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

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BARE BONES BRIEFS: U.K. leaves GDPR; Mortgage broker licensing requirements exemptions; Arbitration & the pandemic; EAPO launches pharmaceutical register

By Julius Melnitzer | March 16, 2021 U.K. abandons GDPR U.K. culture secretary Oliver Dowden says the country will strike its own data adequacy agreements with other countries. Although the U.K. has already secured such an agreement, still in draft, with the EU, it does not intend to “copy and paste” the EU’s rulebook, known […]

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Top 10 business decisions of 2020 part two: From termination and tax to good-faith contracts

By Julius Melnitzer | March 12, 2020 This is the second of a two-part series listing the Top 10 Business Decisions in Canada for 2020. The first part dealt with cases ranked 6-10. This article ranks the top five in ascending order. 5. Waksdale v. Swegon North America Inc. 2020 ONCA 391 Ultimately, Waksdale stands for the proposition that […]

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Anticompetitive regulatory risk on the rise: COVID’s role

By Julius Melnitzer | March 2, 2021 COVID-19 and its economic aftermath have cast a dark shadow of regulatory risk on businesses coping with Canada’s competition laws. There are two reasons: the first is that regulatory enforcement of corporate laws tends to be at its highest in bad times; the second is that that our […]

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Top 10 business decisions of 2020 part one: From pipelines to anti-SLAPP

Thursday, February 25, 2021 @ 8:29 AM | By Julius Melnitzer What follows is our second 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. British Columbia (Attorney General) v. Canada (Attorney General) 2020 SCC 1 It’s […]

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GameStop: regulators’ dalliances are putting Canadian investors at risk

February 17, 2021 | Julius Melnitzer The GameStop short squeeze highlights just how much the deck is stacked against Canadian retail investors, says Russell Starr, CEO of Vancouver-based Trillium Gold Mines Inc. and co-founder of Echelon Wealth Partners Inc. “With WallStreetBets involved, there’s finally some insight into the extent to which our markets favour hedgers,” […]

Debt & disease: As opportunism overcame COVID-19 concerns, companies raised record debt financings in 2020

January 29, 2021 | By Julius Melnitzer FP Dealmakers: With most of the pre-funding and stockpiling done in 2020, executives see a quieter year ahead Resiliency was the name of the game as opportunism overcame fear in Canada’s corporate debt capital markets in 2020. Even as COVID-19 ravaged the globe, many companies, motivated no doubt […]

After the pandemic, business risk rises: RiskMap 21

January 26, 2021 | By Julius Melnitzer Businesses’ full throttle on financial recovery and growth at pandemic’s end could mask heightened compliance and risk issues, according to a leading forecaster of global business risks. “Legal teams and compliance officers must ensure the critical issues they oversee retain prominence, when so much focus at senior levels […]

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Shareholders’ agreements: best weapon to fight corporate oppression

January 4, 2020 | By Julius Melnitzer If there’s doubt in anyone’s mind about the superior protection shareholders’ agreements provide for aggrieved investors, the Ontario Superior Court’s decision in Murray v. Pier 21 makes the case in spades. “We frequently get pushback from clients who say that they have perfect relationships with the other shareholders, […]

Does the Competition Bureau have Canada’s grocers in its sights?

November 30, 2020 | By Julius Melnitzer Canada’s Competition Bureau may be seeking new authority to curb major grocers’ inordinate bargaining power with their suppliers. In a speech to the Canadian Federation of Independent Grocers (CFIG) last Wednesday, Commissioner of Competition Matthew Boswell referenced the current debate over the need for a code of conduct […]

What to expect from Canada’s new privacy legislation

November 15, 2020 | By Julius Melnitzer The feds are tabling new privacy legislation on Monday. The proposed statutes are the Consumer Privacy Protection Act (CPPA) and the Personal Information and Data Protection Tribunal Act (PIDPTA). Although there’s no concrete information available about the proposed laws’ contents, privacy expert David Young of David Young Law […]

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