purge Your Electronic Mailing List
You are likely getting a flurry of emails asking you to provide the sender CASL (Canada’s anti-spam legislation) consent. You got similar consent requests before July 1, 2014 when CASL first came into effect. Now you are getting more such...
Deliberate acts of damage by lessees and the murky world of insurance exclusions
The BC Supreme Court provides some clarity When an insurance policy exclusion does not come close to being easily intelligible, an insurer may not be entitled to rely on it to exclude coverage for acts of intentional damage by a...
Two Ontario Law Reform Changes of Note to Lenders and Lessors
On March 22, 2017 Ontario Bill 27, the Burden Reduction Act, 2017 (“BRA”) went into force and, among other things, this legislation made two changes of note to lenders and lessors. Waiver of Receipt of PPSA Registrations Your present forms...
Amazon to pay $1,000,000 to Competition Bureau for Unsubstantiated Sales Prices
Amazon has agreed to pay a $1,000,000 administrative monetary penalty and $60,000 in Competition Bureau costs, following the Bureau’s conclusion that Amazon did not substantiate its sale prices. Vendors, lenders and lessors should take special care when setting and advertising...
Potentially Interesting Decision on Royalty Interests in CCAA Comes Down to the “Interest in Land” Question
To date, there has been little treatment of mineral royalties in Companies’ Creditors Arrangement Act (Canada) (“CCAA”) proceedings. Given the current weakness in the oil and gas and mining sectors, any case law that informs what assets will be available...
Law Reform Recommendations of Ontario’s Business Law Advisory Council to the Minister of Government and Consumer Services
The Business Law Advisory Council (the “Council”) was established by the Government of Ontario in 2016 to review Ontario’s corporate and commercial legislation and to provide advice to the Government on priorities to reform that legislation. The Fall 2016 Report...
Taking Security on Personal Property: A Glimpse Into Secured Lending in Canada
In recent years, cross-border transactions have increased in popularity and many of these transactions involve taking security over tangible and intangible personal property. As a result, it is now customary for financial services lawyers to be called upon by clients...
Quebec Commercial Lending Law
ABA Publishing
Chapter in Commercial Lending Law: A Jurisdiction-by-Jurisdiction Guide to U.S. and Canadian Law, 2nd Edition.
