Businesses sometimes advertise that their products and services are bigger, faster and better than their leading competitors’. How far can they go with these comparative claims before they run afoul of the false and misleading advertising provisions of Canada’s Competition Act? The Ontario Superior Court has shed fresh light on this question. It illustrates that before making any advertising claims, especially comparative claims, the advertiser must:
Do you have a memorandum of understanding, a letter of intent, or some other “agreement to agree” with a supplier, a customer, an adviser, a partner, a potential purchaser, or some other business party? If you do, then you need to understand when such an agreement binds you legally because the Court is finding that some terms in some agreements to agree are “binding” while others are not.
How many wills do I need? On the surface, it might seem like a simple question but the answer can be anything but. Depending on the circumstances, you may not need a will at all; one will would be sufficient, or multiple wills could be in order. While the decision would be based largely on one’s circumstances, personal preferences could come into play as well.
If you want to be sure that you, and only you, have the legal right to use your important trademark or brand identities such as your company’s name, and the names of its goods and services, be certain that those brands are registered as trademarks. Otherwise, you may be stopped from using them by someone who had previously registered them as a trademark, or by someone who had previously established a reputation using the same name or a very similar one.
Co-Authored by Paul Pimentel Recent changes to regulations governing anti-money laundering (AML) requirements are likely to increase the cost and burden of compliance for financial institutions, insurance companies, real estate developers, and many others subject to the AML regime.
New federal laws setting strict rules – and huge penalties if they are broken – for businesses reaching out to customers through e-mail, text messages, social media, voicemail and other electronic means, will come in to force later this year or in 2014. They will make it much more difficult for businesses to initiate electronic communications with their clients.
Article By: Dennis Tobin As business activity in the third quarter of 2013 starts to gain momentum, the volume on the quiet evolution of the business corporation as an explicit force for creating public benefits is ramping up as well.
Earlier this year, Blaney McMurtry partner Henry J. Chang briefed the readers of Blaneys on Business on the need for global Canadian corporations that interact with public officials in foreign jurisdictions to operate rigorous anti-corruption compliance programs under Canada’s Corruption of Foreign Pubic Officials Act (the “CFPOA”). Earlier this summer, Parliament enacted new provisions to clarify and strengthen the CFPOA. In this article, Mr. Chang describes the new provisions and what they mean for Canadian businesses.
Article By: Dennis Tobin
The Supreme Court of Canada, in a decision that has implications for borrowers and lenders alike, particularly where pension funds are involved, has raised some new hurdles for the country’s banks and their business customers and, at the same time, has bolstered protection for lenders of last resort who finance insolvent companies.
A recent decision of the Supreme Court of British Columbia contains a critical caution for lenders – know and understand the terms of your contracts and their implications completely, and be sure to comply with those terms strictly. If you do not, you may discover, the hard and expensive way, through litigation, that what you agreed to was not, in fact, what you intended.
A recent decision of the Ontario Court of Appeal serves as a reminder to subordinate lenders looking to take control over the sale of a property in a mortgage enforcement scenario that a partial cure of a default will not be enough to bring a mortgage into good standing.
You own a business. You operate from rented premises. You work hard, take the risks, take the lumps, and have a successful enterprise. One day, for whatever reason, you may want to sell. Are you going to realize full value? Maybe not. You may find that your lease stands in the way. If it does, now is the time to ensure that it will contain a reasonable balance between your interests and your landlord’s so that you can realize full value if and when the time comes to sell your business.
A “new” Ontario Mining Act1 comes into full force April 1, 2013. The last time the Mining Act had a major overhaul, famed American gangster Bugsy Siegel was a newborn and Sir Wilfrid Laurier was Prime Minister of Canada. The year was 1906.
It has become increasingly clear that Canadian multinationals whose global operations intersect with foreign governments and agencies have a vital interest in establishing rigorous anti-corruption compliance programs and implementing them with strict discipline. In this article, Blaney McMurtry partner Henry J. Chang discusses why, who is most at risk, what these programs should contain, and what benefits they confer.
Corporate social responsibility (CSR) and the resulting ‘social licence’ that its faithful exercise can deliver is becoming as basic to the needs of ore mining, oil and gas, forestry, fishery and other resource-based businesses as extraction licences and permits. Complacency and sloppy (or non-existent) CSR planning and practice have cost corporations dearly in project delays and interruptions, profitability and reputation.
Co-written by Brian Lau Canadian issuers with significant business operations in emerging markets are coming under increased scrutiny by market regulators here. In the last 12 months, the Ontario Securities Commission (OSC) and the two major Canadian stock exchanges have published three papers on the adequacy of regulations governing emerging-market issuers.
Followers of the U.S. political scene have heard the term “small business owner” used endlessly in the last several months. The concept, however, is not unique to the United States, as many Canadians own small businesses too, and the “small business deduction” is one of the foremost tax planning tools available to Canadian companies. While the small business deduction is understandably popular, prudence in its use is strongly advised, for what you hope for is not necessarily what you always get.
Parties to a contract (or one party to a contract) may discover that the contract they signed and filed away in their desks does not accurately reflect the deal into which they thought they had entered. This can lead to a significant dispute when steps are taken by one party to enforce a provision that the other does not believe accurately reflects the original intention of the parties.
Co-authored by Nailah Gordon-Decicieo Canada and China have signed a Foreign Investment Promotion and Protection Agreement (FIPA) intended to increase direct investment in both countries. Canada was scheduled to ratify the agreement some time in November. It was to take effect one month after ratification by both countries.