Cross-Border & Canadian Business Blog
Exploring cross-border business opportunities and trends.
On April 20, 2023, the Toronto Stock Exchange (the “TSX”) adopted, and the OSC provided its notice of approval for, certain amendments (the “Amendments”) to more clearly define the factors that the TSX will now consider when determining whether a prospectus offering is a bona fide public offering or a private placement offering. The Amendments …
Continue reading “TSX Amends Rules for Pricing of Public Offerings”
In recent years, brick-and-mortar businesses faced hardship with government shutdowns forcing them to pay expenses without revenue. Desperate for relief, tenants sought court help but were consistently denied and required to pay rent regardless. Refer to my previous column for more on this matter. Though it may appear that landlords emerged as winners when tenants …
Business owners often use a strategy to protect their assets from potential creditors seeking to realize on their debts. To protect themselves, business owners can transfer ownership of property to family members or create other legal structures to shield assets. However, these strategies (often referred to as “creditor-proofing”) are subject to scrutiny under legislation like …
When parties enter into a transactional contract, they are free to enter into a payment plan agreement for outstanding debt owed under the contract. However, the payment plan itself does not necessarily mean that the parties have entered into a new binding contract. Such was the case in Songbird Life Sciences Inc. v. Connectus Services …
Continue reading “A Payment Plan Does Not Equal a New Contract”
This column was originally published by Daniel Waldman on the Real Estate News Exchange (Renx.ca). At the beginning of the year, a new statute was introduced to address housing supply woes for Canadian citizens. However, after a few short months, the legislation has inadvertently sunk a number of development and real estate investment deals and …
Health Canada determined that Texas-based LE-VEL BRANDS, LLC (“Le-Vel”), broke the law by selling its weight loss products to Canadians without seeking product licenses for their natural health products. The products had been distributed in Canada for some time, and Health Canada had flagged no health concerns. In deciding to issue a stop-sale order, Health Canada relied upon …
Continue reading “U.S. Marketing Materials Can and Will Be Used Against You in a Canadian Court”
The Ontario Court of Appeal (the “Court”) recently released three decisions in class actions about expanding on the tort of intrusion upon seclusion. The Court limited the tort’s application, particularly concerning parties who do not commit the “intrusion.” This is consistent with other recent Ontario decisions, including another appeal decision in a class action recently …
Continue reading “A Bridge Too Far: Liability in Ontario for “Intrusion Upon Seclusion” Limited”
This column was originally published by Daniel Waldman on the Real Estate News Exchange (Renx.ca). In the latest attempt to curb the price of residential real estate in Canada, Parliament has introduced a new statute aimed at making housing more affordable and accessible to Canadians. The Prohibition on the Purchase of Residential Property by Non-Canadians Act, S.C. …
If you ask most lawyers and potential litigants which issue causes them to lose the most sleep at night, the answer will most often be missing a limitation period. After all, no matter how much money is at stake in a lawsuit or no matter how egregious the facts are if a claim is not …
Continue reading “Two New Decisions Shed Light on When Claims Can (and Cannot) Be Commenced”
New for 2023 Effective January 1, 2023, private companies incorporated in Ontario must establish and maintain a Register of individuals with significant control (“ISCs”). Significant Control means a direct or indirect interest in a significant number of corporation shares. Significant Number means shares carrying 25% or more of all voting rights or 25% or more …