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CBA Business Law Section

CBA Business Law Section articles are published by the Business Law Section. Members interested in posting articles are encouraged to send them to the Section at: CBABusinesslaw@cba.org

Today
Today

Weed in the workplace: A primer for employer action

  • June 15, 2018
  • Tamara Ticoll

Legalized marijuana is coming to Canada, and it’s important that employers be ready to deal with what could be a new workplace reality. Tamara Ticoll of Stikeman Elliott has outlined some key action items.

Business Law

Health Canada releases first look at cannabis packaging regulations

  • June 15, 2018
  • Christelle Gedeon, Barbara Miller, and Ryan Schnier

Prospective cannabis producers got their first look in March at the packaging and labelling regulations that will govern the new industry once the Cannabis Act is passed. Christelle Gedeon, Barbara Miller and Ryan Schnier of Fasken take a look.

Business Law

What the Cannabis Act will mean for travel to the U.S.

  • June 15, 2018
  • Veronica K. Choy

The United States’ broad-reaching Immigration and Nationality Act will create difficulties and confusion for Canadians crossing the border after the Cannabis Act is passed, likely this summer, writes Veronica K. Choy, of Miller Thomson in Calgary.

Business Law

B.C.’s bitumen blockade: Selected legal options available

  • March 26, 2018
  • Peter W. Hogg, Dalton W. McGrath and Michael O'Brien

Recently, the Government of British Columbia announced it is considering a series of proposed measures to restrict the shipment of diluted bitumen from Alberta oilsands operations by rail or pipelines, setting the stage for a constitutional dispute.

Business Law

Remaining countries conclude the CPTPP Agreement

  • March 26, 2018
  • Daniel Hohnstein, Jennifer Radford and Greg Tereposky

On Jan. 23, the eleven remaining members of the Trans-Pacific Partnership agreement announced the conclusion of their discussions on a revised free trade agreement.

Business Law

Eco Oro: OSC trumps TSX, shows willingness to unwind transactions

  • March 12, 2018
  • Daniel Everall, Liam Tracey-Raymont and Jonathan Yantzi

On June 16, 2017, the OSC released the reasons for its April, 2017 order which reversed a tactical private placement in the context of a proxy contest involving Eco Oro Minerals Corp.1 The OSC’s reasons unpacked its determination to overturn a decision of the TSX and cease trade certain recently issued Eco Oro shares.

Business Law

Requisitioned meeting breaks deadlock

  • January 11, 2018
  • Gary Sollis and Daniel McElroy

A deadlocked board of directors, talk of a “public flogging,” and a court reluctant to intervene. The case of Goldstein v McGrath is a colourful recent example of a requisitioned public company shareholders’ meeting, with the twist that the requisitioning shareholders were represented by or aligned with three of the company’s six directors.

Business Law

When a company can’t refuse a requisition of a meeting of shareholders

  • January 11, 2018
  • Mark Wilson

In November 2016, the Superior Court of Justice (Ontario) issued its reasons in Koh v Ellipsiz Communications Ltd., 2016 ONSC 7345. In its decision, the court affirmed a company's refusal of a requisition for a meeting of shareholders under the Business Corporations Act (Ontario) on the grounds that the requisition was being made to redress a personal grievance.

‘Net benefit’ threshold raised on foreign investment in Canada

  • January 11, 2018
  • Sandy Walker

Foreign buyers of Canadian businesses are less likely to require approval from the Minister of Innovation, Science and Economic Development under the “net benefit to Canada” test as a result of increases in the review thresholds this year.

Business Law