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    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
    Critical supplier priority charges in CCAA restructurings
    2012-11-09

    Companies restructuring under the Companies’ Creditors Arrangement Act (“CCAA”) depend on a supply of critical products and services in order to continue operations during the proceedings. An interruption in the supply of such goods and services would likely be fatal to any restructuring. Prior to 2009, the CCAA was silent about how the post-filing supply of such goods and services was to be obtained. The CCAA provided only that a supplier could not be forced to supply on credit.

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Credit (finance), Debtor, Supply chain
    Authors:
    Marc Wasserman , Patrick Riesterer , David Rosenblat
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Doing business in British Columbia 2012
    2012-10-12

    Except where otherwise noted, this paper is current as of September, 2011 and provides preliminary information on Canadian and British Columbia legal matters to assist you in establishing a business in British Columbia and provides general guidance only.

    Filed under:
    Canada, British Columbia, Banking, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Environment & Climate Change, Franchising, Immigration, Insolvency & Restructuring, Tax, DLA Piper
    Location:
    Canada
    Firm:
    DLA Piper

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