Cross-Border & Canadian Business Blog
Exploring cross-border business opportunities and trends.
As of July 5, 2021, corporations incorporated under Ontario’s Business Corporations Act will no longer be required to have at least 25% of directors be resident Canadians. Effective July 5, 2021, subsection 118(3) of Ontario’s Business Corporations Act (“OBCA”) will be repealed, with the effect that corporations incorporated under, or continued into Ontario under the …
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What happened? The Quebec Government made waves when they tabled Bill 96 – An Act respecting French, the official and common language of Quebec, on May 13, 2021. The bill amends the province’s Charter of the French Language by instituting some broad and significant changes to Quebec’s language laws. Once passed, Bill 96 would affirm …
In Prowse v. Noroozi 2021 ONSC 3099 (CanLII), Justice McCarthy of the Superior Court of Justice recently granted summary judgment for $806,380.59 against a purchaser of a luxury home in King City (the “Property”) in an aborted real estate transaction. The facts in Prowse v. Noroozi are not uncommon. The sellers listed the Property on …
The date a limitation period begins depends on when the claim was discovered. The recent decision of the Ontario Court of Appeal in Kaynes v. BP, PLC clarifies the law of discoverability under the Limitations Act, 2002, S.O. 2002, c. 24 (the “Act”) concerning claims for fraudulent misrepresentation. Overview The defendant, BP PLC (“BP”), is …
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Starting in 1997, the Supreme Court of Canada (“SCC”) has rendered a series of decisions that have progressed from the imposition of a duty of good faith and fair dealing on the employer, at the time of an employee’s dismissal, towards a duty of good faith and fair dealing in the overall employment relationship. In …
Continue reading “Good Faith and Fair Dealing in Canadian Employment Law”
On Monday, April 19, 2021, Canada’s Deputy Prime Minister and Minister of Finance, Chrystia Freeland, released the first official budget in the past two years, titled, Federal Budget 2021: A Recovery Plan for Jobs, Growth, and Resilience (the “Budget”). The Budget proposed over $100 billion in spending, and, among the more significant measures, the Budget proposes extending …
As I mentioned in my previous post, quant and TOBAM funder Yves Choueifaty’s journey towards securing a Canadian patent for his process of constructing “anti-benchmark” securities portfolios has not been easy. But first, a quick detour. Many companies have secured Canadian financial system patents. For example: TD-Bank: 36 patents in block chain, machine learning, recommendations, …
Continue reading “Financial Product Differentiation Using Patents – A Canadian Example (Part 2)”
Lightbulbs, bike gears, corkscrews, drilling rigs, TV towers, computer chips, medicine, and cleaning supplies. That’s the kind of stuff patents are for, right? Patents are only applied-for by those white-coated toilers frowning at lab benches, by those strange tinkerers in their dusty garages, and by those hoody-clad Silicon Valley campus-dwellers carting their chaotic circuit boards, …
Continue reading “Financial Product Differentiation Using Patents – A Canadian Example (Part 1)”
Preservation of property during litigation is dealt with under rule 45 of the Ontario Rules of Civil Procedure. The traditional test under rule 45 was designed for situations where the thing being preserved was the subject of the litigation, such as an asset over which ownership was disputed. This test was not appropriate for all …
Continue reading “Critical Ontario Appeal Decision on Preservation of Property”
Highlights In general, a supplier’s obligation is to ensure the safety of its goods to the end consumer. A supplier does not owe a duty of care to other commercial parties in a supply chain. Courts are reluctant to recognize that commercial parties in a chain of contracts are provided additional rights outside of a …
Continue reading “SUB-PAR CLAIM: FRANCHISEE’S BEEF WITH SUPPLIER LEAVES BAD TASTE”