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    Doing Business in Canada: A Legal Overview
    2015-01-31

    DOING BUSINESS IN CANADA: A LEGAL OVERVIEW 1 INTRODUCTION 2 A SNAPSHOT OF CANADA 3 FOREIGN INVESTMENT IN CANADA 4 BUSINESS STRUCTURES 5 SECURITIES 6 REAL ESTATE 7 INCOME AND SALES TAXES 8 IMMIGRATION 9 LABOUR AND EMPLOYMENT 10 INTELLECTUAL PROPERTY 11 PRIVACY 11 CIVIL/COMMERCIAL LITIGATION 11 ALTERNATIVE DISPUTE RESOLUTION 12 INSOLVENCY AND RESTRUCTURING DOING BUSINESS IN CANADA: A LEGAL OVERVIEW TABLE OF CONTENTS © TORKIN MANES LLP 2012INTRODUCTION DOING BUSINESS IN CANADA: A LEGAL OVERVIEW 1 Canada has always been a great place for non-Canadians to do business.

    Filed under:
    Canada, Arbitration & ADR, Capital Markets, Company & Commercial, Corporate Finance/M&A, Employment & Labor, Immigration, Insolvency & Restructuring, Intellectual Property, IT & Data Protection, Litigation, Real Estate, Tax, Torkin Manes LLP
    Location:
    Canada
    Firm:
    Torkin Manes LLP
    Void ab initio: the dangers of insufficient disclosure
    2014-12-22

    While it is common practice in Canada to seek certain emergency orders on an ex parte basis (i.e. where only one party (and not the adversary) appears before a judge), applicants for such orders are held to a high standard of candour with the court.

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Ex parte
    Authors:
    Natalie E. Levine , Monique Sassi
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    Doing business in Canada
    2014-10-22

    doing business in Canada 2 | doing business in Canada Canada is one of the world’s premier locations for business investment. Boasting an exceptional wealth of natural resources, a sound financial system and world-class infrastructure, Canada is known for innovation in a wide range of sectors. And with generous research and development incentives, low corporate tax rates, and easy access to major U.S. markets, Canada is a top destination for foreign companies seeking a foothold in North America.

    Filed under:
    Canada, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Franchising, Immigration, Insolvency & Restructuring, Intellectual Property, IT & Data Protection, Media & Entertainment, Product Regulation & Liability, Real Estate, Tax, Trade & Customs, Gowling WLG
    Location:
    Canada
    Firm:
    Gowling WLG
    Does the federal pension deemed trust outrank a perfected security interest in the context of CCAA proceedings? The Superior Court of Québec weighs in
    2014-04-03

    In the last few years, pension deemed trust issues have been a subject of debate before the courts.

    Filed under:
    Canada, Quebec, Company & Commercial, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Lavery Lawyers, Liquidation, Defined benefit pension plan
    Authors:
    François Parent , Josée Dumoulin , Jean-Yves Simard , Brittany Carson
    Location:
    Canada
    Firm:
    Lavery Lawyers
    B.C. Supreme Court opens the door wider to derivative actions by creditors
    2014-04-23

    Briere Sound Ltd. v. Briere, 2014 BCSC 417 (CanLII), decided March 17, 2014

    Filed under:
    Canada, British Columbia, Company & Commercial, Insolvency & Restructuring, Litigation, Stikeman Elliott LLP, Shareholder, Derivative suit
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    The oppression remedy and fulfilment of directors’ duties
    2014-02-04

    In Susi v. Bourke, 2014 O.J. No. 11

    A Summary

    In Susi v. Bourke, [2014] OJ No 11, the Ontario Superior Court of Justice held that when all of the directors of a corporation fail to comply with their fiduciary duties, none of them can seek a remedy for oppression.

    Filed under:
    Canada, Ontario, Company & Commercial, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Conflict of interest, Bankruptcy, Fiduciary
    Authors:
    Laura Paglia
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Doing business in Alberta 2013
    2013-11-30

    DOING BUSINESS IN ALBERTA
    November 2013
    © Davis LLP 2013 i
    TABLE OF CONTENTS
    A. INTRODUCTION .............................................................................................................................. 1
    B. GOVERNMENT AND LEGAL SYSTEM ......................................................................................... 1
    C. TYPES OF BUSINESS ORGANIZATION ....................................................................................... 2

    Filed under:
    Canada, Alberta, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Franchising, Immigration, Insolvency & Restructuring, Tax, DLA Piper
    Location:
    Canada
    Firm:
    DLA Piper
    Former directors and officers of bankrupt company reach $4.75 million settlement with the Ministry of Environment over cleanup orders
    2013-11-01

    On October 28, 2013, the Ontario Ministry of the Environment (MOE) announced that it had reached a settlement with the former directors and officers of Northstar Aerospace whereby those former directors and officers agreed to pay $4.75 million for costs associated with the remediation of contaminated lands owned by the now-bankrupt company. The Environmental Review Tribunal approved the Minutes of Settlement at the hearing held on October 28.

    Filed under:
    Canada, Ontario, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Public company, Bankruptcy
    Authors:
    Daniel Kirby , Edward A. Sellers , Andrew MacDougall , Jennifer Fairfax , Patrick G. Welsh
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Court of Appeal accepts Ontario jurisdiction despite forum selection clause for Germany
    2013-06-14

    During the spring of 2012, the Canadian Appeals Monitor posted a five-part series on the Supreme Court’s judgments in Van Breda, Black, and

    Filed under:
    Canada, Ontario, Company & Commercial, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Breach of contract, Forum selection clause, Court of Appeal for Ontario
    Authors:
    Carole J. Piovesan
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Sino-Forest: Ontario Court of Appeal upholds superior court decision on “equity claims”
    2012-11-27

    In Re Sino-Forest Corporation1, the Ontario Court of Appeal upheld the interpretation of “equity claims” employed by Justice Morawetz of the Ontario Superior Court of Justice (Commercial List).

    Filed under:
    Canada, Ontario, Company & Commercial, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Shareholder, Class action, Underwriting, Court of Appeal for Ontario
    Authors:
    Virginie Gauthier , Daniel Pearlman
    Location:
    Canada
    Firm:
    Norton Rose Fulbright Canada LLP

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