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North America

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Canada: No Duty to Consult Triggered by Omnibus Changes to Environmental Laws

October 30, 2017

In Canada (Governor General In Council) v. Courtoreille, 2016 FCA 311, the Federal Court of Appeal found that the federal government did not owe a duty to consult when it developed and implemented changes to environmental legislation through two omnibus bills …

Corporate Parent Liability: Litigation Risks for Resource Companies

October 24, 2017

Traditionally, parent companies have been considered legally distinct entities and thus immune from the actions of their subsidiaries, a concept described as the “corporate veil”. This position is now being challenged …

SOUTH KOREA: Amendment of Korean Fair Trade-related Laws

October 13, 2017

The Moon administration is seeking reforms in a variety of areas of the Korean economy, based on its vision of “an economy pursuing co-prosperity” …

Temporary Foreign Workers in Canada: Employer Compliance Rules

October 10, 2017

The regulations that govern applications for work permits provide a very strict framework for employers who hire temporary foreign workers in Canada …

The Global Reach of Canadian Privacy Law

October 4, 2017

Federal Court Issues Landmark Ruling in Globe24h …

Primer on Procurement Rules in the New Canadian FTA

September 6, 2017

Fasken Martineau Releases Primer on Procurement Rules in the New Canadian Free Trade Agreement …

Canada is Open for Business

September 1, 2017

Trump and the Changing Political Landscape in the US …

South Korea: Compelling foreign-based inventors to provide deposition testimony in the US

September 1, 2017

As part of the discovery process in US patent litigation, the party accused of patent infringement will seek the deposition testimony of the inventor …

Canada: Donald Trump, Paris and the Climate Policy Two­-Step

August 1, 2017

Will the U.S. withdrawal from the Paris Agreement fundamentally alter Canada’s course?

China’s Priorities for a Free Trade Agreement with Canada

June 20, 2017

Analysis of Chinese language commentary, news media and academic studies, reveal some of China’s top priorities for a free trade agreement with Canada …

The Canadian Government Proposes Amendments to the Regulation of Drug Pricing

June 1, 2017

Due to concerns about the growing percentage of the health care budget allotted to drug spending in Canada and the relative drug prices in Canada compared to other developed countries, the Canadian government is proposing changes to the way in which prices for patented drugs are regulated …

Private right of action under Canada’s Anti-Spam Law

January 18, 2017

As of July 1, 2017, individuals and organizations will be entitled to institute a “private right of action” before the courts against those that contravene certain provisions of Canada’s Anti-Spam Law …

Canada: New Authorities under Vanessa’s Law

January 5, 2017

On June 18, 2016, the Federal Department of Health published a Notice of Intent to amend the Food and Drug Regulations and the Medical Devices Regulations to implement key authorities under Vanessa’s Law…

Canada: Consultation on New Health Regs for Self-Care Products

January 5, 2017

Health Canada is seeking consultation on new standards for self-care products, over-the-counter drugs, natural health products and cosmetics …

New Federal Consumer Protection Regime for Bank Customers

November 30, 2016

Canada: The government has introduced a bill which proposes to create a comprehensive federal consumer code and strengthen federal jurisdiction over provincial jurisdiction with respect to products and services of banks.

Canada: Alberta’s Renewable Electricity Program

November 30, 2016

Alberta released details of the Renewable Electricity Program to accelerate the development of renewable power generation through a competitive bid process.

Certainly Uncertain: Construction Trusts after Iona in Canada

November 2, 2016

A recent decision clarifies the law regarding provincial statutory trusts in the insolvency context, particularly in the construction sector.

The Fight against Climate Change and the Overhaul of Canada’s Environment Quality Act

November 2, 2016

A bill allows government to require a “climate test” from a project proponent.

Transport Canada Promises New Drone Regulations

September 28, 2016

Increase in popularity has had a direct effect on risks involved for the safe use of regular aircraft …

Health Canada Is Cracking The Whip On Advertising Violations

September 28, 2016

On January 21, 2016, various hospitals, natural health product manufacturers, physicians and pharmaceutical companies found themselves specifically named by Health Canada in a published list of health product advertising complaints …

Canada: New Strategic Plan for the Patented Medicines Prices Review Board

September 28, 2016

The Strategic Plan comprises a fresh vision, a revised mission statement and four new strategic objectives …

N. America: Northern Gateway Pipeline

September 28, 2016

Province must consult and decide but may impose conditions

Canada: Tinkering with Title – Don’t Get Caught by Surprise

May 18, 2016

The Mining Amendment Act 2015 proposes a new electronic mining lands administration system in Ontario.

New Lobbyists’ Code Will Restrict Dealings with Canada’s Federal Government and Agencies

May 18, 2016

Canada’s new Lobbyists’ Code of Conduct will significantly restrict the activities of lobbyists and others seeking to influence federal decision making.

Righting a Wrong: Canadian Regulators Improve the Rights Offering Regime

May 18, 2016

Canadian regulatory authorities recently overhauled how prospectus exempt rights offerings are to be conducted going forward.

Global economic weather 4th May 2016

May 4, 2016

The economic news has been so disappointing for so long that even the trickle of good news seen over the last few weeks is emerging as the strongest run for almost a year. But, as the chart shows …

Global economic weather 27th April 2016

April 27, 2016

Despite a week of mostly negative news, the story of the last month has been one of more surprises than shocks, …

Global economic weather

April 26, 2016

The balance of good news vs bad news about the global economy reached its most positive point since November 2015 during this week …

Global economic weather

March 23, 2016

Fed chairman Janet Yellen’s dovish comments after the Fed’s FOMC meeting persuaded the market that we can expect only two US rate hikes this year …

Historic Court of Appeal Decision in Dunkin’ Brands: Three Lessons for Franchisors in Canada

March 7, 2016

The Quebec Court of Appeal has specified the intensity of the franchisor’s implied obligations in what is the most significant franchise case in Québec since 1998.

Use of Trademarks As Metadata & #Hashtags in Canada

March 1, 2016

A recent decision of the Federal Court of Canada provides guidance on the proper use of IP in this digital world that brand owners need to know now.

The Application of the Bhasin Principle of Good Faith in Canada: An Early Example

March 1, 2016

A recent decision from the Supreme Court of British Columbia provides an early example of how courts will apply the general principle of good faith in Canada.

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