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

Top 10 business decisions of 2023, Part II – and the Law Firm Players

By Julius Melnitzer | January 23, 2024 What follows is Part II of Law360 Canada’s annual list of the country’s Top 10 business decisions ranking cases 1-5 in ascending order. Part I, which ranked cases 6-10, was published earlier. 5. Markowich v. Lundin Mining Corporation; Peters v. SNC-Lavalin Group Inc. (ONCA) These sister cases represent the Ontario Court of […]

Top 10 business decisions of 2023, Part I – and the law firm players

By Julius Melnitzer | January 15, 2024 What follows is Law360 Canada’s 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. 10. Benjamin Moore & Co v. Canada (Attorney General) In this case, the first time […]

BARE BONES BRIEFS: No kidding: $50 million counsel fee ruled “excessive” in $23 billion class action | CEO mismanagement is grounds for tax relief: FC | M&A activity lowest in decade | PE activity slows to pre-pandemic levels: Blakes | COVID inventory losses not insured: OCA

By Julius Melnitzer | January 7, 2024 FEDERAL COURT SLASHES $50 MILLION COUNSEL FEE Justice Mandy Aylen of the Federal Court of Canada has denied approval of a $50 million fee sought by Sotos LLP; Kugler Kandestin LLP; Miller Titerle+ Co.; Nahwegahbow, Corbiere; and Fasken Martineau Dumoulin LLP, class counsel in the $23 billion settlement […]

Law Firm Primer For Articling Students and New Associates – Part Eight: The Chief Marketing Officer

By Murray Gottheil | December 27, 2023 Photo by Helena Lopes at Pixels Those of you who have been following this series know said that Part Seven was the final article in the series. It turns out that I lied. The purpose of the series is to set out the questions which articling students and new […]

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 […]

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