Business Law

A wide range of subjects that touch on the corporate commercial practice, including real estate, competition law, corporate law and governance, and securities

BARE BONES BRIEFS: Cyberattack costs law firm $11 million | OCA: testamentary revocations ineffective against RRIF and RFSA beneficiaries | Companies ignoring law requiring disclosure of Indigenous payments | Dubai’s DEC’s first case | Dellelce gets third honourary doctorate

By Julius Melnitzer | September 18, 2023 CYBERATTACK HITS CONVEYANCING GIANT Simplify, the UK’s largest independent conveyancing and property services group, which embraces six of the largest conveyancing law firms in the UK and handles 250,000 transactions annually, suffered almost $12 million in losses from a cyberattack in 2021 that created a major IT systems […]

New SEC clawback compensation rules impact Canadian issuers

Lynne Lacoursière, Benjamin Iscoe By Julius Melnitzer | July 11, 2023 Canadian companies listed on US stock exchanges are among those affected by new Securities and Exchange Commission listing requirements impacting compensation clawbacks and expected to take effect on October 2, 2023, with compliance mandated within 60 days. The rules require all issuers on US exchanges […]

FCA rejects privilege for end product where claimant fails to show how document reveals legal advice

The danger is that CRA can use end products to reverse engineer legal advice By Julius Melnitzer | April 19, 2023 A recent Federal Court of Appeal decision has done little to assuage the uncertainty as to whether and when legal advice “end product” is subject to solicitor-client privilege. In BMO Nesbitt Burns Inc. v. Canada (National […]

The case for employee ownership trusts

By Julius Melnitzer | March 29, 2023 Tuesday’s federal budget finally provided Canadian businesses with the promise of a vehicle — the employee ownership trust (EOT) — that incentivizes business owners to sell their businesses to their employees. The budget contemplates that rules governing the EOTs will come into effect on January 1, 2024. “EOTs […]

BARE BONES BRIEFS: LSO panel splits on whether Black Lives Matter criticism is professional misconduct | Firm sues ‘underbilling’ associates | Remote lawyering: longer hours: CLIO survey | LSO suspends paralegal who cost clients $500,000 | CTA: compensation for passenger applies to all others on same flight

By Julius Melnitzer | March 8, 2023 IS AGGRESSIVE CRITICISM OF BLACK LIVES MATTER PROFESSIONAL MISCONDUCT? A Law Society Tribunal has split on whether social media posts criticizing Black Lives Matter, Pride Day and public health mask mandates amounted to professional misconduct. Lisa Simone, who was applying for a paralegal license, admitted the posts were […]

‘We’re starting to see activity again’: Legal dealmakers show measured optimism after slow 2022

Energy sector is high on the perceived opportunity list By Julius Melnitzer | February 6, 2023 Canada’s top M&A lawyers are taking a measured approach to 2023 after a sharp decline in deal count in 2022, when activity pulled back from unsustainable levels reached during the pandemic. “We’re starting to see activity again as people […]

Top 10 business law decisions of 2022, Part II – – – and the law firm players

By Julius Melnitzer | January 19, 2023 This is the second of our annual two-part series ranking the top 10 business law decisions of the just-ended year. The first part featured cases ranked 6-10, while this article highlights the top five cases in ascending order. 5. Peace River Hydro Partners v. Petrowest Corp. (SCC) In […]

Top 10 business decisions of 2022, Part I – – – and the law firm players

By Julius Melnitzer | January 18, 2023 What follows is the first part of our third annual list of the Top 10 business decisions in Canada for the just-ended year. This is a two-part series, which begins below with numbers 6-10, in ascending order. Read Part I here. 10. Nova Chemicals Corp. v. Dow Chemical […]

Cryptocurrency fraud remedies available but enforcement difficult in Ontario

Enforcing civil remedies for crypto fraud is at least 50 percent of the problem, says Lou Brzezinski By Julius Melnitzer | January 4, 2023 As the investment hub of one of the most crypto-obsessed countries in the world, Ontario will need appropriate legal remedies to deal with the currency’s problems, evidenced most recently by the […]

OCA refuses to extend intrusion upon seclusion liability to hacked commercial database holders

Craig Lockwood says the trilogy did not diminish privacy interests By Julius Melnitzer | December 19, 2022 The lawyer for one of the plaintiffs involved in the Ontario Court of Appeal’s recent refusal to expand the tort of intrusion upon seclusion to defendants who fail to adequately protect personal information collected and stored for commercial purposes […]

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