From the public policy standpoint, there has been a shift towards more environmental stewardship in Canada, evidenced by heightened media attention on environmental issues and by an expanded legal framework relating to the management of environmental liabilities. For example, directors may be personally liable for violation of environmental statutes1 and may face reputational harm if the corporations they manage are found to have breached environmental rules or norms.

APPLICATIONS FOR LEAVE TO APPEAL DISMISSED

37268

Joseph Palazzo v. Standard Life Assurance Company of Canada

(Que.)

Civil Procedure – Appeal – Prescription

The Applicant was an employee of the Respondent from 1968 to 2009. In 1980, the Applicant began selling life insurance and investment products of the Respondent until his retirement on May 1, 2009. During his employment as a sales representative, the Applicant was paid on a commission basis only.

Dans l’arrêt Arrangement relatif à Métaux Kitco inc. 2017 QCCA 268 rendu le 20 février dernier, la Cour d’appel du Québec a confirmé la décision de la Cour supérieure interdisant l’Agence du revenu du Québec (« ARQ ») de compenser des crédits et des remboursements de taxes sur les intrants (« CTI/RTI ») réclamés prétendument illégalement par Métaux Kitco inc. (« Kitco ») avant le dépôt d’un avis d’intention avec des CTI/RTI engendrés après le dépôt d’un avis d’intention.

In its decision in Arrangement relatif à Métaux Kitco inc. 2017 QCCA 268, rendered on February 20th, the Quebec Court of Appeal upheld a Quebec Superior Court decision prohibiting Revenu Québec (“RQ”) from setting off input tax credits and refunds (“ITC/ITRs”) allegedly claimed illegally by Kitco Metals Inc. (“Kitco”) before filing a notice of intention to make a proposal to its creditors, against ITC/ITRs generated after the filing of the notice.

Canada recently adopted a "bail-in" or recapitalization regime which enhances the federal Government’s toolkit for the orderly resolution of distressed member institutions determined to be non-viable. This bulletin outlines the Government’s powers to intervene and stabilize failing financial institutions, with a focus on the new amendments relating to bail-in powers and the treatment of derivatives contracts.

What You Need To Know

The restructuring of Sanjel Corporation and its affiliates (previously discussed here) continues to provide interesting developments on the application and interpretation of the Companies’ Creditors Arrangement Act.

Hello,

The insolvency of the CHC Group and over 40 directly or indirectly owned subsidiaries (collectively, CHC) will have a large impact on Canada given the size of CHC’s operations in the country. In general, the CHC insolvency could raise a range of core Cape Town Convention/Aircraft Protocol “CTC) issues should the applicable aircraft objects be subject to CTC international interests. In Canada, however, it is our understanding that the CTC is not applicable as the relevant aircraft in Canada were financed before the CTC came into force in Canada.

On December 10, 2016, Ontario’s Forfeited Corporate Property Act, 2015 (the FCPA), comes into force,1 along with related amendments to the Ontario Business Corporations Act (the OBCA).

On November 16, 2016, the Ontario Ministry of Government and Consumer Services (“MGCS”) posted the Fall 2016 report (the “Report”)[1] of the Business Law Advisory Council (the ”Council”), which was formed by the MGCS in March 2016 to put forward recommendations for modernizing Ontario’s corporate and commercial statutes.