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

If the bill comes into force it will have far reaching compliance consequences for all private BC companies.

The Commissioner has made a surprising reversal of its long-standing position on the transfer of personal information.

Five factors to consider when reviewing your Canadian trademark strategy in 2019.

Instead of quashing models that have the potential to empower the workforce, better protections for gig workers are needed.

Fasken’s team examines important budget 2019 measures — some which made headlines, and others that should not escape notice.

The budget contains significant proposals to amend income and excise taxes, while also providing updates on previously announced tax measures and policies.

The Advisory reflects the fact that OSFI is very focused on this increasingly significant area of risk.

The announcements foreshadow significant near-term changes to Canada's medical device regulatory regime.

How the US-Mexico-Canada Agreement affects telecommunications, broadcasting and digital trade.

This bulletin looks at key proposed changes to trademark law in Canada.

Retention of personal information carries various obligations, particularly in terms of access to the information and confidentiality.

On July 12, the Competition Amendment Bill was introduced in Parliament, substantially revising the earlier version of the Bill.

Health Canada issued a notice of intent to restrict the amount of alcohol in highly sweetened alcoholic beverages.

The Proposed Regulations are wide ranging and include a number of substantive changes as well as technical amendments.

Important guidance documents issued in respect of activities regulated pursuant to the Personal Information Protection and Electronic Documents Act ...

The cybersecurity field is ripe for affected stakeholders to test claims that directors and officers have failed to discharge their duties.

Directors and officers in Canada face increased risk of personal liability and threats to job security in relation to cybersecurity...

A consultation paper released in February could potentially have broad implications for Canada's AML/ATF regime.

The Fair Workplaces, Better Jobs Act, 2017 makes significant changes to the Employment Standards Act, 2000.

Or does it merely offer the illusion of protection? What you need to know about the validity and enforceability of a non-competition clause.

Canada's 2018 Federal Budget contains significant proposals to amend the Income Tax Act and the Excise Tax Act while also providing updates on previously announced tax measures and policies ...

We must consider how to regulate, or at least control, the use of artificial intelligence at different levels ...

Update on Directive 067: Eligibility Requirements for Acquiring and Holding Energy Licences and Approvals ...

Effective March 1, 2018: New Regime will Result in Limited Relief for Certain Taxpayers Disclosing Errors and Omissions ...

CRTC Provides Guidance on B2B Messaging and the Due Diligence Defence ...

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 ...

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 ...

Federal Court Issues Landmark Ruling in Globe24h ...

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

Trump and the Changing Political Landscape in the US ...

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

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

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

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...

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

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: 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.

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

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

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

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 ...

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

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

Province must consult and decide but may impose conditions

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

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

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

The roles and responsibilities of the legal representative set out under Clinical Trials Directive 2001/20/EC are likely to change under the new Clinical Trials Regulation 536/2014.

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.

Employers whose foreign employees must apply for a work permit or extension should be aware of a new Compliance Form and Compliance Fee that they must submit before the person applies for the work permit in Canada.

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 Canadian Intellectual Property Office has issued a revised guidance which provides clear instructions on how to approach medical use claims and determine whether such claims are eligible for patent protection.

The TPP will impact goods access and other aspects of Canadian businesses.

Canada's Integrity Framework raises difficult choices for corporate board directors and management regarding voluntary disclosure of prior foreign corrupt activity of an acquired company.

If ratified, key intellectual property provisions in the Canada-EU trade pact will provide additional protection for innovative pharmaceutical products.

The proposed European regulatory regime will merge the directives on Medical Devices and Active Implantable Medical Devices into a single regulation and wholly replace the current regulation on In Vitro Diagnostic Medical Devices.

While Canada does not currently have a reporting regime for payments to governments, a process is underway to ensure that a regime is implemented in the near future.

Bill C-31, which was given royal assent on June 19, 2014, will eliminate the requirement that a trademark be used in order to be registered in Canada.

Many companies will consider the availability of and merits of seeking patent and/or trade-mark registration. However, one form of IP protection that is often overlooked is an industrial design registration.

The Canada-United Kingdom Tax Convention was amended with the signing of a protocol on July 21, 2014. This article will describe some highlights of the Protocol and comment on the impact of these provisions on cross-border tax issues between Canada and the ...

The "Certain Televisions Remission Order" confirms that, in fact, there is not now, and never actually was, "tax" on "iPod" imports to Canada.

Here are some key trademark filing strategies for avoiding or minimizing the potential impact of recent amendments to the Canadian trademark landscape.

There have been a significant number of insurance company M&A transactions in the Canadian market in recent years, a trend expected to continue. Fasken Martineau DuMoulin have surveyed the acquisition agreements from these transactions and analysed ...

Fasken Martineau DuMoulin’s Huy Do and Jack Yu¹ write that acquisitions of, or investments in, Canadian businesses can give rise to merger control and foreign investment reviews. ...