Category: Corporate law

Court’s approval of remediation agreement yields guidance but raises questions

A remediation agreement sanctioned by Quebec Superior Court, the second in Canada, sheds new guidance and fleshes out principles applicable to the unique regime but also raises concerns over the opaqueness of the process and the relatively hands-off approach by the court.

Quebec enacts new corporate transparency framework

A new Quebec corporate transparency law will compel all private corporations and partnerships to disclose the identity and some information of the beneficial owners.

U.S. authorities target individuals for corporation wrongdoings

Internal investigations are likely going to be more costly and more difficult to conduct for Canadian companies with operations in the United States following a change of policy by the U.S. Department of Justice that will now prioritize the prosecution of individual employees for civil and criminal corporate wrongdoing, according to anti-corruption and white collar criminal defence lawyers.

New investor state dispute settlement mechanism following Canada – European Union trade agreement

A new proposed permanent investment court-like system under the free trade agreement between Canada and the European Union that will replace the controversial ad hoc investor-state dispute settlement arbitration system has drawn mixed reaction from international trade and investment lawyers.

OECD hopes reforms will end era of tax avoidance

An unprecedented international collaboration on tax reform that recently unveiled sweeping plans to crack down on aggressive tax planning by multinational companies has the potential of becoming the biggest shake-up in international tax rules in nearly a century, according to tax professionals.

OSFI exchanges with insurers and financial institutions not confidential

The Quebec Court of Appeal upheld a lower court ruling that could have a chilling effect on the flow and quality of confidential information financial institutions disclose to regulatory authorities, and even potentially undermine the “safety and soundness” of Canada’s financial system, according to business lawyers.

Tough new anti-corruption laws in the horizon

Canadian companies who paid little heed to anti-bribery compliance can no longer afford to be complacent following proposed amendments that will beef up Canada’s anti-corruption laws and bring it somewhat in line with jurisdictions such as the United States and the United Kingdom.

Court orders franchisor to pay $16.4 million to franchisees

Dunkin’ Brands Canada Ltd. was ordered to pay 21 Quebec franchisees $16.4 million for failing to protect its brand in the Quebec market.

Quebec Business Corporations Act in force

Quebec’s legislative framework for companies incorporated in the province, for years practically shunned by the business and legal community, has been revamped, modernized and simplified, drawing praise alike from corporate and commercial lawyers and shareholder activists.

Dodd-Frank Act – Americans mean business

With the passage of the Dodd-Frank Act, the pressure to adopt corporate compliance programs aimed at rooting and avoiding violations of anti-corruption has multiplied.

Legal community craved guidance in real estate dispute

When the Commissioner of Competition recently settled a long-standing abuse of dominance case against the Canadian Real Estate Association, it likely paved the way for a dramatic overhaul in the way that residential property is bought and sold, allowing Canadians to choose services à la carte from real estate agents.