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

Supreme Court set to hear Nevsun Resources case on Eritrea human rights abuses

One result may be that customary international law may be made to apply to companies as well as countries December 27, 2018 The future of the Canadian resource industry hangs in the balance as the Supreme Court of Canada prepares to hear a high-profile case accusing Canadian miner Nevsun Resources Ltd. of human rights abuses […]

UK clarifies scope of privilege

Decision of Court of Appeal allays concerns about narrowing scope of professional privilege Nov 27, 2018 A RECENT DECISION of England and Wales’s Court of Appeal has allayed concerns about the narrowing scope of professional privilege afforded to legal advice in the United Kingdom. The decision in Director of the Serious Fraud Office (SFO) v. Eurasian Natural Resources Corporation (ENRC), released […]

Feds toughen, expand list of integrity regime offences

Friday, January 11, 2019 The federal government’s changes to the integrity regime, which came into force on Jan. 1, 2019 to help ensure it does business with ethical suppliers in Canada and abroad, could well be a wake-up call for business. “In the last five years, there’s been a sense of complacency in the online […]

Saskatchewan to adopt super-priority for deemed trusts

January 23, 2019 Saskatchewan will soon be the latest jurisdiction to adopt an enhanced priority for deemed trusts created by its pension benefits legislation. The Pension Benefits Act establishes a deemed trust for amounts contributed by both employers and employees. Bill 151, which amends the province’s Personal Property Security Act, will create a super-priority for […]

From record highs to crisis lows, volatility takes toll on debt markets

On the bright side, Canada is developing a broader and deeper hybrid market Canadian issuer activity in debt capital markets last year turned out to be nothing less than a tale of two halves: a record first half, followed by the slowest second half since the financial crisis. “H1 was busy, the summer was the […]

Issues that keep boards awake at night

25 Feb 2019 With proxy season looming, Canadian public issuers are taking their usual rear-view mirror peek at last year’s developments in corporate governance and disclosure, all with a view to ensuring that boards are properly prepared to meet shareholders’ expectations and demands. And, increasingly, dealing with these issues becomes more daunting. “On the one […]

All that glitters is not gold

Bitcoin and other cryptoassets may be today’s darling, but regulators are struggling to keep up with their evolution, including how to apply tax law to them Feb 14, 2019 If the sudden demise in the price of Bitcoin — from almost US$20,000 in late 2017 to about $3,600 in early January 2019, erasing some $200 […]

Top 10 Business Decisions of 2018

Canadian courts delivered a number of notable decisions that affected Canadian business in 2018, including the Federal Court of Appeal overturning Tsleil-Waututh Nation v. Canada (Attorney General) Feb 14, 2019 While six of Lexpert’s top 10 business decisions from Canadian appellate courts and administrative tribunals in 2018 came out arguably in favour of the business community, that trend […]

$20-million judgment overturned

The Ontario Court of Appeal has overturned a summary judgment for $20 million based on a criminal conviction for fraud over $5,000. 25 Mar 2019 The Ontario Court of Appeal has overturned a summary judgment for $20 million based on a criminal conviction for fraud over $5,000. “The case cried out for scrutiny,” says Doug Cunningham […]

Driving Innovation

Technology aimed at lawyers continues to change the way law is practised as those with deep subject-matter expertise recognize there’s a better way to service clients Mar 14, 2019 Berating the legal profession as lacking in innovative drive — particularly when it comes to technology — verges on the fashionable. But fashion passes, frequently into […]

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