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Ho Ho Ho: Fun Facts about Statutory Holidays in BC – The one about Boxing Day may surprise you!

Nov 30, 2016

‘Tis the season to be jolly.  ‘Tis also the season for employers to struggle with the intricacies of statutory holidays and related pay.  This year, Christmas Day falls on a Sunday, Boxing Day Monday, and New Years’ Day the following Sunday.  Here are some points to remember about employee entitlements under the British Columbia Employment Standards Act.

Can you contract out of the Limitation of Liability Convention? A cautionary tale

Nov 29, 2016

The English Supreme Court recently dealt with whether parties to a contract involving the use of a vessel can, and did, exclude the application of the Convention on Limitation of Liability for Maritime Claims 1976 (the “Convention”), or as some of our non-maritime legal colleagues have called it, the “Permission to be as Negligent as You want Convention”.  

Fairness Opinion Flare-Up

Oct 27, 2016

It is generally considered advisable for a board or special committee of a public corporation involved in a significant M&A transaction, including a court-approved plan of arrangement, to seek a fairness opinion from its independent financial advisor.

Dolly Varden Decision to Allow a Private Placement in the Face of a Takeover Bid Confined to its Facts

Oct 26, 2016

The British Columbia Securities Commission and the Ontario Securities Commission (the “Commissions”) have released their reasons for their July 25, 2016 joint order permitting Dolly Varden Silver Corp. (“Dolly Varden”) to effect a private placement in the face of a takeover bid by Hecla Mining Co. (“Hecla”). 

TSX Publishes Guidance on Pricing Offerings

Oct 17, 2016

The Toronto Stock Exchange (the “TSX”) has published a staff notice offering guidance on the pricing of public offerings and private placements by issuers in possession of material undisclosed information. While the staff notice codifies current unwritten practice for those financings that are announced concurrently with an acquisition (the “Pricing Exception”), it clarifies limitations on the Pricing Exception and introduces an additional requirement.

Changes to Principal Residence Rules

Oct 7, 2016

On October 3, 2016, the Minister of Finance tabled a Notice of Ways and Means Motion to amend the principal residence exemption rules in the Income Tax Act (Canada).  These amendments not only, as advertised, restrict the ability of non-residents to claim the principal residence exemption, but also restrict the ability of certain trusts to do so, and eliminate the Canada Revenue Agency’s policy of not requiring taxpayers to report dispositions of principal residences in certain circumstances.

B.C. Court of Appeal Confirms the Scope of Quality Assurance Protection in the Evidence Act

Oct 6, 2016

B.C. Court of Appeal confirms the scope of quality assurance protection pursuant to section 51 of the Evidence Act: records produced while investigating a physician’s professional conduct at a hospital are barred from production in legal proceedings even if those records are not ultimately produced before or submitted to a quality assurance hospital committee as long as they are produced for the purposes set out in section 51