Corporate/commercial law


  • OCA lifts roadblock for Chevron case

    OCA lifts roadblock for Chevron case

    Nov 13, 2017

    The Court of Appeal has set aside an order that could have ended a group of Ecuadorian plaintiffs’ attempts to enforce a US$9.5-million judgment against Chevron in Ontario. In October, a judge ordered the plaintiffs to post more than $900,000 as security for costs of the proceeding, as they had failed to show their claim had a good chance of success.

  • Judge rules 44-month delay in corruption trial is all right

    Judge rules 44-month delay in corruption trial is all right

    Oct 23, 2017

    An Ontario Superior Court judge has ruled that a 44-month period from the time charges were laid until the expected end of trial is not unreasonable, in part because it is a rare prosecution under the Corruption of Foreign Public Officials Act.

  • Chevron plaintiffs ordered to post security for costs

    Chevron plaintiffs ordered to post security for costs

    Oct 10, 2017

    A Court of Appeal judge may have dealt a fatal blow to the attempts of Ecuadorian villagers to collect a $9.5-billion judgment against Chevron from an Ontario subsidiary. Justice Gloria Epstein has ordered the plaintiffs to post more than $900,000 in security for costs to Chevron Corporation and its seventh-level subsidiary based in Ontario, Chevron Canada Limited.

  • Tax changes could have costly consequences

    Tax changes could have costly consequences

    Sep 25, 2017

    Proposed changes to private incorporation tax rules could have costly consequences for corporate clients, say lawyers who have reviewed potential shifts to the Income Tax Act. The federal Liberal government has been at the centre of ongoing controversy over the proposed changes, which were announced this summer and could go into effect later this fall.

  • Can Competition Act address Big Data cases?

    Can Competition Act address Big Data cases?

    Sep 18, 2017

    The TREB decision is being appealed to the Federal Court of Appeal. Osborne says that, 20 years ago with Nielsen, the issue was an exclusive relationship to collect the data, whereas the TREB decision deals with who can use that data and who can have access to it. The fact that the bureau recently dropped an investigation of Google regarding abuse of dominance — a practice where a major market player uses its position to exclude other players — saying that it concluded that such an action could not proceed may be a factor in why it has decided to issue a white paper on Big Data.

  • Canada’s role in mega-deals increasingly important

    Canada’s role in mega-deals increasingly important

    Sep 18, 2017

    Canada’s influence in mega-deals is becoming increasingly important in getting the deal done and continues to position the country as a strategic asset in an increasingly global marketplace. If companies have assets located in Canada or business conducted in Canada that meets a threshold, they must co-operate not only with Canada’s Competition Bureau but also with any other jurisdiction that would have authority over the deal.

  • Leniency and immunity programs to be reviewed

    Leniency and immunity programs to be reviewed

    Sep 18, 2017

    The Competition Bureau has announced its plans to review its leniency and immunity programs this year. Lawyers say any proposed changes need to walk a fine balance, lest they discourage anyone from coming forward to offer information needed to build cases. “The proposed changes that the bureau is looking at are a pretty big deal in the enforcement and administration of the criminal conspiracy provisions of the Competition Act,” says Subrata Bhattacharjee, partner with Borden Ladner Gervais LLP in Toronto.

  • Barriers to private actions deemed too high

    Barriers to private actions deemed too high

    Sep 18, 2017

    While the Competition Act allows for private actions at the Competition Tribunal in limited circumstances, it’s a provision that has seen little take-up, in part because of the high bar that was set in order for those actions to go ahead. Competition lawyers say it makes sense to make it easier to start more private actions. “You’re dealing with a Competition Bureau that is resource-restrained — they’re not going to bring every case that comes to them by way of a complaint,” says Nikiforos Iatrou, partner with WeirFoulds LLP in Toronto.

  • Human rights check needed for pension plans

    Human rights check needed for pension plans

    Aug 28, 2017

    Female former Mounties bring action over benefits. Pension plan sponsors need to work a human rights check into their compliance reviews, says a Toronto lawyer.

  • Pension sponsors hopeful about new funding framework

    Pension sponsors hopeful about new funding framework

    Aug 28, 2017

    Change anticipated to make plans more affordable. Pension sponsors are cautiously optimistic about Ontario’s new funding framework for defined-benefit plans, according to lawyers in the field.

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