Dealmakers relieved as appeal court says privileged information can be shared
The unanimous ruling from the three-judge panel overturns a lower court judgment that treated the sharing of such information as a ‘waiver’ of legal privilege March 13, 2018 Dealmakers breathed a huge sigh of relief last week when the Federal Court of Appeal (FCA) gave them the go-ahead to share privileged communications with other parties […]
The current mess of class action carriage motions
Wednesday, April 11, 2018 So, Justice Paul Perell of the Ontario Superior Court of Justice believes that law firms seeking carriage of a class action should hire independent counsel to argue carriage motions. Why? For no less noble a reason than to “introduce an element or at least the appearance of some objectivity,” Perell wrote […]
A look at trends in long-term incentive plans
April 16, 2018 While many employers offer a comparable pension or health benefits plan to all employees, where long-term incentives plans are available they usually vary by employee level. A recent Willis Towers Watson survey of Canadian publicly traded companies with revenues exceeding $2 billion found 100 per cent of these companies’ chief executive officers and […]
You can thank provincial taxes for Canada’s higher overall tax rate
Ottawa’s true rate is cheaper than its U.S. counterpart, so it’s really up to the provinces to help fix our corporate competitiveness issue April 18, 2018 The role of provincial tax rates is frequently lost in the brouhaha over the negative impact that U.S. tax reform will have on the Canadian economy. “The difference in […]
Top 10 business decisions of 2019: From orphan wells to Vavilov trilogy
Friday, February 14, 2020 As the second in our two-part series listing the Top 10 business decisions of 2019, here are the five cases that lead the class, in ascending order. 5. Canada (Commissioner of Competition) v. Vancouver Airport Authority 2019 Comp Trib 6 A focus of intense interest among competition law and scholars, this decision from […]
Don’t get too excited about the latest Canadian law firm rankings
Thursday, April 26, 2018 With a passing glance at Acritas’ Canadian Law Firm Brand Index 2018, many Canadian firms who have resisted the impulse to merge with global giants might just be patting themselves on the back. But the self-congratulation probably shouldn’t go too far, because any euphoria would be a tad hasty and somewhat […]
More waiting could be in store for Nortel pensioners
May 1, 2018 A move by the Financial Services Commission of Ontario to reclaim $200 million from monies allocated to pensioners in the Nortel Networks Corp. bankruptcy could leave their recovery — up in the air since 2009 — in limbo for another four years. In an application filed with the commission, Mark Zigler of […]
Courts taking consumers out of consumer protection
Monday, May 07, 2018 Two recent decisions from B.C. and Ontario have seen consumers getting the wrong end of the stick from the courts. Forjay Management Ltd. v. 0981478 B.C. Ltd. 2018 BCSC 527 is the more egregious of the two, evidencing a judicial disdain from B.C.’s Supreme Court for one of Canadian society’s most pressing […]
A look at Sears’ U.S. pension prospects as Canadian windup ordered
April 30, 2018 Whatever the fate of Sears Holdings Corp.’s operations in the United States, the company’s American pensioners are likely to emerge better off than their Canadian counterparts. Much of that is due to the broad powers available to the Pension Benefit Guaranty Corp., which regulates pensions in the United States. “The PBGC can act […]
A closer look at Ontario political parties’ pension, benefits promises
May 30, 2018 Despite not yet announcing its election platform, Ontario’s Progressive Conservative Party may have the greatest potential for affecting pensions and benefits in Ontario. “The Conservatives’ broad focus on balancing the budget, which may result in their rationalizing OHIP and delisting some services, represents the real impact potential in this election,” says Anneliesje […]