With social media, the number of defamation cases has increased. What is defamation? In a nutshell, it means that someone has written something about you that jeopardizes your reputation. Take the following example: “The restaurant at “X” is terrible, and I encountered food poisoning last time I was there”. Suppose the owner of the restaurant …
Ontario Updates Director Residency Requirements
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 Effective July 5, 2021, subsection 118(3) of Ontario’s Business Corporations Act (“OBCA”) will be repealed, with the effect that corporations incorporated under, or continued into Ontario under the …
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Discoverability and Fraudulent Misrepresentation
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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Limitation Periods
Given the ongoing pandemic, many purchasers are unable to pay their vendors for products they received. Many vendors have tried their best to accommodate these purchasers by delaying payment dates or entering into payment plans. But what happens if the purchaser never pays? How much time does the vendor have to sue the purchaser for …
Canada Sanctions Belarusian Officials for ‘Gross and Systematic Human Rights Violations’
On September 29, 2020, the Government of Canada imposed sanctions on several officials representing the Government of Belarus under the Special Economic Measures Act (SEMA), including Belarusian President Aleksandr Grigoryevich Lukashenko. According to Government Affairs Canada, the sanctions are part of a broader diplomatic effort in the wake of “a systematic campaign of repression and …
UPDATED: Ontario Court of Appeal Sends Employers Back to the Drafting Table … AGAIN!
On June 17, 2020, the Court of Appeal for Ontario released its decision in Waksdale v. Swegon North America Inc., (“Waksdale”) 2020 ONCA 391, delivering a seismic victory for employees, upending decades of practice in drafting employment agreements, and sending companies scrambling to bring their agreements into compliance with the new reality. Drafting Employment Contracts before Waksdale …
An IPO or an RTO, That is the Question
On January 3, 2019, the Financial Post reported that 54 new equity issues on four Canadian exchanges raised a total of $2.2 billion dollars in all of 2018, approximately less than half of the $5.1 billion generated from the 37 initial public offerings (“IPOs”) in 2017. According to Go Public in Canada, between the two …
The Top Trends in Cross-Border M&A: What to Watch For
In the first half of 2018, according to a report by PWC Canada, mergers and acquisitions (“M&A”) activity in Canada hit $93 billion. This is largely attributable to increased activity in the cannabis, technology, real estate and energy sectors. This trend is likely to continue for the rest of the year despite the current climate …
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What are The First Steps to Set Up a Business in Canada?
For many American or foreign businesses, the idea of setting up operations in Canada often evokes one of two very different reactions. Often, Canada is viewed by Americans as the fifty-first state (albeit a large and cold one); while others view their northern neighbour as very much a foreign country with foreign laws. The truth …
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About our Blog
Hello and welcome to our Dickinson Wright Canada-U.S. Business Law Blog. We are very happy to be launching this business and legal resource for leaders and managers with Canadian or cross-border legal interests. Before I dive into what this blog is all about, let me introduce Dickinson Wright Canada and myself. I’m the Managing Partner …