Articles

Traditionally, recourse under Canadian laws for excessive pricing was limited to provincial consumer protection legislation in a minority of provinces. More recently, however, concern about price gouging in the context of the COVID-19 outbreak has led to renewed interest in excessive pricing regulation and, in Canada’s most populous province, the introduction of new powers under emergency response legislation to address such conduct.

Contracting parties are required to perform their agreed obligations. But what happens when an event takes place beyond the control of one of the contracting parties, such as the current COVID-19 pandemic, that renders a party unable to perform under the contract? This article provides an overview of contractual provisions and common law excuses that may excuse non-performance of a contract in such a situation.

In July 2019, two northern Canadian airlines, First Air and Canadian North, announced that their respective owners had closed the merger of their two operations. The regulatory clearance of the deal under the review provisions of the Canada Transportation Act, despite a negative competitive effects report from the Commissioner of Competition, makes for an interesting case study into how the government weighs public interest issues against competition concerns in certain instances.

Lawyers should be aware of the risks of conducting work from personal electronic devices or accounts, as a number of recent court decisions have demonstrated that executives and advisors may be compelled to produce such communications in the event of a dispute or litigation.

The Ontario Business Corporations Act requires corporations to maintain an updated register of the corporation’s ownership interest in land in Ontario at its registered office. This article discusses the information that must be identified in the register and possible penalties of non-compliance with this requirement.

Cryptocurrencies have gained considerable momentum in Canada and may ultimately mature into a mainstream asset class.3 Accordingly, policymakers ought to consider the implications of Bitcoin and other cryptocurrencies on the Canadian insolvency regime. There is no Canadian jurisprudence or guiding principles dealing directly with cryptocurrencies. However, this paper examines recent American case law, and highlights some of the key issues relevant to insolvency law in Canada.

As many lawyers use the terms "extra-provincial licencing" and "extra-provincial registration" interchangeably, this article explains the differences that corporate practitioners should be aware of.

A discussion of the Canadian Venture Capital and Private Equity Association's H1 2018 VC & PE Canadian Market Overview, including year-to-date trends in venture capital and private equity investment in Canada.

A case summary exploring the Ontario Court of Appeal's position on Section 4 of the Interest Act, specifically pertaining to interest payable by borrowers, in its recently released decision Solar Power Network Inc. v. ClearFlow Energy.

On September 4, 2018, Ontario’s Court of Appeal released its much anticipated decision in the case of Solar Power Network Inc. v. ClearFlow Energy Finance Corp., which provides a clear statement on the legitimacy of using annualizing formulas in commercial financing arrangements.