fmc-law.com RSS Feeds - All FMC Publicationhttp://www.fmc-law.com/upload_net/rss/en/Publications.xmlThu, 31 May 2012 10:00:39 GMTen-us5In this issue of Focus on Competition | Antitrust | Foreign Investment, the following items are discussed: Canadian Competition Bureau Wins Contested Merger Case for Non-Notifiable Transaction Unfinished Business: Industry Minister Heralds Higher Review Threshold for Foreign Investments To read more, please click the download button.http://www.fmc-law.com/Publications/0512_Focus_On_Competition_Antitrust.aspxWed, 30 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Focus_On_Competition_Antitrust.aspxIn this issue of Focus on International Trade, James M. Wishart, Olivia Wright and Michael Anderson discuss Canada's expansion of  its economic sanctions against Syria. Effective May 22, 2012, Canada imposed new sanctions against Syrian individuals and government entities in response to the ongoing violence perpetrated by the regime of Syrian President Bashar Al-Assad. In exercising its power under the Special Economic Measures Act (“SEMA”), the Canadian government amended the Special Economic Measures (Syria) Regulations (the “Regulations”). This amendment furthered standing sanctions on trade with Syria. Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Focus_On_International_Trade.aspxTue, 29 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Focus_On_International_Trade.aspxIn Canada, most major resource projects undertaken to develop natural resources occur on public lands (also referred to as Crown lands) administered by federal, provincial or territorial governments, depending on their location.  In respect of most, if not all, of these Crown lands, there is potential for the existence of aboriginal rights in respect of the lands or at least claims to such rights.  Section 35(1) of the Constitution Act, 1982 provides that “existing aboriginal and treaty rights of aboriginal peoples of Canada are hereby affirmed”. Prepared for the inSight 9th Annual Western Canada Aboriginal Law Forum - Vancouver Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Aboriginal_Consultation_and_Project_Development.aspxMon, 28 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Aboriginal_Consultation_and_Project_Development.aspxToday the Canadian Bar Association held an update session for members on Canada’s Anti-Spam Legislation (“CASL”). An oral presentation was provided by Andy Kaplan-Myrth, a Policy Advisor in the Digital Policy Branch at Industry Canada and a member of the team that developed and is implementing CASL. To read the full blog entry, please visit the Data Governance Law Blog.http://www.fmc-law.com/Publications/0512_Anti_Spam_Update_Proposed_New_Exemptions_on_the_Way.aspxMon, 28 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Anti_Spam_Update_Proposed_New_Exemptions_on_the_Way.aspxIn this issue of Focus on Public Policy, Cyrus Reporter discusses the Commissioner's recent recommendations from the annual report for updates to the Lobbyists Registration Act, 1998. On May 24, 2012, the Ontario Integrity Commissioner called for a review of the Lobbyists Registration Act, 1998 (Ontario). The Integrity Commissioner concurrently serves as the Lobbyist Registrar of Ontario, and is responsible for the administration of the Act. The Commissioner first issued a call for a review one year ago in her annual report. Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Focus_on_Public_Policy_Newsletter.aspxMon, 28 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Focus_on_Public_Policy_Newsletter.aspxIn this issue of Focus on Mining, Alan Hutchison considers the challenges that those in the mining industry face when following continuous disclosure practices. A recent Notice of Hearing issued by the British Columbia Securities Commission (“BCSC”) may require mineral exploration companies to re-visit their continuous disclosure practices. On April 24, 2012 the BCSC issued a Notice of Hearing against four current and former directors of Canaco Resources Inc. (“Canaco”) alleging that they breached applicable securities laws in connection with the disclosure of drill results from Canaco’s Magambazi gold exploration project in Tanzania, as well as in connection with certain stock option grants around the same time. While none of these allegations have as yet been proven, certain facts have emerged from both the BCSC’s allegations and Canaco’s public response that merit discussion of common continuous disclosure practices by mineral exploration companies.  Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Focus_on_Mining_Hutchison.aspxFri, 25 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Focus_on_Mining_Hutchison.aspxIn this issue of Focus on Mining, David Hunter, Nalin Sahni and George McKibbon (McKibbon Wakefield Inc.) discuss Canada’s new environmental assessment regime and what miners need to know.  As part of the federal budget, the government has proposed a complete overhaul of federal environmental assessment in Canada. The repeal and re-enactment of the Canadian Environmental Assessment Act (“CEAA”) and amendments to other federal environmental legislation amounts to the most significant change in federal environmental assessment (“EA”) since the legislation was first created decades ago. Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Focus_On_Mining.aspxThu, 24 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Focus_On_Mining.aspxThis discussion paper, co-authored by FMC Partner, Dick Haldane, was written prior to the Alberta Court of Appeal decisions in Prairie Communities Development Corp. v. Okotoks (Town), 2011 ABCA 315 and A.R.W. Development Corp. v. Beaumont (Town), [2012] 3 W.W.R. 1, 2011 CarswellAlta 2167, 2011 ABCA 382. Shelter for all purposes, whether commercial, industrial or residential is the most basic of needs and it is through the cooperation of municipalities and developers that this need is satisfied. Municipalities, together with developers, have a shared responsibility to provide to the residents of the municipality accommodation to meet their needs. This need is met through a cooperative effort by the municipality exercising its rights as a regulatory authority and as the operator and ultimately the owner of the municipal infrastructure that services all accommodation. It is provided by the developer bringing forward its lands and its capital. Neither developers nor municipalities alone can provide functional accommodation without the other. Prepared For: Alberta Municipal Legal Advisors, 2011 Conference. Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Development_Agreements_A_Sheild_or_a_Sword.aspxWed, 23 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Development_Agreements_A_Sheild_or_a_Sword.aspxIn this issue of Focus on Environmental Law, FMC Articling Student Ryan Maynard discusses the limitation periods after Hamilton (City) v Metcalfe & Mansfield Capital Corporation. In Hamilton (City) v Metcalfe & Mansfield Capital Corporation (“Metcalfe”), the Ontario Court of Appeal (“ONCA”) examined limitation periods and the discoverability principle in an action for negligent misrepresentation. While this decision does not directly deal with environmental law, the distinction between “damage” and “damages” will have a significant impact on the application of limitation periods in contaminated land litigation. Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Focus_On_Environmental_Law_Hamilton_Metcalfe_Mansfield_Capital_Corp.aspxThu, 17 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Focus_On_Environmental_Law_Hamilton_Metcalfe_Mansfield_Capital_Corp.aspxThe Oh Canada newsletter provides a monthly update on the following energy industry topics: Oil Sands East Coast News West Coast News Canadian Arctic News Alternative Energy On the Horizon Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Oh_Canada.aspxThu, 17 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Oh_Canada.aspxAmong the more significant proposed changes to the Income Tax Act (Canada) (the “Act”) announced in the March 29, 2012 federal Budget (the “Budget”) are the so-called “foreign affiliate dumping” rules that will affect Canadian resident corporations controlled by non-resident shareholders where the Canadian corporation invests in foreign affiliates. A number of technical issues arise under the proposed legislation. This article briefly reviews the proposed legislation, and specifically considers the application of the new rules where the Canadian-resident corporation is an unlimited liability company (“ULC”).http://www.fmc-law.com/Publications/0512_What_Happens_If_Your_CRIC_Is_A_ULC.aspxThu, 17 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_What_Happens_If_Your_CRIC_Is_A_ULC.aspxMore than two-thirds of Ontario companies charged under the Occupational Health and Safety Act plead guilty. Defendants who plead guilty and allow the court to set their fines pay, on average, 40% less in fines than defendants who plead guilty and accept the Ministry of Labour’s proposed fine. At least one party is convicted and fined in 82% of Ontario workplace incidents that result in occupational health and safety charges. Two-thirds of corporations that go to trial are found guilty. These are some of the nine findings that we have drawn from our study of unpublished prosecution data obtained from the Ontario Ministry of Labour through a Freedom of Information request. From the data, which involves 863 defendants - 592 corporations and 271 individuals such as supervisors and workers - charged with offences under the Occupational Health and Safety Act, we have been able to paint a statistical picture of what actually happens when employers, supervisors, workers and others are charged under the Occupational Health and Safety Act.  All of the charges in our study were resolved during the eighteen-month period from January 2009 to June 2010. Our nine findings from the data are set out in this report. To read the full report, please click here.http://www.fmc-law.com/Publications/0512_OHS_Act_Charges_Miedema_Hall.aspxWed, 16 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_OHS_Act_Charges_Miedema_Hall.aspxOn May 14, 2012, the Parliamentary Standing Committee on Access to Information, Privacy and Ethics tabled its report with respect to the Statutory Review of the Lobbying Act. Section 14.1 of the Act, which came into force June 20, 2005, states that a comprehensive review of the Act's provisions and operation must be undertaken every five years. Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Focus_On_Public_Policy.aspxWed, 16 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Focus_On_Public_Policy.aspxThis paper, originally presented at the 2010 CCLA Solicitors Conference, reviewed particular factors that drafters must consider when including forum clauses in contracts as well as the tests the courts have used when jurisdiction has been disputed and how they had been changed by the Ontario Court of Appeal in the Van Breda decision. In so doing, we indicated where the tests and applications of the test remain unclear. The paper was updated in 2011 to address two significant decisions by the Ontario Court of Appeal in Expedition and Momentous which elaborated the factors constituting “strong cause” not to enforce a foreign jurisdiction clause. The Momentous decision also determined that following a finding of jurisdiction simpliciter there are two different classes of cases in which the court is asked to exercise its discretion to take jurisdiction:  one arises on a forum non conveniens motion; the other where the parties have agreed to a forum to resolve their disputes. The Ontario Court of Appeal found that each class of case has its own onus, test and rationale. In 2012 the Supreme Court of Canada released decisions dismissing the Van Breda and Momentous appeals and has clarified most (but not all) of the confusion surrounding the international private law of jurisdiction in Ontario. In Van Breda the Supreme Court clearly states the doctrine of forum non conveniens, simplifies the real and substantial connection test for determining jurisdiction simpliciter and in so doing seems to have blurred the traditional distinction between presence-based, consent-based and assumed jurisdiction simpliciter: “ostensibly conflating presence and consent under the rubric of assumed jurisdiction.”   Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Just_Jurisdiction_Updated_2012.aspxMon, 14 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Just_Jurisdiction_Updated_2012.aspxThe Supreme Court of Canada (“SCC”) recently considered whether a party had waived its right to rely on contractual arbitration and forum selection clauses by defending an Ontario action on the merits. In Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd., 2012 SCC 9, the SCC unanimously affirmed an Ontario Court of Appeal ruling that a defence on the merits did not amount to a waiver of contractual arbitration and forum selection clauses. In doing so, the Court reinforced Canada’s status as an arbitration friendly jurisdiction that will give strong deference to arbitration and choice of forum clauses in commercial agreements. However, the decision leaves considerable uncertainty about when a defence or delay in moving might amount to a waiver of such clauses in other circumstances. The SCC decision was brief and focused on the narrow issue of whether the Ontario Rules of Civil Procedure permitted dismissal of the action based on the arbitration and forum selection clauses, notwithstanding the delivery of a statement of defence which specifically pleaded these clauses. The SCC did not consider when a “strong cause” might exist to displace contractual arbitration and forum selection clauses nor did it address the doctrine of waiver by attornment. The SCC held that the relevant rules did not limit the time during which a motion to dismiss the action could be brought. In effect, the lack of such restriction was held to oust any inferred waiver of the arbitration and choice of forum clauses that might exist at common law by virtue of defending. In this context, the SCC found that a statement of defence that specifically pleads a foreign forum selection clause does not amount to consent that the courts of Ontario assume jurisdiction so as to preclude consideration of the merits of whether to enforce the clause. Accordingly, the appeal was dismissed, ending the Ontario action. Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Focus_on_Alternative_Dispute_Resolution.aspxThu, 10 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Focus_on_Alternative_Dispute_Resolution.aspxAll Canadian provinces and territories have recently amended their securities statutes to contain provisions that create civil liability for secondary market misrepresentation. Investors that purchase an issuer's securities on the secondary market may now bring claims for misrepresentation and failure to make timely disclosure of a material change. As a result, there has been a marked increase in the number of securities class actions in Canada. This article provides: an overview of the policy rationale behind the new statutory regime; an examination of the regime's key features; and an analysis of the case law that has developed around the provisions so far. To read the full article, visit the Practical Law Company Website.http://www.fmc-law.com/Publications/0512_Secondary_market_liability_in_Canada.aspxWed, 09 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Secondary_market_liability_in_Canada.aspxIt has been said that doing what you’ve always done gets you what you’ve always gotten. On October 31, 2011, the Ontario Ministry of the Environment (the “MOE”) moved forward with the modernization of its environmental approvals process. The MOE describes the new online system as “smarter” and “faster”. It is intended to make environmental compliance easier for businesses, to provide public access to information on businesses that impact the environment and to assist with the enforcement of Ontario’s environmental standards. The changes will have a considerable impact on Ontario’s regulated businesses. Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Focus_On_Environmental_Law_Ontario_New_Environmental_Approvals.aspxTue, 08 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Focus_On_Environmental_Law_Ontario_New_Environmental_Approvals.aspxOn March 30 of this year, in response to a question about whether the Canadian government would permit a takeover of Blackberry maker Research In Motion, Canadian Finance Minister Flaherty commented that shareholders of Research In Motion were the “masters of their own destiny”. This comment was widely reported as signalling the Canadian Government’s openness to a foreign takeover of the Canadian icon and was good news for foreign investors Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Focus_on_Foreign_Investment_Review.aspxTue, 01 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Focus_on_Foreign_Investment_Review.aspxIn 2008, I presented a paper entitled “Section 37 – An Update on ‘Let’s Make a Deal’ Planning”. The purpose of this paper is to update the Update and to provide further thoughts on the exact nature of Section 37 and whether or not it is being used as a tax. Read more by clicking the download button.http://www.fmc-law.com/Publications/Devine_Patrick_Section_37_Further_Update_and_Question_Is_it_a_Tax_May_2312.aspxTue, 01 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/Devine_Patrick_Section_37_Further_Update_and_Question_Is_it_a_Tax_May_2312.aspxOn April 26, 2012, the Supreme Court of Canada (“SCC”) refused leave to appeal from the reversal of a $36 million environmental class action award against Inco. As usual, the SCC did not give reasons for declining to hear the appeal. The refusal of the leave application means the decision of the Ontario Court of Appeal (“ONCA”) will stand (See November 2011 Focus on Environmental Law). The parties now face a determination of the trial costs awarded to Inco (costs of the appeal have been fixed at $100,000). Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Focus_On_Environmental_Law.aspxTue, 01 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Focus_On_Environmental_Law.aspxIn Jones v Tsige 2012 ONCA 32 the Court of Appeal for Ontario issued the first definitive statement from a Canadian appellate court that there is a common law right of action for intrusion upon seclusion, or invasion of personal privacy. The elements of the new tort are defined by reference to the Restatement (Second) of Torts (2010), following the approach taken by US and Australian courts. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_The_Development_of_Privacy_Torts_Ontario.aspxTue, 01 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_The_Development_of_Privacy_Torts_Ontario.aspxOn April 24, 2012, Canada announced that due to political change in Burma (also known as Myanmar), it has moved to lift certain of its sanctions against Burma by removing it from the Area Control List, and by removing most prohibitions from the Special Economic Measures (Burma) Regulations. This alert provides an overview of these regulatory changes and of sanctions that remain in place to assist businesses that may wish to explore potential new opportunities in Burma. These amendments should be carefully reviewed and incorporated into the export control and screening procedures of Canadian companies who do business in and around Burma, and that are otherwise engaged in international trade. Read more by clicking the download button.http://www.fmc-law.com/Publications/0412_Focus_on_International_Trade.aspxMon, 30 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Focus_on_International_Trade.aspxIn an unusual case, the Ontario Ministry of Labour has charged a small town's volunteer fire department with safety offences under the Occupational Health and Safety Act. The case is of interest because it involves the Ministry of Labour using safety laws to scrutinize, through the courts, the actions of emergency response professionals who are faced with a crisis situation. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/0412_Volunteer_Fire_Departments_Actions_Scrutinized.aspxFri, 27 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Volunteer_Fire_Departments_Actions_Scrutinized.aspxIn Jones v. Tsige, 2012 ONCA 32, the Court of Appeal for Ontario issued the first definitive statement from a Canadian appellate court that there is a common law right of action for intrusion upon seclusion, or invasion of personal privacy. The elements of the new tort are defined by reference to the Restatement (Second) of Torts (2010), following the approach taken by American and Australian courts. Read more by clicking the download button.http://www.fmc-law.com/Publications/0412_Focus_on_Litigation_ADR.aspxWed, 25 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Focus_on_Litigation_ADR.aspxThe Ontario Court of Appeal's recent decision in Hamilton (City) v Metcalfe & Mansfield Capital Corporation is essential reading for persons considering bringing a tort-based action in Ontario. In its decision, the appeals court was clear that the 'damage' required to crystallise an actionable claim flows from the alleged tort, as opposed to the actual financial losses suffered by the plaintiff as a result. Thus, as was the case in Hamilton, where a plaintiff enters into a transaction in reliance on a negligent misrepresentation and fails to receive what it expected, 'damage' is suffered at the moment that the plaintiff enters into the transaction because it is then in a worse position than before the transaction. It is at this point (and not when the amount of actual loss is understood) that the cause of action is complete. Once such 'damage' is discovered, the limitation period commences. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/0412_Court_clarifies_the_requirement_of_damage.aspxTue, 24 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Court_clarifies_the_requirement_of_damage.aspxSonja K. Homenuck and Michael Toshakovski co-authored the article "Good, Better, Best: The Consequences of Agreeing to Use Best Efforts in a Commercial Lease" published in British Columbia Real Estate Law Developments. Parties negotiating a lease often negotiate the standard that must be met when fulfilling their contractual obligations. But what does it mean to use “commercially reasonable efforts” or “reasonable efforts” or “best efforts” and the like? Exactly what these competing standards entail is often a source of confusion for both the parties and their lawyers. Further complicating the matter is the question of when a party to a contract is entitled to reduce or stop making the required efforts. This article will report on a recent case that discusses both the level and duration of effort required. This article includes discussion on the following: Diamond Robinson Building Ltd. v. Conn Facts The Meaning of “Best Efforts” The Landlord’s Continuing Obligations Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/0412_Good_Better_Best_Consequences_Commercial_Lease.aspxMon, 23 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Good_Better_Best_Consequences_Commercial_Lease.aspxThe tort law reform of the motor accident insurance compensation scheme in the state of New South Wales in 1999 was accomplished through a novel experiment in regulatory negotiation among a working group of representatives of the service providers of the scheme. This article is a first hand account of the enterprise authored by the facilitator engaged by the Motor Accidents Authority to explore the possibilities of a consensual modification of the scheme. The experience raises the question of whether this mode of law reform could have effective application in other areas of law reform and the question of whether the changes made signal a transformation in the tort principle of compensation from one of monetary recovery to one of better rehabilitation outcomes. Read more by clicking the download button.http://www.fmc-law.com/Publications/0412_Transaction_Cost_Governance_Engineering_Motor_Accident_Insurance.aspxMon, 23 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Transaction_Cost_Governance_Engineering_Motor_Accident_Insurance.aspxIn TransAlta Corporation v. The Queen, 2012 TCC 86 (T.C.C.) ("TransAlta”), the Tax Court of Canada had to consider whether a corporation could deduct the value of shares paid as bonuses to employees for past services rendered. TransAlta argued that the value of the shares was deductible as if it had paid the bonuses in cash. The Crown argued that the value of the shares was not deductible pursuant to paragraph 7(3)(b) of the Income Tax Act (the “Act”), which essentially prevents an employer from deducting an amount of a stock option benefit conferred on an employee. The issue to be resolved, therefore, was whether the plan to pay the bonuses with shares was a stock option plan for the purposes of section 7. Republished with permission from CCH Canadian Ltd. Read more by clicking the dowload button.http://www.fmc-law.com/Publications/0412_Iorio_Samantha_Tax_Topics_CCH.aspxThu, 19 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Iorio_Samantha_Tax_Topics_CCH.aspxToday the Supreme Court of Canada released its much anticipated decision in Club Resorts Ltd. v. Van Breda, 2012 SCC 17 (“Club Resorts”), and provided a new common law test for determining when a court can assume jurisdiction over an out-of-province defendant. Here is a brief summary of the new test; a more detailed analysis will follow. Read more by clicking the download button.http://www.fmc-law.com/Publications/0412_Focus_On_Litigation.aspxWed, 18 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Focus_On_Litigation.aspxThe Oh Canada newsletter provides a monthly update on the following energy industry topics: Oil Sands East Coast News West Coast News Canadian Arctic News Alternative Energy On the Horizon Read more by clicking the download button.http://www.fmc-law.com/Publications/0412_Oh_Canada.aspxTue, 17 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Oh_Canada.aspxNaomi Horrox and Andy Pushalik, members of Fraser Milner Casgrain LLP’s (FMC) Employment and Labour Group, co-authored Your Employment Standards Questions Answered – Federal and Provincial Guidance, 5th Edition featuring updated legislation, new chapters and court rulings. Your Employment Standards Questions Answered – Federal and Provincial Guidance, 5th Edition provides answers to employment standards, wrongful dismissal, human rights, and workplace equity questions across 14 jurisdictions in Canada. It is intended for employers, human resources professionals, employees, consultants and all those concerned with the employment relationship. In this book: Defining and Regulating the Employment Relationship Minimum Age of Employment Minimum Wages and Call-In Pay Hours of Work and Overtime Pay Statutory Holidays Vacations with Pay Leaves of Absence Payment of Wages Personnel Records Termination of Employment Wrongful Dismissal Discrimination in Employment Harassment at Work Equal Pay and Pay Equity Employment Equity Enforcement of Employment Standards   For more information or to order a copy of Your Employment Standards Questions Answered – Federal and Provincial Guidance, 5th Edition as published by CCH Canadian Ltd.http://www.fmc-law.com/Publications/0412_Your_Employment_Standards_Questions_Answered_5th_Edition.aspxMon, 16 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Your_Employment_Standards_Questions_Answered_5th_Edition.aspxIn this issue of Focus on Real Estate, the following items are discussed: Good, Better, Best: The Consequences of Agreeing to Use Best Efforts in a Commercial Lease Legal Fallout from Falling Glass Toronto’s New Downtown Tall Buildings Guidelines Read more by clicking the download button.http://www.fmc-law.com/Publications/0412_Focus_on_Real_Estate.aspxWed, 11 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Focus_on_Real_Estate.aspxSince 2006, the Government has been working to streamline the review process for major economic projects so that projects proceed in a timely fashion while protecting the environment. For example, in 2010 the Government amended the Canadian Environmental Assessment Act to allow assessments to start sooner and reduce duplication, and created participant funding programs to ensure meaningful public engagement in the review process. These steps have made a difference, but more needs to be done. Currently, companies undertaking major economic projects must navigate a complex maze of regulatory requirements and processes. Approval processes can be long and unpredictable. Delays and red tape often plague projects with few environmental risks. Under the current system, thousands of smaller projects with little or no risk to the environment are caught up in the federal environmental review process. The types of small projects that can be needlessly subjected to lengthy reviews include construction of a new pumping house for the expansion of a maple syrup plant, and the replacement of an existing culvert under a causeway. By forcing these thousands of low-risk projects to go through the review process, the current system draws resources away from projects that have the greatest impact on the environment. This approach is not economically sound or environmentally beneficial. Read more by clicking the download button.http://www.fmc-law.com/Publications/0412_Focus_on_Mining.aspxMon, 02 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Focus_on_Mining.aspxIn this issue of Focus on Pensions | Benefits, Heather Di Dio discusses the Ontario and federal governments release of the budgets for 2012. Last week, the Ontario and federal governments released their budgets for 2012. While the Ontario budget, Strong Action for Ontario (Ontario Budget), included numerous reforms that will impact private sector pension plans, the same could not be said for the federal JobsGrowth and Long-Term Prosperity: Economic Action Plan 2012 (Federal Budget). Employers in Ontario offering private pension plans should examine the need to change their current pension arrangements, while federally-regulated employers offering similar types of arrangements can rest easy (at least for another year). Read more by clicking the download button.http://www.fmc-law.com/Publications/0412_Focus_on_Pensions_Benefits.aspxMon, 02 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Focus_on_Pensions_Benefits.aspxThe March 29, 2012 Canadian federal budget (the “Budget”) proposes a number of changes to Canada’s thin capitalization rules that may have significant implications to cross-border financing. Clients should review existing financing arrangements to assess the potential implication of these changes and must carefully consider proposed Canadian investments to ensure compliance with the new regime. Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Beefing_Up_Canada_Thin_Capitalization_Rules.aspxSun, 01 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Beefing_Up_Canada_Thin_Capitalization_Rules.aspxFederal Budget 2012 This annual publication is produced by the National Tax Group of Fraser Milner Casgrain LLP (FMC), together with CCH.  This edition contains editorial comments regarding the tax proposals announced in the 2012 Federal Budget by the Honourable James M. Flaherty, P.C., M.P., Minister of Finance.  Tax Analysis Several FMC tax lawyers are on the Editorial Board of the CCH Canadian Tax Reporter, and even more are involved in writing the CCH tax commentary in the Reporter. On March 29, 2012, FMC tax lawyers and CCH participated in the Budget lockup to produce the CCH commentary on the Budget's tax measures. Following the lockup, the document was reviewed by members of FMC’s National Tax Group who also had the opportunity to provide their commentary. To view the Resolutions and CCH editorial commentary, please click here. Federal Budget Documents For complete budget documents, please click here. Read more by clicking on the download button.http://www.fmc-law.com/Publications/0312_Focus_On_Tax_Federal_Budget_2012.aspxThu, 29 Mar 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0312_Focus_On_Tax_Federal_Budget_2012.aspxAre you one of those who have been monitoring the progress of Canada’s Anti-Spam Law (CASL)? If so, you may also have given some thought to the difference between the existing U.S. rules under the CAN-SPAM Act, and the new Canadian rules under CASL coming into force in 2012. After all, the CAN-SPAM rules have been in place for years, and have become accepted industry practice for marketers and others in the U.S., and to a certain extent, informally, in Canada. To read the full blog entry, please visit the Data Governance Law Blog.http://www.fmc-law.com/Publications/0412_CASL_CAN_SPAM_Summary.aspxWed, 28 Mar 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_CASL_CAN_SPAM_Summary.aspxIn this issue of Focus on Environmental Law, the following topic is discussed: Quebec adopts new cap-and-trade system for greenhouse gas emission allowances On December 15, 2011, Pierre Arcand, Quebec’s Minister of Sustainable Development, Environment and Parks, announced the adoption of the Regulation respecting the cap-and-trade system for greenhouse gas emission allowances, which implements the first cap-and-trade system for greenhouse gas emission ("GHG") allowances in Canada. The regulation came into force on January 1, 2012. This regulation follows the draft regulation, which was adopted on July 7, 2011. It is based on the rules established by the Western Climate Initiative ("WCI"), which is composed of six U.S. states, as well as Ontario, British-Columbia, Manitoba and Quebec. Quebec adopted this regulation closely after California adopted its regulation implementing a cap-and-trade system for GHG emission on October 20, 2011, a program that will also begin on January 1, 2013. Read more by clicking the download button.http://www.fmc-law.com/Publications/0312_Focus_on_Environmental.aspxMon, 26 Mar 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0312_Focus_on_Environmental.aspxAdrian Miedema and Christina Hall wrote the second edition of "HR Manager's Guide to Background Checks and Pre-Employment Testing". There are many types of pre-employment background checks or tests available to employers. These checks can assist employers in hiring applicants that are well-qualified and skilled for the positions for which they are applying. Some of these checks will also assist employers in identifying "red flags" and thus mitigating against certain risks – such as hiring an applicant that may pose a risk of fraud or theft to the organization. Other types of checks will help employers obtain a sense of who the applicant is as a person, so that they can better assess whether the applicant will "fit" within the organization. In recent years, employers have begun to check references with greater frequency and thoroughness. This book has been designed to help employers understand what types of checks are legally permissible, and how to conduct these checks in a way that minimizes risk to employers. The authors advise that interviews and reference checks be conducted before the employer extends a conditional offer of employment to the job applicant, but all other background checks and tests discussed in this book should be performed afterwards. The following types of background checks are reviewed in this book: personal interviews, reference checks, education and professional certification checks, credit checks, psychometric tests, medical and fitness tests, police records checks, drug and alcohol tests, and immigration, terrorism and industry-specific security checks. New in this edition: Completely revised chapter on police records checks Expanded coverage of the use of the internet and social networks for background-checking New chapter on court searches Discussion of developments in the law and science of drug and alcohol testing       Republished with permission. To purchase the book from the publisher, please click on the image above.http://www.fmc-law.com/Publications/0312_Miedema_Hall_HR_Guide_Background_Checks_Pre_Employment_Testing.aspxMon, 26 Mar 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0312_Miedema_Hall_HR_Guide_Background_Checks_Pre_Employment_Testing.aspxThe results of the much anticipated review of the Ontario Feed-in-Tariff Program (the “FIT Program”) were released today (the “Review Report”). The FIT Program, North America’s first comprehensive renewable energy feed-in-tariff regime was enabled by the Green Energy and Green Economy Act (Ontario) in 2009 and began accepting applications in October 2009. Since that time, the Ontario Power Authority (the “OPA”) has received over 10,000 applications for power purchase agreements under the program (each a “FIT Contract”) and gone on to execute FIT Contracts representing over 4,600 MW of renewable energy capacity. Read more by clicking the download button.http://www.fmc-law.com/Publications/0312_Focus_On_Energy.aspxThu, 22 Mar 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0312_Focus_On_Energy.aspxThere are not many cases where a taxpayer has sued the Canada Revenue Agency successfully for any sort of misfeasance. There may be several reasons for this: first, in general the CRA tries its best to do a good job and is not often guilty of misfeasance. Second, taxpayers often just want to get on with their lives and do not want to spend several years and tens of thousands of dollars in legal fees suing the CRA. But third, there is a difficult issue to address as to which court has jurisdiction to hear the suit. That was the subject of a recent decision of the British Columbia Court of Appeal in Leroux v. Canada Revenue Agency. Reproduced with permission from CCH Canadian Limited. Read more by clicking the download button.http://www.fmc-law.com/Publications/0312_Nitikman_Joel_To_Sue_Or_Not_To_Sue.aspxWed, 21 Mar 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0312_Nitikman_Joel_To_Sue_Or_Not_To_Sue.aspxOn February 9, 2012,  the Federal Court of Appeal (the “FCA”) issued its decision in Canada (Fisheries and Oceans) v. David Suzuki Foundation, 2012 FCA 40, dismissing the appeal of the Minister of Fisheries and Oceans (the “Minister”) and holding that ministerial discretion does not “legally protect” critical habitat under section 58 of the Species at Risk Act S.C. 2002 c. 29 (“SARA”). The FCA further held that it was unlawful for the Minister to have cited discretionary provisions of the Fisheries Act R.S.C., 1985, c. F-14, in a protection statement concerning the critical habitat of the Northeast and Southern populations of killer whales. Read more by clicking the download button.http://www.fmc-law.com/Publications/0312_Suri_Kanika_New_Federal_Court_of_Appeal_Decision_Protect_Killer_Whale_Habitats.aspxTue, 20 Mar 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0312_Suri_Kanika_New_Federal_Court_of_Appeal_Decision_Protect_Killer_Whale_Habitats.aspxOn January 27 2012 the Ontario Court of Appeal released its decision in Fischer v IG Investment Management Ltd. The court held that capital markets participants which reach a settlement agreement with the Ontario Securities Commission (OSC) with respect to securities law infractions may still be exposed to civil liability in class actions. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/0312_Schafler_Michael_Soloman_Lam_Settlements_Ontario_Securities_Commission.aspxWed, 14 Mar 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0312_Schafler_Michael_Soloman_Lam_Settlements_Ontario_Securities_Commission.aspxThe Canadian Radio-television and Telecommunications Commission (CRTC) has made and registered its Electronic Commerce Protection Regulations for the Anti-Spam Act (CASL). The regulations set out the information to be included in, and the form of, commercial electronic messages (CEMs), and information to be included in a request for consent. The regulations also address how to get consent for the installation of computer programs. To read the full blog entry, please visit the Data Governance Law Blog.http://www.fmc-law.com/Publications/0412_CRTC_Finalizes_Anti_Spam_Regulations.aspxTue, 13 Mar 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_CRTC_Finalizes_Anti_Spam_Regulations.aspxTax law geeks call it “form over substance” - how Canadians are taxed on their actual relationships and transactions rather than what they intended those to be. However, mistakes can be made - and sometimes the tax assessed is not reflective of the true nature of the situation at hand. One solution is to seek an order of rectification, which is an equitable remedy granted by a provincial superior court that has the effect of correcting mistakes in documents that don’t accord with the parties’ agreement. Generally, a court will only grant rectification where the taxpayer is able to demonstrate that the parties to an agreement had a common and continuing intention and that the written instrument does not reflect the true agreement of the parties. Read more by clicking the download button.http://www.fmc-law.com/Publications/0312_Trust_me_Timothy_Fitzsimmons.aspxTue, 13 Mar 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0312_Trust_me_Timothy_Fitzsimmons.aspxThe Oh Canada newsletter provides a monthly update on the following energy industry topics: Oil Sands East Coast News West Coast News Canadian Arctic News Alternative Energy On the Horizon Read more by clicking the download button.http://www.fmc-law.com/Publications/0312_Oh_Canada_February.aspxThu, 08 Mar 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0312_Oh_Canada_February.aspxThe Ontario Divisional Court's recent decision in Deeb v IIROC, 2012 ONSC 1014 (CanLII) will be of interest to securities law practitioners with clients operating in Ontario, as it speaks to the ability (or inability) of respondents to circumvent the disciplinary process of the Investment Industry Regulatory Organisation of Canada (IIROC) by means of an application for judicial review. Deeb confirms that, in line with previous decisions, IIROC derives its authority from the contractual relationships with its members and not from statute, and that when an individual or firm contractually submits to IIROC's jurisdiction, it is bound by that commitment and will be unable to bypass IIROC's disciplinary procedures by proceeding directly to the civil courts. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/0312_Court_Confirms_IIROC_Jurisdiction.aspxTue, 06 Mar 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0312_Court_Confirms_IIROC_Jurisdiction.aspxIn this article, David Hunter, Nalin Sahni and George McKibbon (McKibbon Wakefield Inc.) discuss the “Drummond Report” on rethinking Provincial governance and Ontario’s economy and its impact on the mining industry. The Drummond Report calls for increased mining taxes and user fees and "a new paradigm for environmental and natural resource programs", licensing, and services that could both hinder and simplify mining development and operations. Read more by clicking the download button.http://www.fmc-law.com/Publications/0312_Hunter_Sahni_Drummond_Report.aspxTue, 06 Mar 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0312_Hunter_Sahni_Drummond_Report.aspxOn February 29, 2012, the Federal Court of Appeal (“FCA”) heard oral argument in The Sheldon Inwentash and Lynn Factor Charitable Foundation v. Her Majesty the Queen (FCA Court File No. A-235-11). Pursuant to subsection 172(3) of Income Tax Act (Canada) (the “Act”), an appeal of the Minister of National Revenue’s decision to refuse charitable registration is made directly to the FCA. The Appellant trust is appealing the Canada Revenue Agency’s (the “CRA”) decision to refuse to register the Appellant as a “public foundation” within the meaning of subsection 149.1(1) of the Act. The Appellant was instead registered as a “private foundation”. Read more by clicking the download button.http://www.fmc-law.com/Publications/0212_Brodlieb_Jesse_Sheldon_Inwentash_and_Lynn_Factor_Charitable_Foundation_v_Queen.aspxWed, 29 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Brodlieb_Jesse_Sheldon_Inwentash_and_Lynn_Factor_Charitable_Foundation_v_Queen.aspxThe Tax Court has once again considered the meaning of the phrase “beneficial owner” for purposes of the tax treaty between Canada and the Netherlands. It has also once again ruled in favour of the taxpayer in determining that a Dutch holding company was the “beneficial owner” of amounts received from a related Canadian company. On February 24, 2012, the Tax Court of Canada released its eagerly-anticipated decision in Velcro Canada Inc. v. Her Majesty the Queen, which addresses the applicable Canadian withholding tax rate in respect of cross-border royalty payments within a multinational corporate group. The decision comes almost four years after the Tax Court released its landmark decision in Prévost Car Inc. v. The Queen, which dealt with the identical treaty interpretational issue in the context of cross-border dividend payments. These decisions are relevant to any multinational enterprise using a foreign holding company as an investment/financing vehicle and provide considerable comfort concerning the tax effectiveness of such structures. Read more by clicking the download button.http://www.fmc-law.com/Publications/0212_Peters_Matthew_Beneficial_Owner_CRA_Assessment_of_Velcro_Does_Not_Stick.aspxMon, 27 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Peters_Matthew_Beneficial_Owner_CRA_Assessment_of_Velcro_Does_Not_Stick.aspxIn this issue of Focus on Franchise Law, Stéphane Teasdale and  Mélanie Jacques discuss the January 13th decision in the case of Distribution Stereo Plus Inc. c. 140 Greber Holding Inc., the Quebec Superior Court reaffirmed that penalty provisions and provisions relating to the reimbursement of legal costs both have their place in a franchise agreement. On November 26, 2001, Distribution Stereo Plus Inc. ("Stereo Plus") signed a franchise agreement with 140 Greber Holding Inc. ("Greber") in relation with the operation of a Stereo Plus store in Gatineau. Like all other Stereo Plus franchisees, by signing the franchise agreement, Greber agreed to follow the pre-established operational framework and design in accordance with the Stereo Plus system (the "System"). Read more by clicking the download button.http://www.fmc-law.com/Publications/0212_Focus_on_Franchising.aspxThu, 23 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Focus_on_Franchising.aspxIn this edited collection of blog posts, FMC Partner Timothy M. Banks discusses his take on writing board minutes from a litigation risk management perspective. Board meeting minutes are required by nearly all business corporation statutes in Canada. More importantly, maintaining board minutes is prudent. Failing to accurately record the board’s deliberations with appropriate detail may lead to adverse inferences regarding whether directors have fulfilled their duties. Nevertheless, there is a natural tension between providing sufficient detail to avoid any adverse inference being drawn against the directors and a lingering apprehension that an innocuous record might, with hindsight, be twisted out of context in litigation. And, of course, drafting well-written and well-structured board minutes is time consuming! In his blog posts on this topic, Timothy outlined five litigation-driven suggestions that the corporate secretary might consider when preparing minutes. In summary, those suggestions are: 1. Use the “Front Page of the Newspaper” Test2. Keep the Purposes Front and Centre3. Draft to Minimize Unnecessary Production4. Draft to Protect Privilege and Confidentiality5. Be Alert to Process Issues Read more by clicking the download button.http://www.fmc-law.com/Publications/0112_Banks_Tim_Board_Minutes.aspxWed, 22 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0112_Banks_Tim_Board_Minutes.aspxOn February 20th, 2012, FMC responded to the AMF's Request for Comment regarding compensation of consumers of financial products and services in Québec. FMC's  response is quite exhaustive and recommends important structural changes to the present public compensation system for victims of financial fraud, with a definite bias towards greater harmonization with similar regimes in Canada and the possible recognition of the Mutual Fund Dealer Association (MFDA) as an SRO in Québec.  Read the related publications by clicking on the following links:  A Practical Approach To Enhance The Protection of Quebec Mutual Fund Investors A Roadmap For Strengthening The Protection of Quebec Mutual Fund Investorshttp://www.fmc-law.com/Publications/0212_Syntehese_A_Practical_Approach.aspxWed, 22 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Syntehese_A_Practical_Approach.aspxThe new Canada Not-for-Profit Corporations Act ("NFP Act") came into force on October 17, bringing with it a new framework for the governance and incorporation of associations, charities and other federal not-for-profit organizations. The presentation below provides a review of most significant elements of the NFP Act, with an overview of the following points: New Requirements for By-laws Corporate Obligations Directors' Duties Members' Enhanced Rights Financial Accounting and Disclosure 5 Steps to Transition Learn more by viewing the Slideshare presentation below. Canada Not-for-Profit Corporations Act View more presentations from FMC Law This presentation contains examples of the kinds of issues companies dealing with Canada Not-for-Profit Corporations Act could face. If you are faced with one of these issues, please retain professional assistance as each situation is unique.http://www.fmc-law.com/Publications/0212_Canada_Not_for_Profit_Corporations_Act.aspxWed, 22 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Canada_Not_for_Profit_Corporations_Act.aspxIn this issue of Focus on China, the following items are discussed: Bridge to China: PM Harper's Visit to China to Facilitate Canada-China Investment and Trade Update on Foreign Investment Review in Canada FMC’s David Hunter Lectures at University in Shanghai Read more by clicking the download button.http://www.fmc-law.com/Publications/0212_Focus_On_China.aspxWed, 22 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Focus_On_China.aspx??????????,????????????: ???????:?????????,????????????? ????????????? FMC??????????????? ???????,????????http://www.fmc-law.com/Publications/0212_Focus_On_China_Chinese.aspxWed, 22 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Focus_On_China_Chinese.aspxImmediate action is required for new housing sales effective February 18th, 2012. Please review the article for highlights of the necessary disclosure requirements in purchase contracts starting effective February 18th, 2012. On February 17, 2012 the BC Minister of Finance and the Federal Department of Finance released rules for the transition from Harmonized Sales Tax (HST) under the Excise Tax Act (Canada) (ETA) to Provincial Sales Tax (PST) under BC legislation. The rules include general transitional rules, an enhancement of the new housing rebate, a transitional housing tax, and additional disclosure obligations on builders. Read more by clicking the download button.http://www.fmc-law.com/Publications/0212_Focus_On_Real_Estate.aspxFri, 17 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Focus_On_Real_Estate.aspxIn this article, Mary Picard and Jane Dietrich highlight key portions of two decisions from February 2012 of the Ontario Superior Court in Re Timminco Limited. In these decisions, the Court applied the reasoning of the Ontario Court of Appeal in the controversial Re Indalex decision (which previously held that in certain circumstances a pension plan wind-up deficit should be paid in priority to claims of secured creditors). The Supreme Court of Canada is scheduled to hear an appeal of Re Indalex on June 5, 2012.  In Re Timminco Limited, Justice Morawetz applied the reasoning of the Ontario Court of Appeal in Re Indalex but came to a different result. Justice Morawetz concluded that in the context of the CCAA proceedings at issue in Re Timminco Limited, it was appropriate and necessary for the Ontario statutory deemed trusts in respect of pension amounts to rank subordinate to the court-ordered administration charge, directors & officers charge and the debtor-in-possession charges.   Read more by clicking the download button.http://www.fmc-law.com/Publications/0212_Picard_Dietrich_Re_Timminco_Limited.aspxFri, 17 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Picard_Dietrich_Re_Timminco_Limited.aspxIn this article, Jacques Plante discusses CIBC World Markets Inc. v. Her Majesty the Queen, a decision of the Federal Court of Appeal reducing the effectiveness of sections 403 of the Federal Courts Rules and 147 of the Tax Court of Canada Rules (General Procedure). Based on this judgment, it appears as though the jurisprudence is moving towards creating a clear requirement for a principled basis for settlement in order for such settlement offers to have any relevance to or impact on cost awards. The parties to a dispute will have to be careful when drafting settlement offers if they hope to trigger any additional cost consequences after a successful hearing. Read more by clicking the download button.http://www.fmc-law.com/Publications/0212_Plante_Jacques_Settlement_Offers.aspxThu, 16 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Plante_Jacques_Settlement_Offers.aspxIn order for an option to renew or extend to be enforceable (as opposed to being a mere “agreement to agree”, which is unenforceable at law), there are two required elements: (1) a formula or reference standard to fix the new rent; and (2) procedural machinery to determine the new rent in the event that the parties don’t agree (i.e. an ADR process). The formula or reference standard should specify the valuation date for the rent determination, whether it is for a restricted or unrestricted use (e.g. “market rent for a financial institution” vs. “market rent”), and any geographic restrictions (e.g. the plaza/complex, within a particular radius of the subject location, within a specified city). This paper was written for the Law Society of Upper Canada's Six-Minute Commercial Leasing Lawyer program, Feb 15, 2012. Read more by clicking the download button.http://www.fmc-law.com/Publications/0212_Simplifying_Arbitration_Process_Renewal_Extension_Rent.aspxThu, 16 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Simplifying_Arbitration_Process_Renewal_Extension_Rent.aspxThe Oh Canada newsletter provides a monthly update on the following energy industry topics: Oil Sands East Coast News West Coast News Canadian Arctic News Alternative Energy On the Horizon Read more by clicking the download button.http://www.fmc-law.com/Publications/0212_Oh_Canada_January_2012.aspxWed, 15 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Oh_Canada_January_2012.aspxIn this article, Jacob Kaufman discusses Crookes v. Newton, a decision of the Supreme Court of Canada that the creation of a hyperlink to allegedly defamatory material was not publication of that material. In Crookes, Justice Abella, writing for the majority, held that creating a hyperlink to allegedly defamatory material was not publication of that material as communicating that something exists or where it exists is different from actually communicating it. Subjecting hyperlinks to the traditional publication rule "would be like trying to fit a square archaic peg into the hexagonal hole of modernity". Justice Abella clarified that creating a hyperlink could be defamatory where the hyperlink, in itself, conveyed defamatory meaning. The ruling did not address so-called 'embedded' or 'automatic' links that actually project content from a secondary website onto the primary website. Additionally, it may be an open question whether this ruling applies in Ontario due to the different statutory context. Read more by clicking the download button.http://www.fmc-law.com/Publications/0212_Kaufman_Jacob_Hyperlinks_Not_Publications.aspxTue, 14 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Kaufman_Jacob_Hyperlinks_Not_Publications.aspxIn this article, David Hunter, Nalin Sahni and George McKibbon (McKibbon Wakefield Inc.) discuss The Ministry of Northern Development and Mines (“MNDM”) revised Draft Class Environmental Assessment for Mining (the “Mining Class EA”). The Mining Class EA replaces two declaration orders on discretionary land tenure decision-making and mine rehabilitation. While the main purpose behind the Mining Class EA is to reduce the environmental impact of mining, those that hoped this document would help resolve competing land use issues and facilitate mining exploration and development may be disappointed. Read more by clicking the download button.http://www.fmc-law.com/Publications/0212_Focus_on_Mining_Draft_Mining_Class_Environmental_Assessment.aspxThu, 09 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Focus_on_Mining_Draft_Mining_Class_Environmental_Assessment.aspxIn this article, David McCutcheon discusses the advantages of arbitration for environmental disputes. First of all, an arbitrator with an environmental background either in law or engineering or both is able to assess complicated environmental evidence using a practical approach instead of a purely legal approach to liability. Furthermore, the parties to an arbitration have the power to have the matter heard privately under confidentiality agreements which protect the environmental elements from outside scrutiny while at the same time providing a full disclosure hearing to the parties. The parties can also adapt the hearing process to their particular needs through case management by the arbitrator who is hearing the ultimate case. Read more by clicking the download button.http://www.fmc-law.com/Publications/z_McCutcheon_Arbitration_of_Environmental_Disputes.aspxMon, 06 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/z_McCutcheon_Arbitration_of_Environmental_Disputes.aspx2011 saw a very active enforcement year for the Competition Bureau, while foreign investor jitters about Canada’s openness to investment following the Government’s rejection of BHP Billiton’s bid for Potash Corporation of Saskatchewan were somewhat allayed. This review highlights the most significant events in competition law and foreign investment review in 2011 and identifies developments to watch out for in 2012. Read more by clicking the download button.http://www.fmc-law.com/Publications/0212_Focus_on_Competition_Antitrust_January2012.aspxFri, 03 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Focus_on_Competition_Antitrust_January2012.aspxCanada’s Anti-Spam Legislation (CASL) was enacted in December 2010. Heard about it? It’s quite likely that you have, given its broad application to online communications, its significant penalties, and its reach outside of Canada.  To read the full blog entry, please visit the Data Governance Law Blog.http://www.fmc-law.com/Publications/0412_Anti_Spam_Legislation_Coming_soon_to_an_inbox_near_you.aspxThu, 02 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0412_Anti_Spam_Legislation_Coming_soon_to_an_inbox_near_you.aspxIn this article, Michael Schafler and John Zerucelli discuss Combined Air Mechanical Services Inc v. Flesch, a decision of the Ontario Court of Appeal that clarified the scope and availability of the summary judgment procedure in Ontario.  The court has introduced a new legal test – the 'full appreciation' test, which directs when a court may resolve a case by way of summary judgment under Rule 20 of the Rules of Civil Procedure. The court's ruling has provided much-needed clarity as to when summary judgment is appropriate. Essentially, if a case is too complicated (from an evidentiary point of view), a trial will be required. On the other hand, a motion court judge does have the power to hear viva voce evidence to clarify simple issues. How this theoretical framework will unfold remains to be seen. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/0112_International_Law_Office_New_Ontario_Summary_Judgment_Regime.aspxTue, 31 Jan 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0112_International_Law_Office_New_Ontario_Summary_Judgment_Regime.aspxThe evolution of requirements imposed on corporate directors and the need for directors to take charge of the debate on the governance of public companies listed for trading This discussion paper, drafted for the Collège des Administrateurs de sociétés, also deals with the following: Corporate governance reforms:  objectives and reality Perspectives on Canadian takeover bid regulations Why so few Quebec companies are listed for tradinghttp://www.fmc-law.com/Publications/0112_LortiePierre_Evolution_exigences_societes_regard_critique.aspxWed, 25 Jan 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0112_LortiePierre_Evolution_exigences_societes_regard_critique.aspxIn this issue of Focus on Alternative Dispute Resolution, the following topic is discussed: The New ICC Arbitration Rules – What You Need to Know On January 1, 2012, the International Chambers of Commerce’s newly revised Rules of Arbitration (the “2012 ICC Rules”) took effect. The new rules apply to all ICC arbitrations going forward, unless the parties agree to adopt the rules that were in effect when their arbitration agreement was executed. Read more by clicking the download button.http://www.fmc-law.com/Publications/0112_Focus_On_ADR.aspxTue, 24 Jan 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0112_Focus_On_ADR.aspxDans cette présentation, Me Jean H. Gagnon offre des conseils pratiques pour bien se préparer aux négociations.  Les outils qu'il propose sont les suivants: se préparer bien définir sa MASN trouver les véritables intérêts écouter prendre des notes détaillées Pour en apprendre davantage, consultez la présentation ci-dessous sur SlideShare. 5 (+1) outils pratiques pour mieux réussir vos négociations View more presentations from FMC Lawhttp://www.fmc-law.com/Publications/Gagnon_Jean_Outils_Pratiques_pour_Mieux_Reussir_vos_Negociations.aspxSat, 21 Jan 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/Gagnon_Jean_Outils_Pratiques_pour_Mieux_Reussir_vos_Negociations.aspxOn December 16, 2011, the Supreme Court of Canada (the “SCC”) released its  long-awaited decision in Copthorne Holdings Ltd. v. The Queen, 2012 DTC 5007. In a unanimous judgment, the SCC dismissed the appeal of the taxpayer and affirmed the Plans decisions of both the Federal Court of Appeal and the Tax Court of Canada. In reasons written by Justice Marshall Rothstein, the SCC concluded that the transactions in question contravened the general anti-avoidance rule (“GAAR”) contained in section 245 of the Income Tax Act (the “Act”) and were properly reassessed by the Minister of National Revenue (“Minister”). Reproduced with permission from CCH Canadian Limited. Read more by clicking the download button.http://www.fmc-law.com/Publications/0112_Harris_Mike_CCH_Tax_Topics.aspxFri, 20 Jan 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0112_Harris_Mike_CCH_Tax_Topics.aspxIn this issue of Focus on Franchise Law, the following items are discussed: The Quebec Court of Appeal Just Rendered an Important Judgment Regarding Franchisees’ Rights and Recourses in Case of Territorial Encroachment Launching of a New Book on the Management of the Franchisors-Franchisees Relationship Read more by clicking the download button.http://www.fmc-law.com/Publications/0112_Focus_On_Franchise_Law.aspxFri, 20 Jan 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0112_Focus_On_Franchise_Law.aspxCette présentation porte sur la négociation stratégique. Elle examine les philosophies de négociation et offre des stratégies permettant d'améliorer les négociations[no comma] ainsi que des critères d'évaluation d'une négociation réussie. Les sujets abordés sont les suivants: Philosophies à dominante conflictuelle Philosophies à dominante coopérative Préparation d'une négociation Tableau des types de personnalité Attitudes favorisant une meilleure relation Rôles des questions Quelques stratégies de négociation Critères d'évaluation d'une négociation réussie Pour en apprendre davantage sur les sujets visés, consultez la présentation ci-dessous sur SlideShare. La négociation stratégique View more presentations from FMC Law.http://www.fmc-law.com/Publications/Gagnon_Jean_Negociation_Strategique.aspxFri, 20 Jan 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/Gagnon_Jean_Negociation_Strategique.aspxThe Wahgoshig First Nation (“WFN”) in Northern Ontario has obtained an injunction to temporarily stop Solid Gold Resources Corp. (“Solid Gold”), a junior mining company, from drilling on their First Nation Treaty lands.  In a decision released last week (2011 ONSC 7708 (CanLII)), Justice Brown of the Ontario Superior Court halted all exploration activities for at least 120 days after finding that Solid Gold had repeatedly failed to respond to consultation requests from both WFN and the Ontario Government. While this decision should not come as a surprise to knowledgeable observers, it is important for three reasons: 1) It confirms that as yet there is no Aboriginal veto over mining exploration activities;2) It highlights problems with the Crown’s practice of delegating the consultation to proponents and 3) It reiterates that the “free entry” mining system in Ontario is limited by Aboriginal consultation. Companies that are not mindful of Aboriginal concerns will see their business plans delayed or cancelled. Read more by clicking the download button.http://www.fmc-law.com/Publications/0112_Focus_on_Environmental_Law.aspxWed, 18 Jan 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0112_Focus_on_Environmental_Law.aspxTaxpayers that have implemented cross-border tower financing structures and that have claimed a Canadian tax deduction for any U.S. taxes paid should revisit their structures carefully in light of the Tax Court of Canada’s recent decision in FLSMIDTH Ltd., v. The Queen (2012 TCC 3), which is the Court’s first decision concerning tower structures. Read more by clicking the download button.http://www.fmc-law.com/Publications/0112_Peters_Matthew_Tower_Financing_Deduction_Denied.aspxFri, 13 Jan 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0112_Peters_Matthew_Tower_Financing_Deduction_Denied.aspxThe Wahgoshig First Nation (“WFN”) in Northern Ontario has obtained an injunction to temporarily stop Solid Gold Resources Corp. (“Solid Gold”), a junior mining company, from drilling on their First Nation Treaty lands.  In a decision released last week (2011 ONSC 7708 (CanLII)), Justice Brown of the Ontario Superior Court halted all exploration activities for at least 120 days after finding that Solid Gold had repeatedly failed to respond to consultation requests from both WFN and the Ontario Government. Read more by clicking the download button.http://www.fmc-law.com/Publications/0112_Sahni_Nalin_Hunter_David_Wahgoshig_First_Nation.aspxThu, 12 Jan 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0112_Sahni_Nalin_Hunter_David_Wahgoshig_First_Nation.aspxThe Oh Canada newsletter provides a monthly update on the following energy industry topics: Oil Sands East Coast News West Coast News Canadian Arctic News Alternative Energy On the Horizon Read more by clicking the download button.http://www.fmc-law.com/Publications/0112_Oh_Canada_December_2011.aspxTue, 10 Jan 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0112_Oh_Canada_December_2011.aspxIn this presentation, Michael Schafler looks at the past year in Class Actions in Ontario. With an examination of Class Action trends as well as Class Actions related to employment, securities, franchisee actions as well as government actions. Also discssed is a procedure update and what to expect in future cases. Learn more by viewing the Slideshare presentation below. Year in Review: Ontario Class Actions 2010-2011 View more presentations from FMC Law This presentation contains information regarding Class Actions in Ontario. If you are faced with one of these issues, please retain professional assistance as each situation is unique.http://www.fmc-law.com/Publications/0112_Year_In_Review_Class_Actions_Presentations_Schafler.aspxTue, 10 Jan 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0112_Year_In_Review_Class_Actions_Presentations_Schafler.aspxIn a two-day span in October 2011, two Canadian securities commissions released their written decisions to allow shareholder rights plans (poison pills), which had been challenged by hostile take-over bidders, to remain in place for a specified time period following which they would be cease traded. In both cases, Re Mosaid Technologies Incorporated in Ontario and Re Afexa Life Sciences Inc. in Alberta, the reasons for the decisions made no mention of the pronouncements on directors’ fiduciary duties contained in the reasons of the Supreme Court of Canada in the 2008 case of BCE Inc. v. 1976 Debentureholders. These omissions served, along with the earlier commentary of the Ontario Securities Commission (OSC) in Baffinland quoted above, as additional confirmation that BCE would not play a role in the outcome of poison pill hearings, at least for the time being. This was the case despite an earlier, opposite indication from the OSC in Re Neo Material Technologies Inc. in 2009. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/0112_Update_Take_Over_Defensive_Tactics_Shay.aspxTue, 03 Jan 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0112_Update_Take_Over_Defensive_Tactics_Shay.aspxFMC partner Marc Lemieux, provided editorial guidance on the book “Droit bancaire en 2011 : Nouveautés et tendances,” published by Éditions Thémis. The book is a compilation of lectures given by Marc and other banking law experts on May 27, 2011, at a conference organized by Université de Montréal’s Centre for the Law of Business and International Trade. It includes pieces on compensation as a guarantee mechanism, banks contractual and non-contractual liability, cashing and paying with fraudulent cheques, and the impact of the new Québec Business Corporations Act. This omnibus book also offers a critical reappraisal of the secured financing rules applicable in Québec and discusses the latest developments pertaining to case-law and regulations in the banking law area. For further information about the book, please visit Éditions Thémis’ website at http://www.editionsthemis.com/livres/livre-4818-le-droit-bancaire-en-2011-nouveautes-et-tendances.html (in French only).http://www.fmc-law.com/Publications/0412_Droit_bancaire_en_2011_Nouveautes_et_tendances.aspxSun, 01 Jan 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0412_Droit_bancaire_en_2011_Nouveautes_et_tendances.aspxOn December 16, 2011, the Supreme Court of Canada released its latest General Anti-Avoidance Rule (GAAR) decision in Copthorne Holdings Ltd. v. Canada.  The appeal was heard on January 21, 2011 by all nine of the Justices (Chief Justice McLachlin, Justice Binnie, Justice LeBel, Justice Deschamps, Justice Fish, Justice Abella, Justice Charron, Justice Rothstein and Justice Cromwell). Since the date of the hearing, Justices Binnie and Charron have retired.  This was the fourth GAAR appeal heard by the Supreme Court (the earlier cases were Canada Trustco Mortgage Co. v. Canada, Mathew v. Canada and Lipson v. Canada). Read more by clicking the download button.http://www.fmc-law.com/Publications/1211_Spiro_David_Crown_Wins_GAAR.aspxMon, 19 Dec 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1211_Spiro_David_Crown_Wins_GAAR.aspxOn November 29, 2011, the Canada Revenue Agency (“CRA”) and Revenu Québec (“RQ”) participated in the Roundtable discussion at the Annual Conference of the Canadian Tax Foundation. The discussion this year covered a wide range of issues. Interestingly, in contrast to the last few years, the CRA announced a number of substantive policy changes at the Roundtable. There was a significant focus on international issues, with multiple questions on permanent establishments (“PE”) and taxable Canadian property (“TCP”). The participants were Francois Bordeleau and Jim Gauvreau from the CRA and Bernard Nolan from RQ. The Roundtable was chaired by Claude Jodoin and Pierre Bourgeois. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/1211_tax_topics_fitzsimmons.aspxThu, 15 Dec 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1211_tax_topics_fitzsimmons.aspxThe Oh Canada newsletter provides a monthly update on the following energy industry topics: Oil Sands East Coast News West Coast News Canadian Arctic News Alternative Energy On the Horizon Read more by clicking the download button.http://www.fmc-law.com/Publications/1211_Oh_Canada_November_2011.aspxThu, 15 Dec 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1211_Oh_Canada_November_2011.aspxIn this issue of Focus on Securities | Corporate Finance, the following items are discussed: Amendments to the Statement of Executive Compensation Form - Daniel Katzin and Sam Khajeei British Columbia Court of Appeal Upholds Jurisdiction of the British Columbia Securities Commission - Carrie Schroeder Read more by clicking the download button.http://www.fmc-law.com/Publications/1211_Focus_on_Securities.aspxThu, 08 Dec 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1211_Focus_on_Securities.aspxThe legal basis of cartel prohibition in Canada is the Competition Act, which contains both civil and criminal prohibitions against cartel activity. Criminal cartel provisions came into effect in March 2010 which created a dual-track approach to cartel prohibition. The criminal track is intended for prosecution of “hard-core” cartels. Amendments to section 45 of the Competition Act provide that any person who conspires, agrees or arranges with a competitor: to fix, maintain, increase or control the price for the supply of a product; to allocate sales, territories, customers or markets for the production or supply of a product; or to fix, maintain, control, prevent, lessen or eliminate the production or supply of a product, is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years or to a fine not exceeding $25 million, or to both. Proof of impact on competition is not a requisite element of the offence. Conviction requires proof of the offence beyond a reasonable doubt. Republished with permission from Global Legal Group Ltd. Read more by clicking the download button.http://www.fmc-law.com/Publications/1211_International_legal_guide_cartels_Susan_Paul.aspxWed, 07 Dec 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1211_International_legal_guide_cartels_Susan_Paul.aspxIn this article, Jesse Brodlieb discusses the responses of the Canada Revenue Agency and Revenu Quebec to several questions on international tax matters that were discussed at the CRA Roundtable at the Canadian Tax Foundation’s 2011 annual conference. Among the issues discussed are: The Services Permanent Establishment Rule Convertible Debentures and Non-resident Withholding Tax Taxable Canadian Property Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Brodlieb_Jesse_Canada_Revenue_Agency_Sheds_Light_International_Tax_Issues.aspxFri, 02 Dec 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Brodlieb_Jesse_Canada_Revenue_Agency_Sheds_Light_International_Tax_Issues.aspxThis presentation by FMC's Pierre Lortie and Michel Brunet gives an overall look at Quebec's Plan Nord. With an overview of the energy, forestry and mining industries, you will learn how this unique opportunity will impact Quebec and the rest of Canada. Learn more by viewing the Slideshare presentation below. A Unique Opportunity: Quebec’s Plan Nord View more presentations from FMC Law This presentation contains examples of the kind of issues companies dealing with Plan Nord could face. If you are faced with one of theses issues, please retain professional assistance as each situation is unique.http://www.fmc-law.com/Publications/1111_Plan_Nord_Unique_Opportunity_Lortie.aspxFri, 02 Dec 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Plan_Nord_Unique_Opportunity_Lortie.aspxIn this presentation, FMC's Andrea Raso Amer and Phebe Chan, readers can get an in-depth summary about doing business in Canada. The presentation addresses issues such as Labour and Employment Law, Canadian Immigration, Business Immigration, Labour Market Opinions and Provincial Nominee Programs. Learn more by viewing the Slideshare presentation below. Doing Business in Canada: People Issues View more presentations from FMC Law The preceding presentation contains information and examples of issues you should know about if you are looking to do Businessin Canada. If you are faced with one of these issues, please retain professional assistance as each situation is unique.http://www.fmc-law.com/Publications/1111_Doing_Business_In_Canada_People_Issues_Presentation.aspxFri, 02 Dec 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Doing_Business_In_Canada_People_Issues_Presentation.aspxIn this presentation, Alan Monk looks at the laws against bribery of foreign Public Officials. Giving an overview of the Corruption of Foreign Public Officials Act (Canada), the Foreign Corrupt Practices Act (United States), and the Bribery Act (United Kingdom) as well as what companies can do in response to the legislation.   Learn more by viewing the Slideshare presentation below. The Cost of Doing Business? Laws Against Bribery of Foreign Public Officials View more presentations from FMC Law This presentation contains information and examples of issues companies dealing with the laws against bribery of foreign Public Officials could face. If you are faced with any of theses issues, please retain professional assistance as each situation is unique.http://www.fmc-law.com/Publications/1111_Laws_Against_Bribery_Public_Officials_Presentation.aspxFri, 02 Dec 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Laws_Against_Bribery_Public_Officials_Presentation.aspxIn this article, Douglas Stewart discusses House v. Her Majesty the Queen, a decision of the Federal Court of Appeal that provides a clear restatement of the rules respecting taxpayer's onus in federal tax appeals.   In House, the Tax Court found that the appellant had failed to “demolish” assumptions pleaded by the Minister of Finance with respect to an asset that the Minister alleged should have been included in the appellant’s income. In so doing, the Court dismissed testimony from the appellant and his witnesses, and cited the appellant’s failure to produce any documentary evidence. In its review of the Tax Court's decision, the Federal Court of Appeal addressed the proper analysis to be conducted in determining whether a taxpayer has satisfied its onus to demolish the Minister’s assumptions. The Court found that the Tax Court judge had misapplied this analysis by failing to accept the testimony of the appellant and his witnesses in satisfaction of the taxpayer’s initial onus, where there were no credibility issues. Read more by clicking the download button.http://www.fmc-law.com/Publications/1211_Stewart_Douglas_Onus_of_Proof.aspxThu, 01 Dec 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1211_Stewart_Douglas_Onus_of_Proof.aspxIn this issue of Focus on Real Estate, the following items are discussed: Landlord’s and Tenant’s Liability for Improvements under the Construction Lien Act Reasonable Wear and Tear: Why You Should Care Are You Charging Too Much Interest? Recent Highlights for the National Real Estate Group at FMC Seven New Lawyers Join the Real Estate Group Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Focus_on_Real_Estate.aspxTue, 29 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Focus_on_Real_Estate.aspxThe Canadian Securities Administrators have published for comment significant proposed changes to their rules and policies governing the pre-marketing and marketing of prospectus offerings, other than mutual fund offerings. The changes, if enacted, would loosen some of the current restrictions that limit the marketing activities of investment dealers involved in public offerings and clarify the positions of the regulators in certain areas. A summary of the main proposals is set out below. Reference should be made to this link for further details: http://www.osc.gov.on.ca/en/SecuritiesLaw_rule_20111125_41-101_rfc-pro-amd-pre-marketing.htm Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Focus_On_Securities.aspxMon, 28 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Focus_On_Securities.aspxIn this issue of Focus on Public Policy, John Zerucelli and Cyrus Reporter discuss the highlights of the 2011 Ontario Economic Outlook and Fiscal Review. This week Ontario’s Finance Minister tabled an update describing the current state of, and future projections for, Ontario’s economy. The 2011 Ontario Economic Outlook and Fiscal Review is a precursor to the much anticipated report by the Commission on the Reform of Ontario's Public Services (the “Commission”) and the 2012 pre-budget consultations. Ontario’s next budget is expected in the spring of 2012. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Focus_On_Public_Policy.aspxFri, 25 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Focus_On_Public_Policy.aspxThe United States was the first country to enact legislation against bribery of foreign officials with the implementation of the Foreign Corrupt Practices Act in 1977. As a result of investigations made by the Securities and Exchange Commission  in the United States in the mid-1970’s, over 400 U.S. companies admitted making questionable or illegal payments in excess of $300 million to foreign government officials, politicians, and political parties. The abuses ranged from bribery of high foreign officials to secure favourable action by a foreign government to facilitation payments that were allegedly made to ensure that government functionaries discharged certain ministerial or clerical duties. Congress enacted the FCPA to halt the bribery of foreign officials and restore public confidence in the integrity of the American business system. To read more, please click the download button.http://www.fmc-law.com/Publications/011_Monk_Alan_Mining.aspxThu, 24 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/011_Monk_Alan_Mining.aspxOn November 21, 2011, in response to the International Atomic Energy Agency’s recent assessment of Iran’s nuclear program and in conjunction with similar measures taken by the U.S. and U.K., Canada expanded its sanctions against Iran under the Special Economic Measures Act (“SEMA”) by amending the existing Special Economic Measures (Iran) Regulations. This alert provides an overview of the new measures. These additional sanctions should be carefully reviewed and incorporated into the export compliance and screening procedures of Canadian companies doing business not just in and around Iran, but also in international trade more generally. Particular care must be taken by financial services businesses for whom the expectation of due diligence is high. Parties contemplating any form of business transaction or undertaking which even indirectly involves Iran would be well advised to seek legal advice prior to proceeding. Contemporaneously, the U.S and U.K have also established similar sanctions having a particular focus on the financial services industry. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Focus_On_International_Trade.aspxWed, 23 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Focus_On_International_Trade.aspxNotwithstanding the growth of alternative fee arrangements, legal costs remain a significant challenge for companies involved in commercial disputes in Canada. Recent reforms in provinces such as Ontario have helped reduce cost pressures in smaller disputes by increasing the monetary jurisdiction of lower courts and reducing pre-trial procedures in cases of modest value - those less than $100,000. Other reforms have introduced the concept of proportionality with respect to document production obligations, discovery rights, and cost awards. Further, in Ontario, the Rules of Civil Procedure have expressly adopted the Sedona Principles regarding electronic discovery. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Financier_Worldwide_Schafler.aspxWed, 23 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Financier_Worldwide_Schafler.aspxIn this article, FMC Partner Adrian Miedema discusses the key changes brought about by Bill 160. The bill has made significant amendments to the Occupational Health and Safety Act (OHSA) resulting from the recent report released by the Expert Panel headed by Tony Dean. The bill received Royal Assent on June 1, 2011, however many of the updates will not become law until April 1, 2012 or the date proclaimed in force by the government. In addition, Adrian gives an overview of the other recommendations of the Expert Panel that are expected to be implemented within the next five years. Republished with permission from HR Professional magazine. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Miedema_Adrian_Bill_160_Revamp_Ontario_Health_Safety_System.aspxWed, 23 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Miedema_Adrian_Bill_160_Revamp_Ontario_Health_Safety_System.aspxRecent legislative amendments to Canadian securities legislation have resulted in increased exposure in Canada for U.S.-based public companies and their officers, directors and professional advisors. This exposure is both substantive and procedural. In the former instance, U.S. public companies may now be found liable in Canadian class action proceedings for misrepresentations related to trading in the secondary market. In the latter instance, what has been referred to as the “gatekeeper” feature of the legislation could be used by U.S. plaintiffs to gather evidence in Canadian proceedings against U.S. defendants, which could then be used in U.S. class actions against the same defendants. This article reviews the relevant provisions of the statutory regime, as well as recent Canadian cases interpreting these provisions, and highlights the associated risks for public companies and their offi cers, directors and professional advisors. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Securities_Class_Actions_In_Canada_Fleming.aspxTue, 22 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Securities_Class_Actions_In_Canada_Fleming.aspxIn this issue of Focus on Franchising Law, Lisa R. Vatch discusses the Office québécois de la langue française's campaign targeting the use of English on commercial signage in Quebec. This week OLF officially launched a campaign targeting the use of English trademarks on the commercial signage of companies operating in Quebec. This campaign focuses mainly on high-profile multinational chains, franchises and big box stores, but applies to all businesses using only English words on commercial signage in Quebec. The OLF’s goal is for all commercial signage in Quebec to include a French generic or descriptive word or phrase alongside the existing English trademarks. Commercial signage could include outdoor and indoor signs, whether printed or handwritten, as well as window displays, product displays, and signs on vehicles. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Focus_On_Franchise_Law.aspxFri, 18 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Focus_On_Franchise_Law.aspxIn this issue of Focus on Franchising Law, Lisa R. Vatch discusses the Office québécois de la langue française's campaign targeting the use of English on commercial signage in Quebec. This week OLF officially launched a campaign targeting the use of English trademarks on the commercial signage of companies operating in Quebec. This campaign focuses mainly on high-profile multinational chains, franchises and big box stores, but applies to all businesses using only English words on commercial signage in Quebec. The OLF’s goal is for all commercial signage in Quebec to include a French generic or descriptive word or phrase alongside the existing English trademarks. Commercial signage could include outdoor and indoor signs, whether printed or handwritten, as well as window displays, product displays, and signs on vehicles. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Focus_On_Franchising_Law.aspxFri, 18 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Focus_On_Franchising_Law.aspxIf you operate or have customers in the U.S. market, you are already likely familiar with the requirements of the U.S. CAN-SPAM Act, introduced in 2003. If your operations or customers extend into Canada, however, there are new Canadian Anti-Spam rules you need to know. Why? Because these new rules will impact how you engage in online communications in Canada, starting in early 2012. Learn more by viewing the Slideshare presentation below. CASL vs CAN-SPAM - Canada’s Anti‐Spam Law This presentation contains examples of the kinds of issues companies dealing with anti-spam could face. If you are faced with one of these issues, please retain professional assistance as each situation is unique.http://www.fmc-law.com/Publications/1111_CASL_vs_Can_Spam_Presentation_Patterson.aspxThu, 17 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_CASL_vs_Can_Spam_Presentation_Patterson.aspxOn November 10, 2011, the Canadian Securities Administrators (the “CSA”) announced that they are reviewing the $150,000 minimum amount prospectus exemption and the accredited investor prospectus exemption. The review has been initiated as a result of the global financial crisis and recent international regulatory developments. The CSA is engaging in the consultation to identify any issues that stakeholders may have about the use of the exemptions and to obtain information that will assist in deciding whether changes to the exemptions are necessary or appropriate. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Focus_Securities_Corporate_Finance.aspxThu, 10 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Focus_Securities_Corporate_Finance.aspxThe CRA was asked whether the net smelter return of an asteroid mine is taxable under the Income Tax Act. The taxpayer is owned by Canadian investors, has Canadian directors and managers, employs Canadian staff, uses Canadian resources, and has its headquarters in Canada. The taxpayer is considering the positive and negative impacts of an outer space asteroid mining venture. The taxpayer stated that the Act requires taxpayers to pay income tax on their “worldly” income from all sources. The taxpayer interpreted “world” to refer to the domain of planet Earth. Accordingly, in the taxpayer’s view, the net smelter return of an asteroid mine earned by a Canadian corporation would not be taxable under the Act if the sale occurs at the shipping point (i.e., in outer space). Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Tax_Topics_Fitzsimmons_November_2011.aspxThu, 10 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Tax_Topics_Fitzsimmons_November_2011.aspxRequesting medical information from an Employee raises innumerable legal issues related to privacy, human rights and workplace safety. Employers are legally responsible for maintaining a healthy and safe workplace while at the same time managing their business in accordance with human rights and privacy legislation. Managing a business involves dealing with Employees who are disabled and require some form of accommodation. Given the legal framework, Employers may be understandably apprehensive about requesting medical information from their Employees. The developing body of court and arbitral jurisprudence has increased Employer obligations in the area of accommodation. As well, new legislation in some jurisdictions has increased Employers’ potential liability for the unlawful conduct of their Employees. Thus Employee disclosure of personal medical information will increasingly be relevant and necessary. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Employer_Rights_Obligations_Medical_Info_Overholt.aspxThu, 10 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Employer_Rights_Obligations_Medical_Info_Overholt.aspxThe Oh Canada newsletter provides a monthly update on the following energy industry topics: Oil Sands East Coast News West Coast News Canadian Arctic News Alternative Energy On the Horizon Read more by clicking the download button.http://www.fmc-law.com/Publications/1011_Oh_Canada.aspxThu, 10 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1011_Oh_Canada.aspxIn this issue of Focus on Environmental Law, Nalin Sahni discusses the dismissal of the environmental class action award against Inco. In a 3-0 decision, the Ontario Court of Appeal has reversed a $36 million trial award to members of an environmental class action. Thousands of Port Colborne, Ontario’s residents had sued Inco for property devaluation caused by soil contamination arising from 66 years of nickel refining emissions. Smith v. Inco Ltd. (formerly Pearson v. Inco Ltd.) is notable as one of the first environmental class actions to go to a full trial on the common issues. The Ontario Court of Appeal decision makes it much more difficult to pursue claims of private nuisance and Rylands v. Fletcher strict liability and also clarifies the application of limitation periods for class actions. A copy of this article in French will be available on our website later this week. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Focus_On_Environmental_Law.aspxWed, 09 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Focus_On_Environmental_Law.aspxCommercial arbitration – both domestic and international – is an established and frequently employed dispute resolution mechanism in Canada, and one that is legislatively protected. With respect to international commercial arbitration in particular, the accepted culture and approach is consistent with the 1985 UNCITRAL Model Law on International Commercial Arbitration (the Model Law); that is to say, the courts take a very non-interventionist approach. There are some limits to this, though, which we will discuss. We begin this chapter with a brief background on Canadian arbitration legislation. We then discuss Seidel v TELUS Communications Inc and Yugraneft Corp v Rexx Management Corp, the Supreme Court of Canada’s most recent decisions that analyse and explain how the Canadian justice system and private arbitration processes co-exist. TELUS deals with the relationship between consumer protection legislation, class actions and mandatory arbitration clauses, and Yugraneft with the interaction between local Canadian limitation periods and the enforcement of foreign arbitral awards in Canada. These decisions significantly add to the Supreme Court’s body of case law on arbitration in Canada and provide clarity to users of commercial arbitration. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Commercial_Arbitration_and_Supreme_Court_Schafler.aspxTue, 08 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Commercial_Arbitration_and_Supreme_Court_Schafler.aspxIn a recent decision released in the Hollinger Inc., Companies' Creditors Arrangements Act (CCAA) proceeding, the Ontario Court of Appeal upheld a sealing order that protects from public disclosure the settlement amounts to be paid by Torys LLP and KPMG LLP under their respective settlement agreements with Hollinger, until such time as the settlements receive court approval. This decision is one of the few in which a sealing order has been granted in order to protect settlement privilege. While sealing orders are often used to protect commercially sensitive information, they have not typically been granted to protect settlement negotiations or settlement agreements. This update outlines the court's decision in Hollinger (Re) and discusses the types of information and contexts that most often engage the subject of confidentiality orders. While settlement privilege has been protected by sealing orders in previous cases, such cases are uncommon. This update also attempts to explain why the court upheld the sealing order in this case, despite the limited precedent. Arguably, it may have done so, in part, because of the narrow and time-limited nature of the order. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_The_Hollinger_Sealing_Order_Emblem.aspxTue, 08 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_The_Hollinger_Sealing_Order_Emblem.aspxUpdating a blog, forwarding an e-mail, posting on Facebook, sending out a tweet, uploading to YouTube — the number of different ways in which employees can rapidly communicate and disseminate information electronically has exploded in the last 10 years. It’s enough to make an employer’s head spin. Today’s quiet conversation with an employee in order to provide ‘‘constructive feedback’’ can lead to tomorrow’s ‘‘most read’’ blog entry or ‘‘most shared’’ video created by that employee in retaliation. Today’s ‘‘joking’’ e-mails can be reproduced tomorrow, verbatim, in a statement of claim where they inevitably seem considerably less funny. And too often an employer will discover the blog or video only after it has (perhaps literally) circled the globe or will learn of the particular e-mails only when served with the lawsuit. By this time, damage control may be extremely difficult, leaving an employer with not only unwelcome publicity  or media attention, but possibly also with such unpalatable tasks as addressing the anger, hurt, and criticism coming from its other employers are left with no option but to do the best they can with damage control and then hunker down and ride out the storm. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Trouble_Is_Never_Further_Than_A_Click_Away_Hall.aspxFri, 04 Nov 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1111_Trouble_Is_Never_Further_Than_A_Click_Away_Hall.aspxAlberta’s new Land Stewardship Act is unique regional land-use planning legislation that affects both private and public land in the province. Significantly, the regional plans to be developed will adversely affect, amend and even rescind ‘statutory consents’ that authorise oil and gas and other natural resource development. The Act applies to major energy resource producing regions including the Eastern Slopes of the Rocky Mountains and the Athabasca oil sands area. Despite an amendment intended to clarify ambiguities concerning takings of property and rights to compensation, uncertainty and public concern remain. This article identifies and assesses these takings and compensation issues. It also looks ahead to potential regulatory issues that these regional plans may pose for resource developers, noting in particular problems concerning potential qualification or removal of water rights and environmental and natural resource development approvals. Again, it addresses issues of statutory interpretation and takings doctrine that may be of interest in other jurisdictions. In the longer run, though the Land Stewardship Act may produce some uncertainty for holders of natural resource interests overall, it may represent an improvement over earlier uncoordinated land-use policy and planning in the province. This article was first published in the Journal of Energy & Natural Resources Law, Vol 29 No 4, November 2011, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. Read more by clicking the download button.http://www.fmc-law.com/Publications/0112_Land_Use_Planning_Natural_Resource_Rights_The_AB_Land_Stewardship_Act.aspxFri, 04 Nov 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0112_Land_Use_Planning_Natural_Resource_Rights_The_AB_Land_Stewardship_Act.aspxIn a 3-0 decision, the Ontario Court of Appeal has reversed a $36 million trial award to members of an environmental class action. Thousands of Port Colborne, Ontario’s residents had sued Inco for property devaluation caused by soil contamination arising from 66 years of nickel refining emissions. Smith v. Inco Ltd. (formerly Pearson v. Inco Ltd.) is notable as one of the first environmental class actions to go to a full trial on the common issues. The Ontario Court of Appeal decision makes it much more difficult to pursue claims of private nuisance and Rylands v. Fletcher strict liability and also clarifies the application of limitation periods for class actions. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Ontario_Court_Dismisses_Class_Action.aspxFri, 04 Nov 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1111_Ontario_Court_Dismisses_Class_Action.aspxIn this presentation, FMC Partner Joe Hunder explains how overtime obligations arise and how to deal with them. Some of the topics discussed are as follows: Who is entitled to overtime? When do overtime obligations arise under the Code? Exemptions and exceptions Industries and employees with different overtime rules Contractual overtime Managing overtime obligations Compressed work schedules Time off in lieu - overtime agreements Purpose of a reference letter Duty of good faith When should a reference letter be provided and what should it say? Employment contracts and related issues Stress-free terminations Reasons for terminating the employee Common “problems” in establishing just cause Termination meeting Tax & EI issues Learn more by viewing the Slideshare presentation below. Current HR Issues View more presentations from FMC Law The preceding presentation contains examples of the kinds of issues companies dealing with HR issues could face. If you are faced with one of these issues, please retain professional assistance as each situation is unique.http://www.fmc-law.com/Publications/1011_Hunder_Joe_Current_HR_Issues.aspxTue, 01 Nov 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1011_Hunder_Joe_Current_HR_Issues.aspxIn this presentation, Adrian Miedema discusses the Bill C-45 update, as well as relevant recent cases, and offers suggestions on how to avoid Bill C-45 charges. Learn more by viewing the Slideshare presentation below. Criminal Liability for Occupational Health and Safety: Bill C-45 Update View more presentations from FMC Law The preceding presentation contains examples of the kinds of issues companies dealing with occupational health and safety could face. If you are faced with one of these issues, please retain professional assistance as each situation is unique.http://www.fmc-law.com/Publications/1111_Miedema_Adrian_Criminal_Liability_Occupational_Health_Safety_Bill_C45_Update.aspxWed, 26 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1111_Miedema_Adrian_Criminal_Liability_Occupational_Health_Safety_Bill_C45_Update.aspxIn this presentation, FMC Partner Andrea Raso Amer covers the following topics relative to orders and financial penalties for non-compliance: What types of administrative penalties can be imposed? When will an administration penalty be imposed? Examples of “high risk” How is the amount of penalty determined? What can you do when faced with an administrative penalty? Learn more by viewing the Slideshare presentation below. Orders and Financial Penalties for Non-Compliance View more presentations from FMC Law The preceding presentation contains examples of the kinds of companies dealing with orders and financial penalties for non-compliance face. If you are faced with one of these issues, please retain professional assistance as each situation is unique.http://www.fmc-law.com/Publications/1011_Raso_Amer_Andrea_Orders_and_Financial_Penalties_for_Non_Compliance.aspxWed, 26 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1011_Raso_Amer_Andrea_Orders_and_Financial_Penalties_for_Non_Compliance.aspxIn this presentation, Carman Overholt gives an overview of the legislation relevant to termination issues, as well as advice on policies concerning workplace safety. Learn more by viewing the Slideshare presentation below. Workers Compensation and Human Rights Law - Termination Issues View more presentations from FMC Law This presentation contains examples of the kinds of issues companies dealing with termination issues could face. If you are faced with one of these issues, please retain professional assistance as each situation is unique.http://www.fmc-law.com/Publications/1011_Overholt_Carman_Workers_Compensation_Human_Rights_Law_Termination_Issues.aspxWed, 26 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1011_Overholt_Carman_Workers_Compensation_Human_Rights_Law_Termination_Issues.aspxIn this article, Michael Schafler and Soloman Lam discuss Mexico v Cargill Incorporated, a decision of the Ontario Court of Appeal that addressed the appropriate standard of review for jurisdictional challenges to North American Free Trade Agreement (NAFTA) Chapter 11 arbitral decisions. The court held that when determining whether a NAFTA arbitration tribunal has exceeded its jurisdiction, the standard to apply is correctness. The case involved a dispute over the import of high-fructose corn syrup into Mexico from the United States. With the introduction of NAFTA in 1994, Cargill, a US producer of high-fructose corn syrup, implemented plans to sell its product in Mexico through a wholly owned Mexican subsidiary, CdM. Cargill expanded its facilities in the United States, while CdM built a new distribution centre in Tula. Republished with permission from International Law Office. Read more by clicking the download button.http://www.fmc-law.com/Publications/0212_Appeal_court_decides_standards_review_arising_from_NAFTA_arbitral_awards.aspxTue, 25 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0212_Appeal_court_decides_standards_review_arising_from_NAFTA_arbitral_awards.aspxIn this article, Soloman Lam comments on the decision released on October 4, 2011 by the Ontario Court of Appeal in Mexico v Cargill, Incorporated, 2011 ONCA 622. The court addressed the appropriate standard of review for jurisdictional challenges to North American Free Trade Agreement (NAFTA) Chapter 11 arbitral awards. The court rejected the view that a NAFTA arbitration tribunal is owed deference in interpreting its own jurisdiction. Instead, a NAFTA arbitration tribunal's interpretation and exercise of jurisdiction must be reviewed on a standard of correctness. The court was careful to note, however, that any jurisdictional challenge must be framed within the constraints of Article 34 of the United Nations Commission on International Trade Law (UNCITRAL) Model Law. Republished with permission from International Law Office. Read more by clicking the download button.http://www.fmc-law.com/Publications/1011_Appeal_Court_NAFTA_Arbitral_Awards.aspxTue, 25 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1011_Appeal_Court_NAFTA_Arbitral_Awards.aspxIn this issue of Focus on Mining, FMC Partner Shauna Finlay discusses the recently released Draft Reduction of Carbon Dioxide Emissions from Coal-Fired Generation of Electricity Regulations (the “Draft Regulations”). In summary, the Draft Regulations aim to phase out the use of coal-fired generation units, unless such units are associated with carbon capture storage systems (“CCS”) that enable such generation units to meet the intensity limits set by the Draft Regulations. This raises issues for domestic coal producers that supply coal-fired electrical energy generation units. Read more by clicking the download button.http://www.fmc-law.com/Publications/1011_Focus_Mining.aspxTue, 25 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1011_Focus_Mining.aspxFossil fuels represent about half of the global primary energy demand mix, a proportion that has not changed over the last 20 years. It is estimated that primary energy demand over the next 25 years will increase by about 140%. Constraints in the traditional sources of oil and gas, the high costs and risks associated with new production areas and the difficulties of putting in place the infrastructures to connect the production areas to the locations of demand are likely to result in strong price volatility around a high mean price level. This in turn raises important policy issues at the global and national levels.http://www.fmc-law.com/Publications/LortiePierre_102011_Crude_Outlook_Hydrocarbons.aspxSat, 22 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/LortiePierre_102011_Crude_Outlook_Hydrocarbons.aspxThe continued expansion of globalization and foreign investment has led to the use of, and investment in, non-traditional, foreign entities. One of the most prevalent entities in use in Canada is a limited liability company established under the laws of a state of the United States (a “US LLC”). Under US federal (and in some cases state) income tax law, a US LLC may elect to be treated (or in some cases is deemed to be treated) as a flow-through entity rather than as a corporation. An issue that arises in many contexts is whether a US LLC is a partnership or a corporation for Canadian tax purposes. Reproduced with permission from CCH Canadian Limited. Read more by clicking the download button.http://www.fmc-law.com/Publications/Fabbro_Jessica_What_Is_An_LLC.aspxThu, 20 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/Fabbro_Jessica_What_Is_An_LLC.aspxCanada's New Anti-Spam legislation is intended to deter damaging and deceptive forms of spam, such as identity theft, phishing and spyware from occuring in Canada. In this presentation, Margot Patterson gives an in-depth look at the legislation including: risks and implications for business, the scope, reach and liability connected with the legislation, regulations, software installation, violations and enforcement as well as a look at where the legislation is headed, and what that means for your business. Learn more by viewing the Slideshare presentation below. Anti-Spam 101: Risks and Implications for Businesses - Complying with the new Anti-Spam Lawhttp://www.fmc-law.com/Publications/1111_Anti_Spam_101_Presentation_Patterson.aspxWed, 19 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1111_Anti_Spam_101_Presentation_Patterson.aspxSince 1952 the Financial Administration Act has permitted the “Governor in Council” (which means the Governor General on the advice of the Federal Cabinet) to order that money owed to the federal government be remitted to the debtor. Originally, remission orders could be granted only in respect of taxes. In 1991 this was expanded to include all forms of debts. Remission orders are a valuable tool for tax practitioners. Although a remission order cannot be granted by the Tax Court of Canada or the Federal Court, several recent decisions reveal circumstances where such an order was considered by the Court to be appropriate. These decisions serve as a useful reminder that this remedy should not be Eligibility of forgotten when considering all possible relief available to a taxpayer. Reproduced with permission from CCH Canadian Limited. Read more by clicking the download button.http://www.fmc-law.com/Publications/1011_Harris_Mike_Tax_Topics_CCH.aspxTue, 18 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1011_Harris_Mike_Tax_Topics_CCH.aspxThe Canada Not-for-Profit Corporations Act ("NFP Act") enters into force on Monday, October 17, 2011. The NFP Act brings with it a new framework for the governance and incorporation of associations, charities and other federal not-for-profit organizations. The article below provides a review of most significant elements of the NFP Act, with an overview of the following points: New Requirements for By-laws Corporate Obligations Financial Accounting and Disclosure 5 Steps to Transition Read more by clicking the download button.http://www.fmc-law.com/Publications/1011_Focus_Canada_Not_For_Profit.aspxMon, 17 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1011_Focus_Canada_Not_For_Profit.aspxIn this issue of Focus on Real Estate, the following items are discussed: Condo Developers Should Be Concerned with Construction Lien Act Amendment - Jules Mikelberg and Michael Toshakovski City of Toronto's 5 Year Review and Update Process of Official Plan Starts in 2011 - Mark Piel New Standard? Purchaser's Responsibility to Prove a Misrepresentation or Omission Was Material. Case Comment: Sharbern Holding Inc. v. Vancouver Airport Centre Ltd., Supreme Court of Canada - Sonja K. Homenuck and Blake Moran (Student-at-Law) Three New Lawyers Join the Real Estate Group Read more by clicking the download button.http://www.fmc-law.com/Publications/1011_Homenuck_Sonja_Focus_On_Real_Estate.aspxTue, 11 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1011_Homenuck_Sonja_Focus_On_Real_Estate.aspxIn this issue of Focus on Real Estate, the following items are discussed: Condo Developers Should Be Concerned with Construction Lien Act Amendment - Jules Mikelberg and Michael Toshakovski City of Toronto's 5 Year Review and Update Process of Official Plan Starts in 2011 - Mark Piel New Standard? Purchaser's Responsibility to Prove a Misrepresentation or Omission Was Material. Case Comment: Sharbern Holding Inc. v. Vancouver Airport Centre Ltd., Supreme Court of Canada - Sonja K. Homenuck and Blake Moran (Student-at-Law) Three New Lawyers Join the Real Estate Group Read more by clicking the download button.http://www.fmc-law.com/Publications/1011_Focus_Real_Estate.aspxTue, 11 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1011_Focus_Real_Estate.aspxThis issue of Focus on Renewable Energy newsletter focuses on the recent Ontario Election 2011 and the impact on the renewable energy sector in Ontario. The Ontario Election 2011, held on October 6, has resulted in the Ontario Liberal Party being re-elected with a minority Government, winning 53 seats, one shy of a majority mandate. The Progressive Conservatives finish with 37 seats, and the New Democratic Party with 17. Prior to the calling of the election campaign, the Ontario Liberal Party held a clear majority in the 107 Member Legislative Assembly with 70 seats, the Progressive Conservatives 25, the NDP 10 and 2 vacancies. Read more by clicking the download button.http://www.fmc-law.com/Publications/1011_Focus_Renewable_Energy_Ontario_Elections.aspxFri, 07 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1011_Focus_Renewable_Energy_Ontario_Elections.aspxFMC Partner Gordon Funt along with Chuck Burkett, C.A., Professor David Duff and Craig Sturrock, Q.C. presented "Professional Ethics in a Tax World - Self-Assessment, Self-Incrimination, The Charter, Crown Fairness and Other Matters" at the B.C. Tax Conference. If you were to rob a bank, you would have the right to remain silent, one aspect of the right against self incrimination. The Crown would have to prove beyond a reasonable doubt that you were guilty of the offence of robbery under our Criminal Code. As we know, the Income Tax Act contains offences for tax evasion and the like that may also attract imprisonment where the Crown proves beyond a reasonable doubt that the accused committed the offence. First published by the Canadian Tax Foundation - 2011 British Columbia Tax Conference (Vancouver, September 26-27, 2011). Read more by clicking the download button.http://www.fmc-law.com/Publications/1011_Funt_Gordon_Professional_Ethics_Tax_World.aspxFri, 07 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1011_Funt_Gordon_Professional_Ethics_Tax_World.aspxThe Oh Canada newsletter provides a monthly update on the following energy industry topics: Oil Sands East Coast News West Coast News Canadian Arctic News Alternative Energy On the Horizon Read more by clicking the download button.http://www.fmc-law.com/Publications/0911_Oh_Canada.aspxWed, 05 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0911_Oh_Canada.aspxAfter years of litigation, the Ontario Superior Court of Justice recently determined several issues as a basis for further steps in a civil action brought by Grassy Narrows First Nation (Grassy Narrows) against the Ontario Minister of Natural Resources and Abititi-Consolidated Inc.; the federal government is a third party in the action. The genesis of the case is 1873, when the government of Canada and various First Nations signed Treaty 3, which covers a broad expanse of northwestern Ontario and eastern Manitoba. The decision, Keewatin v.Ontario (Minister of Natural Resources), [2011] O.J. No. 3907) was a clear victory for Grassy Narrows. Three issues have especially broad implications. 1) Does the province have a right to "take up" lands? 2) Can the province "infringe" treaty rights? 3) How important is historical context? To read the full article, please click the download button.http://www.fmc-law.com/Publications/1011_Bigue_Ann_Braul_Wally_Treaty_Rights.aspxMon, 03 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1011_Bigue_Ann_Braul_Wally_Treaty_Rights.aspxThe Canada Consumer Product Safety Act (CCPSA) entered into force on June 20, 2011 replacing Part I of the Hazardous Products Act and substantially changing the existing regulatory regime for consumer products. In this presentation, John Blakney and Margot Patterson address some of the most important aspects of the CCPSA, such as: Application of the CCPSA Prohibitions Preparing and maintaning documents Mandatory incident reporting Disclosing information Inspectors' powers Corrective measure orders Recall orders Compliance and enforcement Tort law implications Learn more by viewing the Slideshare presentation below. The Canada Consumer Product Safety Act: 10 Things You Need to Know View more presentations from FMC Law This presentation contains examples of the kinds of issues companies dealing with the Canada Consumer Product Safety Act could face. If you are faced with one of these issues, please retain professional assistance as each situation is unique.http://www.fmc-law.com/Publications/1111_Patterson_Margot_Canada_Consumer_Product_Safety_Act_Presentation.aspxMon, 03 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1111_Patterson_Margot_Canada_Consumer_Product_Safety_Act_Presentation.aspxThe existing system of securities regulation in Canada is recognized as one of the best worldwide by any measurable criterion and there is no compelling evidence that a national securities regulator would better serve Canada’s needs and interests.http://www.fmc-law.com/Publications/Lortie_Pierre_1011_IRPP_Study.aspxSat, 01 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/Lortie_Pierre_1011_IRPP_Study.aspxIn this article, FMC Partner Adrian Miedema discusses legal issues related to the use of social media, focusing on not-for-profit and charitable organizations. Adrian also provides advice on how such organizations can, acting within the law, create rules for their employees' online postings to protect the organizations' online reputation - the goal being to avoid negative publicity and the loss of potential donors and supporters. Read more by clicking the download button.http://www.fmc-law.com/Publications/0911_Social_Media_Risk_Management_Charities.aspxFri, 30 Sep 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0911_Social_Media_Risk_Management_Charities.aspxThe Alberta Court of Appeal released its decision in this case on July 21, 2011. Brick Protection Corp. (Brick Protection; now Trans Global Warranty Corp.) was a sister corporation of the Brick Warehouse Corp. (The Brick). Brick Protection sold extended warranties to consumers on appliances and furniture purchased through The Brick. The issue: Was Brick Protection Corp. doing business as an insurance company in Alberta? If so, they would be subject to insurance corporation tax under Part IX of the Alberta Tax Act (the Act; now in the Alberta Corporate Tax Act).  Read more by clicking the download button.http://www.fmc-law.com/Publications/0911_Focus_On_Tax_Ken_Whitelaw.aspxWed, 21 Sep 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0911_Focus_On_Tax_Ken_Whitelaw.aspxOn July 29, 2011 the Toronto Stock Exchange ("TSX") adopted, and the Ontario Securities Commission approved, the amendments to Part III, Part V and Part VI of the TSX Company Manual previously published in a request for comments on February 4, 2011. The amendments included a new subcategory of minimum listing requirements for oil and gas development stage companies. This category will facilitate the listing of companies that have significant contingent resources but no proved developed reserves which were a requirement under the former TSX standards. This category will be suitable for issuers with unconventional oil and gas assets, such as oil sands. Read more by clicking the download button.http://www.fmc-law.com/Publications/0911_Feeny_Gwenneth_Focus_On_Securities_Corporate_Finance.aspxWed, 21 Sep 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0911_Feeny_Gwenneth_Focus_On_Securities_Corporate_Finance.aspxIn this presentation, Carman Overholt covers a range of topics relative to written employment contracts, including an overview of fundamental terms, applicable legislation, restrictive covenants, limitations, contract considerations, non-competitions and non-solicitation clauses, as well as advantages and limitations of social media in the workplace. Learn more by viewing the Slideshare presentation below. Written Employment Contracts View more presentations from FMC Law This presentation contains examples of the kinds of issues companies dealing with written employment contracts could face. If you are faced with one of these issues, please retain professional assistance as each situation is unique.http://www.fmc-law.com/Publications/0911_Overholt_Carman_Written_Employment_Contracts.aspxWed, 21 Sep 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0911_Overholt_Carman_Written_Employment_Contracts.aspxIn this article, Kristin Taylor shares her five-step program for the Accessibility for Ontarians with Disabilities Act (AODA) compliance. One in seven people in Ontario have a disability, a number that is expected to reach one in five within 20 years because of an aging population. No wonder then that the Ontario government is calling on private and not-for-profit organizations to make their workplaces more accessible. The new AODA forces organizations with 20 employees or more to conform to mandatory standards in customer service, employment, transportation, information and communications and new construction. Customer service is the immediate priority, carrying a Jan. 1, 2012 deadline, and the other standards will be phased in over the next decade. Kristin says discrimination based on disabilities has long been prohibited in the workplace, but only enforced when people complained. AODA positions Ontario as the world’s first jurisdiction to move from complaints-based legislation to a proactive regulatory regime concerning mandated accessibility. Read this article on the Financial Post's website by clicking here.http://www.fmc-law.com/Publications/0911_Taylor_Kristin_Financial_Post_Magazine_Enabling_Behaviour.aspxMon, 19 Sep 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0911_Taylor_Kristin_Financial_Post_Magazine_Enabling_Behaviour.aspxThe Oh Canada newsletter provides a monthly update on the following energy industry topics: Oil Sands East Coast News West Coast News Canadian Arctic News Alternative Energy On the Horizon Read more by clicking the download button.http://www.fmc-law.com/Publications/0811_Oh_Canada.aspxThu, 15 Sep 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0811_Oh_Canada.aspxThe Canadian Securities Administrators (the “CSA”) have published for a 90-day comment period proposed amendments to National Instrument 81-101 that are intended to implement Stage 2 of the point of sale disclosure framework originally published in October 2008 by the Joint Forum of Financial Market Regulators.  Stage 1, which came into force January 1, 2011, obligated mutual funds to produce and file a “Fund Facts” document, make it available on the fund’s or its fund manager’s website and provide it free of charge to investors on request. The Fund Facts document is a plain language document, no more than two pages (double-sided) in length, which highlights information that the CSA have determined to be critical to a potential investor’s understanding of the fund, including past performance, risks and the cost of investing. Stage 2 will require delivery of the Fund Facts to investors within two days of purchase of a mutual fund security. Read more by clicking the download button.http://www.fmc-law.com/Publications/0911_London_Steven_Focus_On_Securities_Corporate_Finance.aspxWed, 14 Sep 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0911_London_Steven_Focus_On_Securities_Corporate_Finance.aspxIn September 2009, new securities regulations came into force across all Canadian jurisdictions that imposed a registration obligation on any person or entity in the business of trading in securities distributed under a prospectus exemption. This new Exempt Market Dealer (“EMD”) category was designed to provide to securities regulators increased oversight and regulation of market participants in the exempt market. Previously, only Ontario and Newfoundland and Labrador imposed a Limited Market Dealer registration obligation, but that category did not impose as significant obligations as the new EMD category. Read more by clicking the download button.http://www.fmc-law.com/Publications/0911_Focus_On_Securities_Corporate_Finance_Steven_London.aspxTue, 13 Sep 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0911_Focus_On_Securities_Corporate_Finance_Steven_London.aspxThe Canadian Securities Administrators (“CSA”) published, on July 15, 2011, proposed amendments to NI 41 101, General Prospectus Requirements and Companion Policy 41 101CP to NI 41 101 together with other miscellaneous amendments to related instruments.  The 90 day comment period expires October 15, 2011. One of the proposals is to further extend the requirement to file a non issuer “submission to the jurisdiction, and appointment of an agent for service” form to all foreign experts including qualified persons.  It should be noted that these persons are already liable under the CSA statutory liability regime for misrepresentations in the prospectus that are derived from the report, opinion or statement. The proposed amendments to submit to the jurisdiction would also apply to all foreign directors of an issuer. Read more by clicking the download button.http://www.fmc-law.com/Publications/0911_Focus_on_Mining.aspxMon, 12 Sep 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0911_Focus_on_Mining.aspxIn this issue of Focus on Securities | Corporate Finance, Bill Gilliland and Dan Shea discuss the Proposed National Instrument 51-103. On May 31, 2010, the Canadian Securities Administrators (the “CSA”) released a consultation paper detailing a proposal to overhaul the securities regulatory regime applicable to venture issuers (other than issuers that fall within the definition of “venture issuer” under securities legislation by virtue of issuing only debt or preferred shares). The proposal was intended to initiate a consultation with market participants with the goal of developing an approach to venture issuer regulation that better reflects the needs and expectations of venture issuer investors and makes regulatory compliance more manageable. Read more by clicking the download button.http://www.fmc-law.com/Publications/0911_Focus_On_Securities_Corporate_Finance.aspxWed, 07 Sep 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0911_Focus_On_Securities_Corporate_Finance.aspxFor an option to renew or extend to be enforceable (as opposed to being a mere “agreement to agree,” which is unenforceable at law), the option must include both a formula or reference standard and machinery to determine the rent during the renewal/extension term. Binding arbitration is the typical “machinery” used to determine the rent during the extension term in the event that negotiations between the landlord and tenant fail to produce an agreement within a stipulated period. Reprinted by permission of Carswell, a division of Thomson Reuters Canada Limited. Read more by clicking the download button.http://www.fmc-law.com/Publications/1211_Binding_arbitration_common_determining_renewal.aspxThu, 01 Sep 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1211_Binding_arbitration_common_determining_renewal.aspxThe recent decision of the Federal Court of Appeal in Bozzer v. The Queen, 2011 DTC 5106, represents a victory for all Canadian taxpayers, as it overturns an overly-restrictive interpretation of a provision designed to grant taxpayer relief in appropriate circumstances. This article includes discussion on the following: Overview of Reasons for Judgment The Significance of the Bozzer Decision Republished with permission from CCH Canadian Ltd. Read more by clicking the download button.http://www.fmc-law.com/Publications/0811_Gentile_Angelo_Tax_Topics_August2011.aspxThu, 18 Aug 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0811_Gentile_Angelo_Tax_Topics_August2011.aspxOn July 21, 2011, the Competition Bureau (the "Bureau") released two new Interpretation Guidelines (the “Interpretation Guidelines”) setting out the Bureau's approach to notifiable transactions in the context of unsolicited or hostile transactions. "Hostile Transactions Interpretation Guideline Number I: Bureau Policy on Disclosure of Information" replaces a June, 2010 policy statement and states that while the Bureau generally protects information provided to or obtained by it under the Act, in the context of a hostile transaction it is obliged to immediately advise a target entity of receipt of a notification filing from a bidder. This guideline also states that the Bureau will provide information typically disclosed in the context of a non-hostile transaction (such as the complexity designation of the transaction, the anticipated timing of the Bureau's review, etc.) to both the target and the bidder in an equitable manner, subject to statutory restrictions on the disclosure of confidential information. Read more by clicking the download button.http://www.fmc-law.com/Publications/0811_Focus_On_Competition_Antitrust.aspxTue, 16 Aug 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0811_Focus_On_Competition_Antitrust.aspxOntario employers must start preparing to make their workplaces and employment practices more accessible to current and potential employees with disabilities as a result of new standards recently releasedby the Government of Ontario. The Government of Ontario recently released the final Integrated Accessibility Standards Regulation (the ‘‘Regulation’’) under the Accessibility for Ontarians with Disabilities Act, 2005 (the ‘‘AODA’’). The Regulation, which came into force on July 1, 2011, applies to virtually every public and private sector organization in Ontario that provides goods, services, or facilities to the public or other third parties. It also sets out three new accessibility standards in the areas of information and accessibility standards in the areas of information and communications, employment, and transportation. Republished with Permission from CCH Canadian Limited. Read more by clicking the download button.http://www.fmc-law.com/Publications/0811_CCH_Newsletter_McCreadie_Pushalik.aspxMon, 15 Aug 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0811_CCH_Newsletter_McCreadie_Pushalik.aspxThe Oh Canada newsletter provides a monthly update on the following energy industry topics: Oil Sands East Coast News West Coast News Canadian Arctic News Alternative Energy On the Horizon Read more by clicking the download button.http://www.fmc-law.com/Publications/0711_Oh_Canada_Newsletter_July.aspxTue, 09 Aug 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0711_Oh_Canada_Newsletter_July.aspxThe April 21, 2011 Federal Court of Appeal decision in Buckingham v. The Queen should be of great interest to directors of corporations for at least a couple of reasons. First, it confirmed that the objective standard of care, diligence and skill developed by the Supreme Court of Canada in Peoples Department Store Ltd. (1992) Inc. v. Wise, in relation to paragraph 122(1)(b) of the Canada Business Corporations Act, R.S.C. 1985, C. c-44 (the "CBCA"), can extend to subsection 227.1(3) of the Income Tax Act (the "ITA") and subsection 323(3) of the Excise Tax Act (the "ETA"). Second, it restricted the ability of the appellant (director) to argue that a defence of due diligence could be sustained where his efforts were focused on curing past failures to remit source deductions and GST, without also ensuring that future failures to remit were permitted. Republished with permission from CCH Canadian Ltd. Read more by clicking the dowload button.http://www.fmc-law.com/Publications/0811_Tax_Topics_Misutka_Iorio.aspxMon, 08 Aug 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0811_Tax_Topics_Misutka_Iorio.aspxIn the Expert Forum of the Global Business Magazine, Sandy Walker and Bill Jenkins provide insight into the foreign investment approval regime in Canada and lessons to be learned from recent M&A experience in Canada, including BHP Billiton's aborted bid for Potash Corporation of Saskatchewan. Republished with permission from the Global Business Magazine. For further information, please visit http://www.gbmonline.net/e-mag.cfm Read more by clicking the download button.http://www.fmc-law.com/Publications/0811_Recent_Canadian_M_A_Activity_Global_Business_Magazine.aspxMon, 01 Aug 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0811_Recent_Canadian_M_A_Activity_Global_Business_Magazine.aspxIn this article, Norman Emblem and Chloe Snider outline the recent Fulawka decision and discuss some of the important differences between this and the two other overtime pay decisions released this year. In the past year, in three prominent cases, the Ontario courts have considered whether employee claims for unpaid overtime are suitable to be brought as class actions. The latest decision in this trilogy of cases - the decision of the Ontario Divisional Court in Fulawka v. The Bank of Nova Scotia - was released on June 3 2011. In Fulawka the divisional court upheld the decision of Justice Strathy (of the Superior Court) certifying the employee plaintiff's action for overtime pay as a class action. This article also includes discussion on: Divisional court decision Causes of action Common issues Preferable procedure Read more by clicking here to view the article on International Law Office's website.http://www.fmc-law.com/Publications/0711_Ontario_Issues_Recent_Decision_Overtime_Pay_Class_Actions.aspxTue, 19 Jul 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0711_Ontario_Issues_Recent_Decision_Overtime_Pay_Class_Actions.aspxThe Supreme Court of Canada rendered a much awaited judgment in the case of Canada Trustco Mortgage Co. v. R. on July 15, 2011. In that case, a lawyer, Mr. McLeod, owed tax to the federal government.   Revenue Canada issued requirements to pay to Canada Trustco Mortgage Co. (the «Bank»), in a branch of which Mr. McLeod maintained a trust account for the purposes of his legal practice. Mr. McLeod also maintained at the same branch of the Bank a joint account together with another person. The requirements to pay were issued pursuant to pursuant to section 224 of the Income Tax Act («ITA»), which provides that the Minister of National Revenue (the «Minister») may require a person who is, or will be within one year, liable to make payment to a tax debtor to instead pay the money the person owes the tax debtor to the Receiver General. Read more by clicking the download button.http://www.fmc-law.com/Publications/Lemieux_Marc_Judgment_Canada_Trustco_Mortgage_Co_v_R_July_15_2011.aspxMon, 18 Jul 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/Lemieux_Marc_Judgment_Canada_Trustco_Mortgage_Co_v_R_July_15_2011.aspxThe Oh Canada newsletter provides a monthly update on the following energy industry topics: Oil Sands East Coast News West Coast News Canadian Arctic News Alternative Energy On the Horizon Read more by clicking the download buttonhttp://www.fmc-law.com/Publications/0611_Oh_Canada_Newsletter_June_2011.aspxWed, 13 Jul 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Oh_Canada_Newsletter_June_2011.aspxSusan Paul and Barry Zalmanowitz, Q.C., contributed to The Handbook of Competition Enforcement Agencies 2011, a Global Competition Review special report published in association with Fraser Milner Casgrain LLP. Canadian competition law is governed by the Competition Act (the Act), which includes criminal provisions, provisions for merger review and civil provisions relating to abuse of dominance. The commissioner of competition (the commissioner) heads the Competition Bureau (the Bureau) and has responsibility for administration and enforcement of the Act. Criminal cartel cases are prosecuted by the director of public prosecutions (the DPP) in the courts. The Competition Tribunal (the Tribunal) can, on application to the commissioner, grant remedial orders in merger and abuse of dominance cases. Guidelines published by the Bureau set out the commissioner’s approach to enforcing the merger, abuse of dominance and cartel provisions. This publication also includes discussions on the following: Cartels Immunity and leniency programmes Merger notification and review Abuse of dominance   Republished with permission. An extract from the 2011 Handbook of  Competition Enforcement Agencies - a www.GlobalCompetitionReview.com  special report. Read more by clicking the download button.http://www.fmc-law.com/Publications/0711_Handbook_Competition_Enforcement_Agencies_2011.aspxTue, 12 Jul 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0711_Handbook_Competition_Enforcement_Agencies_2011.aspxSubsection 75(2) of the Income Tax Act is an anti-avoidance provision. It provides that if a person contributes property to a trust, but under the conditions of the trust the property may revert to the person or the person retains certain powers over that property, then any income or loss from that property is attributed to the person. In a recent decision of Miller J, Sommerer v. The Queen, the Tax Court said that the purpose of this provision was not clear, but with all due respect, the writer disagrees. This article also includes discussion on the following: Existence of a Trust Subsection 75(2) Textual Interpretation Contextual Interpretation Purposive Interpretation Revert Read more by clicking the download button.http://www.fmc-law.com/Publications/0711_Who_Is_The_Person_Subsection_752_Estate_Planner.aspxMon, 11 Jul 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0711_Who_Is_The_Person_Subsection_752_Estate_Planner.aspxIn this issue of Focus on Competition | Antitrust, Sandy Walker discusses the Commissioner’s decision to challenge the joint venture between United Continental and Air Canada. To read more, please click the download button.http://www.fmc-law.com/Publications/0711_WalkerSandy_Air_Canada_United_Joint_Venture.aspxWed, 06 Jul 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0711_WalkerSandy_Air_Canada_United_Joint_Venture.aspxIn this issue of Focus on Competition | Antitrust, Sandy Walker discusses changes to the Draft Guidelines. To read more, please click the download button.http://www.fmc-law.com/Publications/0711_WalkerSandy_Merger_Enforcement_Guidelines.aspxWed, 06 Jul 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0711_WalkerSandy_Merger_Enforcement_Guidelines.aspxIn this issue of Focus on Competition | Antitrust, the following items are discussed: Draft Revised Merger Enforcement Guidelines Issued Commissioner of Competition Challenges Air Canada and United Continental Joint Venture Bell Canada Agrees to Pay $10 Million Penalty For Misleading Advertising To read more, please click the download button.http://www.fmc-law.com/Publications/0711_Focus_on_Competition_Antitrust.aspxWed, 06 Jul 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0711_Focus_on_Competition_Antitrust.aspxIn this publication, FMC's John Sandrelli and Owen James discuss the seminal case of Century Services Inc. v Canada (Attorney General), where by the Supreme Court of Canada for the first time, directly interpreted key provisions of the Companies’ Creditors Arrangement Act (the CCAA), Canada’s “statute of choice” for complex insolvencies and restructurings. The judgment of Canada’s highest court is notable for the following reasons: it reconciled an apparent conflict between the CCAA and the Excise Tax Act (the ETA), which lower courts across Canada had previously interpreted as conferring a priority for goods and services taxes (GST) on the Crown in CCAA proceedings; and more importantly for insolvency practitioners, who are regularly required to seek the court’s assistance in resolving the novel and often complex challenges that arise in a CCAA restructuring, it addressed the scope of the court’s jurisdiction and discretion when supervising a CCAA reorganisation. To read more, click here.http://www.fmc-law.com/Publications/Whos_Who_Insolvency_Restructuring_2011.aspxFri, 01 Jul 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/Whos_Who_Insolvency_Restructuring_2011.aspxIn this article Michael Schafler discusses the decision released on March 18, 2011 by the Supreme Court of Canada in Seidel v. TELUS Communications Inc. 2011 SCC 15. In its decision the Supreme Court of Canada held, in a split 5-4 ruling, that in appropriate circumstances an arbitration clause in a consumer context will not oust a class action.  The decision is particularly noteworthy for the rigorous dissenting reasons and is a must read for anyone who is engaged in class action or arbitration work. First published in Possibilities, the CBA National ADR Section Newsletter, July 2011. This article may also be obtained on the CBA website, at http://www.cba.org/cba/newsletters-sections/pdf/2011-06-ADR.pdf . Read more by clicking the download button.http://www.fmc-law.com/Publications/Schafler_Michael_Consumer_arbitration_clauses_class_actions_Supreme%20Court.aspxFri, 01 Jul 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/Schafler_Michael_Consumer_arbitration_clauses_class_actions_Supreme%20Court.aspxThe Canada Border Services Agency (CBSA) has recently released its 23 “target” national audit priorities for the coming year.  In addition to the national audit priorities listed below, the CBSA is also conducting audits of large file importers and other strategic targets.  Importers who do not plan for a potential customs audit do so at their own peril. The following information will highlight some of the current CBSA audit priorities and give some insight into how to prepare for a CBSA audit and manage potential risk from customs duty, punitive interest and penalty assessments that could arise in the event of a negative CBSA audit finding.  Proper planning and the implementation of appropriate compliance measures will assist importers in avoiding these potential customs risks. Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Focus_On_Tax.aspxTue, 28 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Focus_On_Tax.aspxMargot Patterson and Tom Houston discuss the 5 Steps to Transition: the Canada Not-for-Profit Corporations Act. The new Canada Not-for-Profit Corporations Act (“CNCA”) is expected to come into force in the summer or fall of 2011, bringing with it a new framework for the governance and incorporation of associations, charities and other federal not-for-profit organizations. The CNCA will replace Part II of the Canada Corporations Act (“CCA”), which has set the rules for not-for-profit organizations since 1917.  Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Focus_On_Canada_Not_For_Profit.aspxFri, 24 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Focus_On_Canada_Not_For_Profit.aspxIn the midst of the unveiling of the Northern Plan in May 2011, the Government of Québec announced its intention to establish the Société du Plan Nord, a public entity that will be responsible for coordinating development activities resulting from the Northern Plan, north of the 49th parallel. On June 8, 2011, the Government introduced Bill 27, An Act respecting the Société du Plan Nord, which provides the operating rules of the Company and states the mission, powers and financial arrangements for this body that will play a key role in the development of the North. Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Focus_On_Plan_Nord.aspxWed, 22 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Focus_On_Plan_Nord.aspxIn this publication, Mary Picard discusses pensions, severance packages for terminating employees and the “Indalex” Ontario Court of Appeal case. This publication provides further discussion on the following items: The pension piece of a severance package should be paid out of the pension plan if possible. Techniques to achieve this can be good for employers and employees. Severance packages for many terminating employees are about to get a lot more expensive. Find out if the terminating employee is in a defined benefit pension plan that has early retirement enhancement provisions. Their pension entitlement could double in value, under new Ontario pension legislation.  What should you know about the “Indalex” Ontario Court of Appeal case? Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Picard_Mary_Pension_Update_Six_Minute_Employment_Lawyer.aspxTue, 21 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Picard_Mary_Pension_Update_Six_Minute_Employment_Lawyer.aspxBarry Zalmanowitz, Q.C., Sandy Walker, Jenelle Matsalla co-wrote the article "Visa and MasterCard Rules Challenged by The Competition Bureau" published in the National Banking Law Review. On Wednesday, December 15, 2010, the Competition Bureau announced that it filed an application with the Competition Tribunal for a remedial order prohibiting Visa and MasterCard from enforcing or continuing to impose their allegedly restrictive and anti-competitive terms on merchants accepting their credit cards. Reproduced with permission of the publisher from National Banking Law Review, Vol. 30, No. 2, April 2011. Read more by clicking the download button.http://www.fmc-law.com/Publications/0411_Visa_Mastercard_Rules_Competition_Bureau_NBLR.aspxTue, 21 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0411_Visa_Mastercard_Rules_Competition_Bureau_NBLR.aspxIn this issue of Focus on Real Estate, the following items are discussed: Repeal of Toronto’s Harmonized Zoning By-law Recent Case Law Confirms the Heavy Burden on Developers to Strictly Comply with REDMA Obligations to Amend and Deliver Disclosure Statements when there is a Change in a Material Fact Commercial Real Estate Joint Ventures Are Not All Created Equally Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Focus_On_Real_Estate.aspxMon, 20 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Focus_On_Real_Estate.aspxJennifer Dezell and Jill Macgillivray co-wrote the article "Two in the Bush: When a Registered Security Interest is Not a Bird in the Hand" published in the National Banking Law Review. On November 5, 2010, the Supreme Court of Canada gave judgment in two companion cases involving security granted under s. 427 of the Bank Act, S.C. 1991, c. 46 [the Bank Act], in competition with security granted under the Personal Property Security Act, S.S. 1993, c. P-6.2 [the PPSA]. The two cases, Bank of Montreal v. Innovation Credit Union and Royal Bank of Canada v. Radius Credit Union Ltd. gave the Court an opportunity to bring some clarity to what had become, in the Court’s words, “a muddled area of law”. Reproduced with permission of the publisher from National Banking Law Review, Vol. 30, No. 2, April 2011. Read more by clicking the download button.http://www.fmc-law.com/Publications/0411_Two_In_The_Bush_NBLR.aspxFri, 17 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0411_Two_In_The_Bush_NBLR.aspxFraser Milner Casgrain LLP (FMC) Partner Carman Overholt presents a topic intended to assist you in developing policies and managing the problems arising from the use of social media in the workplace. Carman will review the nature of policies and best practices that are recommended. Learn more by playing the webcast below.http://www.fmc-law.com/Publications/0611_Social_Media_Opportunities_Limitations_Webcast.aspxFri, 17 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Social_Media_Opportunities_Limitations_Webcast.aspxSubsection 75(2) of the Income Tax Act is an anti-avoidance provision. It provides that if a person contributes property to a trust, but under the conditions of the trust the property may revert to the person or the person retains certain powers over that property, then any income or loss from that property is attributed to the person. In a recent decision of Miller J, Sommerer v. The Queen, the Tax Court said that the purpose of this provision was not clear, but with all due respect, the writer disagrees. This article also includes discussion on the following: Existence of a Trust Subsection 75(2) Textual Interpretation Contextual Interpretation Purposive Interpretation Revert Read more by clicking the download button.http://www.fmc-law.com/Publications/0711_Who_Is_The_Person_Subsection_752.aspxThu, 16 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0711_Who_Is_The_Person_Subsection_752.aspxThe media reports daily on a wide range of subjects demonstrating the way in which social media has  fundamentally changed our lives and the workplace. In this presentation, Carman Overholt gives an in-depth look at the opportunities and limitations of social media in the workplace and offers advice on how to develop a social media policy. Learn more by viewing the Slideshare presentation below. Social Media: Opportunities and Limitations in the Workplace View more presentations from FMC Law This presentation contains examples of the kinds of issues companies looking at opportunities for social media in the workplace could face. If you are faced with one of these issues, please retain professional assistance as each situation is unique.http://www.fmc-law.com/Publications/0611_Overholt_Carman_Social_Media_Opportunities_Limitations_Workplace.aspxThu, 16 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Overholt_Carman_Social_Media_Opportunities_Limitations_Workplace.aspxIn this article, Sandy Walker discusses the foreign investment review in Canada after Potash. Potash, once a relatively obscure commodity, became the unlikely centre of a foreign investment review controversy in Canada in 2010 as the Canadian Government rejected BHP Billiton’s bid for Potash Corporation of Saskatchewan (PotashCorp.) under the Investment Canada Act’s “net benefit to Canada” test. The decision raised concerns that Canada was closing the door on foreign investment. Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Walker_Sandy_Foreign_Investment_Canada_English_Version.aspxWed, 15 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Walker_Sandy_Foreign_Investment_Canada_English_Version.aspxOn May 12, 2011, the Government of Quebec tabled before the National Assembly Bill 14, a new bill aiming to modernize mining law in Quebec in the wake of the unveiling of the Plan Nord, of which mining development was made a key aspect. Through Bill 14 (entitled: An Act respecting the development of mineral resources in keeping with the principles of sustainable development), the government proposes amendments to mining law to promote the social acceptability of mining activities and the restoration of mining sites. As such, Bill 14 proposes measures which will increase obligations for mining companies significantly and create new restrictions on mining development activities. Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Focus_On_Mining.aspxTue, 14 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Focus_On_Mining.aspxAt FMC, we are strongly committed to our China practice. Over the past 20 years, FMC has acted for numerous clients in China and Hong Kong seeking strategic business opportunities in Canada. FMC is a pioneer and leader in HKSE-TSX dual listings. We also advise Chinese clients on matters related to corporate/commercial, financings, mergers & acquisitions, trade and energy (including oil & gas and renewable energy). We work closely with our clients and business partners in China to achieve favourable results. Click the download button for FMC's Your Canadian Connection to China brochure.http://www.fmc-law.com/Publications/0611_Your_Canadian_Connection_To_China.aspxTue, 14 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Your_Canadian_Connection_To_China.aspxGordon Funt and Matthew Peters co-wrote the article "Braydon - The Requisite Intent for Fraudulent Conveyances" in the National Creditor/Debtor Review. The British Columbia Court of Appeal’s decision in Abakhan & Associates Inc. v. Braydon [Braydon] is of signal import to the insolvency bar and trustees. Leave to appeal to the Supreme Court of Canada has been denied (McLachlin C.J., Abella and Cromwell JJ.). Braydon defines the requisite intent for a fraudulent conveyance under B.C.’s Fraudulent Conveyance Act [BCFCA].Reproduced with permission of the publisher from National Creditor/Debtor Review, Vol. 26, No. 1, March 2011.Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_National_Creditor_Debtor_Review_Braydon_Requisite_Intent_Fraudulent_Conveyences.aspxMon, 13 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_National_Creditor_Debtor_Review_Braydon_Requisite_Intent_Fraudulent_Conveyences.aspxA Q&A guide to dispute resolution in Canada. In this publication, FMC's Michael Schafler and John Lorn McDougall give a structured overview of the key practical issues including, for example, court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. Key Content Includes: Main dispute resolution methods Court litigation - general Fees and funding Court proceedings Interim remedies Final remedies Evidence Appeals Class actions Costs Enforcement of a local judgment Cross-border litigation Alternative dispute resolution Proposals for reform Contributor details Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Practical_Law_Company_Dispute_Handbood_Schafler.aspxMon, 13 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Practical_Law_Company_Dispute_Handbood_Schafler.aspxGordon Funt and Matthew Peters co-wrote the article "Braydon - The Requisite Intent for Fraudulent Conveyances" in the National Creditor/Debtor Review. The British Columbia Court of Appeal’s decision in Abakhan & Associates Inc. v. Braydon [Braydon] is of signal import to the insolvency bar and trustees. Leave to appeal to the Supreme Court of Canada has been denied (McLachlin C.J., Abella and Cromwell JJ.). Braydon defines the requisite intent for a fraudulent conveyance under B.C.’s Fraudulent Conveyance Act [BCFCA]. Reproduced with permission of the publisher from National Creditor/Debtor Review, Vol. 26, No. 1, March 2011. Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Funt_Gordon_Braydon_The_Requisite_Intent_Fraudulent_Conveyances.aspxFri, 10 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Funt_Gordon_Braydon_The_Requisite_Intent_Fraudulent_Conveyances.aspxThe Oh Canada newsletter provides a monthly update on the following energy industry topics: Oil Sands East Coast News West Coast News Canadian Arctic News Alternative Energy On the Horizon Read more by clicking the download button.http://www.fmc-law.com/Publications/0511_Oh_Canada_Newsletter_May_2011.aspxThu, 09 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0511_Oh_Canada_Newsletter_May_2011.aspxFairness opinions and their quality are not generally highly-charged, emotional subjects in Canada. In fact, the most notorious court case in the last several years that addressed fairness opinion issues did not even involve an actual fairness opinion — it was the lack of a fairness opinion that was a point of contention. Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Fairness_Opinions_Ralph_Shay.aspxMon, 06 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Fairness_Opinions_Ralph_Shay.aspxFederal Budget 2011 - Update       This annual publication is produced by the National Tax Group of Fraser Milner Casgrain LLP (FMC), together with CCH.This edition contains editorial comments regarding tax proposals announced in the first Federal Budget on March 22, 2011, and the second Federal Budget on June 6, 2011, by the Honourable James M. Flaherty, P.C., M.P., Minister of Finance.  Tax AnalysisSeveral FMC tax lawyers are on the Editorial Board of the CCH Canadian Tax Reporter, and even more are involved in writing the CCH tax commentary in the Reporter. On March 22, 2011, FMC tax lawyers and CCH participated in the Budget lockup to produce the CCH commentary on the Budget's tax measures. Following the lockup, the document was reviewed by members of FMC’s National Tax Group who also had the opportunity to provide their commentary.On June 6, 2011, the government did not conduct a Budget lockup, but instead made the Budget documents available at 4 p.m. Members of FMC's National Tax Group and CCH reviewed both the first and second Budget documents to provide updated and complete commentary. To view the Resolutions and CCH editorial commentary, please click here.Federal Budget Documents       For complete June 6 Budget documents, please click here. For complete March 22 Budget documents, please click here.Read more by clicking on the download button.http://www.fmc-law.com/Publications/0611_Focus_On_Tax_Federal_Budget_2011.aspxMon, 06 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Focus_On_Tax_Federal_Budget_2011.aspxJames Wishart and Jawaid Panjwani discuss Canada's imposed economic sanctions on Syria in response to the recent events in North Africa. Topics include: Special Economic Measures Against Syria Measures Targeting Designated Persons and Entities Monitoring and Reporting Obligations Exclusions Future Ban on Exports of Particular Goods and Technology Achieving Compliance Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Focus_on_International_Trade.aspxThu, 02 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Focus_on_International_Trade.aspxIn this article, Salim Hirji discusses foreign currency debts in British Columbia and the Foreign Money Claims Act. In the last three years, the Canadian dollar has seen a great deal of volatility — in the Spring of 2008, the Canadian dollar was on par with the U.S. dollar, and competitive against other major currencies such as the British Pound and the Euro. Six months later, as the global financial system began to show serious signs of weakness, the value of the Canadian dollar quickly slid to 77 cents U.S. Today, the Canadian dollar hovers within five cents of the U.S. dollar. Reproduced with permission of the publisher from National Creditor Debtor Review, Vol. 26, No. 2, June 2011. Read more by clicking the download button.http://www.fmc-law.com/Publications/0811_Hirji_Salim_National_Creditor_Debtor_Review.aspxWed, 01 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0811_Hirji_Salim_National_Creditor_Debtor_Review.aspxIn this article, FMC Associate Mark Piel discusses progress in development charges. Effective urban planning and infrastructure development does not occur without effective revenue producing tools. At the same time, a municipality’s use of available revenue-producing tools, such as realty taxes, service charges, and development charges, must be prudent and fair so the cost associated with building and maintaining our communities is proportionately shared by existing and new property owners alike. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Piel_Mark_Progress_In_Development_Charges.aspxWed, 01 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Piel_Mark_Progress_In_Development_Charges.aspxScents in the workplace may affect employees' well-being. This is most common with the scents of shampoos and conditioners, lotions, perfumes, colognes, aftershaves, hairsprays, air fresheners, and cleaning agents. Where an employee has sensitivity to scents, exposure to them may result in a number of different symptoms, including headaches, dizziness, light-headedness, weakness, loss of appetite, shortness of breath, skin irritation, nausea, or fatigue. These environmental and multiple chemical sensitivities are considered to be disabilities and, as a result, employees may require workplace accommodation. Not surprisingly, human rights applications arising from scent sensitivity on the basis of disability have recently been advanced in Ontario and other jurisdictions. In this article, Naomi Horrox offers employers a number of tips on how to best handle complaints relating to employees' environmental sensitivity. This article is copyright CCH Canadian Limited and was first published in the monthly CCH newsletter Focus on Canadian Employment and Equality Rights, Volume 9, Number 18, June 2011. It is reproduced with permission of the publisher. Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Smells_Like_Human_Rights_Complaint.aspxWed, 01 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Smells_Like_Human_Rights_Complaint.aspx