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Articles by McBurney LP
New Year, New Details: Canadian Regulations Banning Foreign Home Buyers Released
On December 21, 2022, the Canadian federal government released the Prohibition on the Purchase of Residential Property by Non-Canadians Regulations (the “Regulations”)[1] made pursuant to Section 8 of the recently enacted Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”).[2] The Act prohibits the purchase of residential real estate by non-residents, directly or indirectly, for a two-year period beginning January 1, 2023.
OEB Staff Provide Guidance About Continuing Customer Eligibility for ICI Program After CDM Reduces Customer Demand
On December 19, 2022, Ontario Energy Board staff (OEB staff) issued a bulletin titled Administering the Industrial Conservation Initiative – Continued Class A Status for Consumers who Implement Conservation Measures. The bulletin provides guidance to Ontario electricity distributors (LDCs) and consumers about when consumers can continue to qualify for the Industrial Conservation Incentive (ICI) even where their average monthly demand falls below the eligibility threshold.
‘Tech-ing’ Stock of 2022 - A Synopsis of Key Developments in Canadian Technology Law
2022 has been bittersweet for many reasons. Corporate workforces trudged back into office buildings after hunkering down at home for more than two years. The COVID-19 pandemic does not feel like a permanent tenant in our lives anymore, despite lurking in the corner. The world is seeing vestiges of the “old normal,” even as the “new normal” intermittently rears its head. Stock markets tumbled as inflation soared. The Ukraine war rubbed salt on recovering economies’ wounds.
On April 7, 2022 (“Budget Day”), Finance Minister Chrystia Freeland delivered Canada’s budget for 2022 (“Budget 2022”). Budget 2022 continues the trend established in Budget 2021 by adding significant spending initiatives, closing additional perceived tax loopholes and continuing to implement international tax measures.
Peng Shuai Returns - But Is She Free?
In a previous post, we discussed the events which led to the sports community’s use of the hashtag #WhereIsPengShuai. To quickly recap, on November 2, 2021, Peng Shuai released a statement on the Chinese social media platform Weibo, which detailed allegations of sexual assault against former Vice-Premier Zhang Gaoli, who was the face of the organizing effort for the recent Beijing Olympics.
2021 Year in Review: Top Labour and Employment Trends
Aird & Berlis LLP’s Workplace Law Group recently presented its “2021 Year in Review: Top Labour and Employment Trends” webinar, which focused on vaccination policies, emergency government leave provisions and the Ontario government’s recent announcements with respect to non-competition clauses and the right to disconnect.
The First Step to Protecting Your Brand in Canada | Lexology
Canada
November 13 2020 Establishing and protecting your brand and goodwill is crucial to your success as you expand into Canada. One of the most important first steps is to register your trademarks with the Canadian Intellectual Property Office (CIPO). I) Benefits of a Registration Unregistered trademarks offer limited protection. Canadian law protects your rights in unregistered trademarks at common law, but only in a limited way.
Federal Government Introduces Economic Measures Responding to COVID-19 Pandemic | Lexology
On March 18, 2020, the federal government announced a series of economic measures intended to help stabilize the economy and provide support to Canadian individuals and businesses in dealing with the COVID-19 pandemic. While some of these measures have not yet been enacted into law and may be subject to change, the federal government has provided a general outline of the measures that it intends to implement.
Personal use and cultivation of cannabis in Ontario | Lexology
Use the Lexology Getting The Deal Through tool to compare the answers in this article with those from other jurisdictions. Personal use and cultivation Possession and consumption What rules and restrictions govern the personal possession and consumption of cannabis in your jurisdiction? The federal Cannabis Act (the Federal Act) legalised recreational cannabis in Canada on 17 October 2018.
Financing for cannabis businesses in Ontario | Lexology
Use the Lexology Getting The Deal Through tool to compare the answers in this article with those from other jurisdictions. Financing Private What private financing options are available for cannabis businesses in your jurisdiction, and what are their respective advantages and disadvantages?
Medical cannabis in Ontario | Lexology
Use the Lexology Getting The Deal Through tool to compare the answers in this article with those from other jurisdictions. Medical cannabis Medical use Which medical conditions qualify for treatment with cannabis products? What other rules and restrictions govern medical use of cannabis (eg, dosage limits)? The regulation of medical cannabis falls under the exclusive jurisdiction of the federal Cannabis Act and the Cannabis Regulations made under it.
Commercial cannabis cultivation, retail and marketing in Ontario | Lexology
Use the Lexology Getting The Deal Through tool to compare the answers in this article with those from other jurisdictions. Commercial cultivation, retail and marketing Business licensing requirements What licensing requirements apply to businesses seeking to cultivate, distribute, produce and sell cannabis products in your jurisdiction? What procedures, timeframes and fees apply in this regard, and on what grounds can a licence be revoked?
Legal Tech and the Changing Legal Services Industry - April 11 2018 | Lexology
A. Quote of the Week “Don’t assume that automation or new technology is the answer. You may achieve great efficiencies by improving the processes, realigning tasks, streamlining workflow, and providing training.” (Ivy Grey) 1.
Supreme Court of Canada Holds Promise of Utility Doctrine Incongruent with Patent Act
AstraZeneca Canada Inc. et al. v. Apotex Inc. et al., 2017 SCC 36 On appeal from a judgment of the Federal Court of Appeal (2015 FCA 158) affirming a decision of Rennie J. (2014 FC 638) AstraZeneca applied for the 2,139,653 patent (“the ‘653 patent”) which claimed the optically pure salts of esomeprazole, a proton pump inhibitor used in the reduction of gastric acid, reflux esophagitis and related maladies.
Interest Rates: Why It Is in Everyone's Interest to Pay Close Attention
In Canada, there are a number of consumer protection regulations which encourage transparency by lenders when it comes to disclosing the cost of borrowing. Such regulations are intended to balance any real or perceived inequities between savvy financial institutions and borrowers. This article explores Section 4 of the Interest Act (Canada)2 ("Section 4") and describes how lenders can protect themselves from inadvertently taking a "haircut" on pricing.
Ontario Repeals Bulk Sales Act
A century ago, Ontario drafted legislation to protect unpaid creditors from their debtors selling assets in bulk outside of the ordinary course of business. Over the years, with the introduction of other, more efficient creditor protection legislation, the business community began to consider bulk sales legislation to be an inefficient and outdated means of protection and it became more of a source of frustration, creating additional cost and risk with limited return.
Government of Canada Successful in Eli Lilly NAFTA Patent Arbitration
The NAFTA Arbitration Tribunal in the Eli Lilly “Promise of the Patent” doctrine proceeding has issued a ruling, and it appears that the result is not a good one for Eli Lilly. The proceeding was brought in 2013 by Eli Lilly under Chapter 11 of NAFTA, claiming damages arising from patents relating to atomoxetine (StratteraTM) and olanzapine (ZyprexaTM) that were invalidated by the Canadian courts.
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