Business Law - McMillan LLP

MCMILLAN LLP – AN AWARD-WINNING BUSINESS, CORPORATE AND COMMERCIAL LAW FIRM

Never has the Canadian business landscape been as dynamic or competitive — nor has the global economy been as precarious. With these factors front of mind, smart enterprises of all sizes recognize the need for an agile, skilled and trustworthy business law firm to navigate regulatory complexities and help forge a successful path forward.

McMillan’s Business Law Group is the trusted legal counsel of a wide range of Canadian businesses and corporations and works closely with international players conducting business in Canada. Our award-winning lawyers have the industry-specific expertise and client service excellence you’re looking for in a Canadian business law firm.

Whether a multi-billion dollar corporation, a startup seeking first-mover advantage, a business looking to outsource operations, or a charity navigating NPO laws while carrying out your mission, McMillan’s legal professionals are equipped to provide your organization with pragmatic guidance and leadership.

Our clients know they can count on McMillan’s experience and expertise in corporate and commercial law to give them real advantages in the incorporation, establishment and growth of their businesses. McMillan designs and implements tax-efficient business structures that protect our clients’ interests while recognizing opportunities. Our business lawyers also collaborate with the firm’s employment and labour relations, real estate, intellectual property, regulatory issues and business immigration specialists to ensure a well-rounded service.

Clients looking to develop effective outsourcing strategies and draft binding business outsourcing agreements are well served by McMillan’s outsourcing law specialists. We bring together experts in contracting, licensing, intellectual property, taxation, privacy and other areas to deliver a complete solution that meets each client’s unique business goals. We have assisted companies that are seeking to outsource — as well as outsourcing providers — with joint ventures, strategic alliances and outsourcing arrangements.

We also work with charities and not-for-profit organizations and have extensive experience with NPO law to help organizations meet their unique operational challenges and craft a strong legal foundation to build upon. McMillan’s charity lawyers specialise in tax law as it applies to the not-for-profit sector and understand the regulatory framework and business challenges charities face.

McMillan’s Business Law Group helps clients lead by:

Assisting in setting up corporate structures that will enable them to achieve their business objectives securely and with minimum liability;
Drafting agreements to ensure relationships with suppliers, distributors, customers and licensees are clear and enforceable;
Working diligently to ensure your most valuable business assets, such as intellectual property, are protected through appropriate agreements with employees, contractors and licensees;
Providing timely, practical and accessible advice concerning the day-to-day matters affecting your business;
Advising on incorporation/organization and obtaining charitable status;
Advising on the structuring relationships between multiple business owners, including shareholder agreements and partnership agreements;
Advising on relevant Canadian and international regulatory requirements;
Developing and implementing outsourcing strategies and business outsourcing agreements focused on mitigating risk.

No matter the stage of your business or charitable organization or the unique challenges you face, McMillan is the right choice of business law firm.

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Primary Contacts

View All Contacts

J. R. Beaudrie

Partner, Business Law | Mergers & Acquisitions

Toronto

jr.beaudrie@mcmillan.ca Phone

416.307.4229

Sandra M. Knowler

Partner, Business Law | Mergers & Acquisitions

Vancouver

sandra.knowler@mcmillan.ca Phone

604.893.2334

Greg McIlwain

Partner, Business Law | Mergers & Acquisitions

Calgary

greg.mcilwain@mcmillan.ca Phone

403.231.8375

Tom Theodorakis

Partner, Business Law | Forest Products | Mining

Vancouver

tom.theodorakis@mcmillan.ca Phone

604.691.7492

Enda Wong

Partner, Mergers & Acquisitions | Private Equity & Venture Capital

Montréal

enda.wong@mcmillan.ca Phone

514.987.5034

Deals and Cases

Insights (222 Posts)

Structuring Private Equity Real Estate Funds in Canada

This bulletin provides an overview of structuring private equity real estate funds in Canada.

Sep 6, 2022

Avoiding the Perils of a Connected World: New Best Practices for Risk Mitigation

Recently announced updated guidance from the Canadian Center for Cyber Security provides new and important considerations for business activity.

Aug 31, 2022

Are First Nation Shared Decision-Making and Collaboration Agreements Being Used Illegally?

What do non-treaty agreements mean for people or companies that may be affected by them.

Aug 9, 2022

Kicking the Habit: The Federal Court of Canada Nixes the “Problem-Solution” Approach – Again

The Federal Court puts an end to the “Problem-Solution” Approach of analyzing patent applications - again. Read more about the Court's decision here.

Jul 18, 2022

Protecting International Brands: Bad Faith Filing Leads to Expungement of Trademark Registration

A trademark registration in Canada is invalid if the application for registration was filed in bad faith.

Jul 6, 2022

June 28, 2024 – CDOR will be no more

CDOR to cease being published after June 28, 2024; Term CORRA to be potentially created; market participants need to prepare for end of CDOR now.

Jun 21, 2022

Venture Capital Funding for Start-ups and Emerging Companies

Government of Canada's request-for-proposal for the Venture Capital Catalyst Initiative, providing $450 million in funds to the venture capital sector.

Jun 15, 2022

The Anti-Racism Data Act

BC Government passed the Anti-Racism Data Act to safely collect demographic information to address gaps in BC programs and services.

Jun 15, 2022

Bill 96: How changes to French language legislation will impact your Business Practices and Documentation

This webinar discusses the newly passed Bill 96 and its impacts on the day-to-day operations on companies doing business in Québec or otherwise interacting with Québec counterparties.

Details

Tuesday, June 21, 2022

Canada Poised to Increase Regulation of Forced Labour in Supply Chains

Developments in Canadian regulation of forced labour in supply chains and their potential impacts on Canadian businesses

Jun 7, 2022

Bill 96 – Dates To Remember And Top Five (5) Take-Aways From The Amendment Process

Québec adopted Bill 96, a reform of Québec’s language laws in the province will come into force June 1, 2022. Here are the main changes and a timeline.

May 30, 2022

Significant Changes Coming to Canada’s Competition Act

The Canadian federal government has introduced a series of significant changes to Canada's Competition Act.

May 3, 2022

Propsharing and Fractional Real Estate Investing

Propsharing and Fractional Real Estate Investing in Canada

Apr 19, 2022

No Discovery Before Leave in Secondary Market Securities Actions

The Court in Kwong v. iAnthus denied a plaintiff's request for documentary discovery before he obtained leave to bring a secondary market securities action.

Apr 18, 2022

Latitude Check: Federal Court Finds that a Line of Latitude is a Place of Origin

The Federal Court confirms that a line of latitude or longitude can be considered a "place of origin" under the Trademarks Act.

Apr 5, 2022

First Reported Decision Under New Brunswick’s Franchises Act on Disclosure Document Fatal Flaws

Alphataho Inc., et al v Maaco Canada Partnership LP, et al, is the first reported decision under New Brunswick's Franchises Act on disclosure fatal flaws.

Apr 1, 2022

Practice Update: CIPO Provides Guidance on the Meaning of “Due Care”

CIPO recently issued determinations regarding the meaning of "due care". Are your internal practices in-line with CIPO's determinations?

Mar 30, 2022

Technology Webinar Series Part Three | Head in the Clouds: Understanding Cloud Agreements

In this session, we will discuss some of the legal benefits and risks for both a service provider and a customer to move into the cloud by diving into some of the key provisions which you would expect to see in a cloud agreement and an analysis of the practical considerations which a business should keep in mind when considering offering or accessing cloud services.

Details

Wednesday, May 11, 2022

Technology Webinar Series Part Two | Service Levels in Tech Services Contracts: The Good, The Bad & The Ugly

In this session, we will provide a deeper dive into the critical considerations in negotiating service level agreements for IT services contracts. We’ll examine essential service level and service level credit contract terms as well as some that can be controversial and also highlight negotiation tips for those that are most contentious between customers and service providers.

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Wednesday, March 2, 2022

Practical Considerations of Simple Agreements for Future Equity or “SAFEs” in Canada

An overview of how Simple Agreements for Future Equity or “SAFEs” work including pros & cons for Canadian companies considering SAFEs for early stage financing.

Feb 1, 2022

PropTech: Property Technology, the New Frontier in Real Property, Part 3: Challenges

In this bulletin, we discuss the risks and challenges of using PropTech by businesses in the real estate space and for consumers of such products.

Jan 18, 2022

Plan for the Ban: Our New Year’s Update of Single-Use Plastics Bans Across Canada

This bulletin provides an updated summary of the current state of single-use plastics legislation across Canada.

Jan 18, 2022

Mandatory COVID-19 Vaccination Policy Upheld

An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.

Jan 12, 2022

Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols

A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.

Jan 12, 2022

PropTech: Property Technology, the New Frontier in Real Property, Part 2: Benefits

In this bulletin, we discuss the benefits of using PropTech for businesses in the real estate space and for consumers of such products.

Jan 11, 2022

PropTech: Property Technology, the New Frontier in Real Property, Part 1: Introduction

In this 3-part series, we explain the concept of PropTech, highlight its benefits and outline associated risks.

Jan 11, 2022

Use of Laudatory Terms in Trademarks: An Overview for the Beverages Sector

A business may be tempted to choose a trademark that at least in part simply lauds the quality of its goods and services. Think twice before proceeding.

Jan 5, 2022

Forecast 2022: Expected Changes to the Canadian Patent Rules

The Canadian patent system is expected to adopt the practices of "excess claims fees" and "request for continued examination". Is your business ready?

Jan 4, 2022

Transport Canada Releases Updated Guidelines for Testing Automated Driving Systems

Transport Canada released the Guidelines for Testing Automated Driving Systems in Canada Version 2.0 to replace its previous 2018 guidelines.

Dec 21, 2021

Smartphone Apps Beware – Babylon Health investigation provides insight into compliance with Alberta privacy laws

Key takeaways from the Office of the Information and Privacy Commissioner of Alberta (OIPC)s report re: investigation of the Babylon by Telus Health app.

Dec 15, 2021

Pilot Well-Known Seasoned Issuer Program Announced

Canadian securities regulators announce pilot program permitting a "well-known seasoned issuer" to streamline the filing of a base shelf prospectus process.

Dec 13, 2021

Urgent Cybersecurity Alert Regarding Apache Log4j

Canada’s Minister of National Defence has issued a statement regarding a recently identified critical vulnerability in the Apache Log4j logging product.

Dec 13, 2021

Natural Health Products: Product Licensing Requirements in Canada

The Federal Court of Appeal decision of C-RNA provides further guidance on the level of information required of applicants seeking NHP licenses in Canada.

Dec 6, 2021

New Requirements Proposed for Private Ontario Corporations to Maintain Register of Individuals With “Significant Control”

Bill 43 proposes to amend the OBCA to require corporations to prepare and maintain a register of individuals with "significant control" over such corporations.

Nov 18, 2021

A Tale of [NORSTEEL in] Two Cities

The recent decision in Norsteel Building Systems Ltd. v. Toti Holdings Inc. highlights the importance of trademark clearance searching for businesses.

Nov 10, 2021

Privacy Commissioner Releases More Guidance for Video Teleconferencing Companies

Video teleconferencing companies face unique cybersecurity and data privacy risks. The OPC has new guidance on how these companies can best address them.

Nov 3, 2021

Bill 64 Enacted: Québec’s Modern Privacy Regime

An in-depth analysis of Quebec's 2021 modernization of its private-sector privacy legislation.

Oct 15, 2021

Can Canada and China still learn from each other? Balancing Research Partnerships, National Security and Economic Competitiveness

In this webinar, we will explore how international research partnerships have become tangled in the complex web of national security and economic competitiveness.

Details

Monday, October 18, 2021

Do’s And Don’ts of Technology Services Contracts

Join us on Wednesday, October 27, 2021, for part one of a three part webinar series where we will provide some strategic pointers on how to handle various issues that often come up when negotiating technology services contracts.

Details

Wednesday, October 27, 2021

Ontario Not-For-Profit Corporations Act To Come In Force. What Do We Do Now?

The Ontario Not-for-Profit Corporations Act, 2010 is set to come into force on October 19, 2021, bringing forward changes for not-for-profit corporations.

Sep 7, 2021

Canadian Copyright Consultation on Artificial Intelligence — The Precipice of a New Copyright Era

An overview of the Government of Canada's consultation on the modernization of the Copyright Act as it pertains to artificial intelligence.

Aug 16, 2021

Canadian Copyright Consultation on the Internet of Things — Rights to Repair and Interoperability

An overview of the Government of Canada's consultation on the modernization of the Copyright Act as it pertains to the right to repair and interoperability.

Aug 16, 2021

Canada’s new mandatory 100% ZEV target is a rapid charge forward.
What we think this announcement means for OEMs, Canadian industry, and more

Canada has announced a mandatory 2035 target for 100% ZEV sales. McMillan and McMillan Vantage Policy Group share what this may mean for OEMs, industry and more.

Jul 12, 2021

Is Private Sector Privacy Legislation Looming in Ontario?

Ontario government seeks input on privacy policy proposals, signaling that Ontario private sector privacy legislation may be on the horizon

Jul 5, 2021

Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act or the Criminal Code of Canada?

Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act Criminal Code of Canada?

Jun 15, 2021

Another Franchisor Freshly Squeezed by Material Deficiencies in its Disclosure Document

The Court in Freshly Squeezed applied the Raibex test to determine what deficiencies in disclosure entitle a
franchisee to the two-year rescission remedy.

Jun 14, 2021

No Damages for Minor Stress and Inconvenience: Quebec Court Dismisses Data Breach Class Action

In March, the Québec Superior Court released a rare decision in which it dismissed a privacy class action on the merits.

Jun 9, 2021

Canadian Privacy Commissioners Issue Joint Guidance on Vaccine Passports

Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months

May 25, 2021

BILL 96 – Top 10 Impacts of the Revised Charter of the French Language on your Business and When to Expect Implementation of Such Revisions

Changes to Québec’s language laws are coming. Here is a top ten list of potential impacts, and the likely timeline and process for adoption.

May 19, 2021

The Canadian Capital Market is Psyched: An Update on the Growing Wave in the Psychedelics Industry

This bulletin provides an overview of the regulations surrounding psychedelics in Canada and psychedelics companies in the Canadian capital markets.

May 12, 2021

iAnthus Decision Changes the Landscape for Corporate Plans of Arrangement under the BCBCA by Permitting Third-Party Releases

The iAnthus decision affirmed by the Court of Appeal holds that a British Columbia company can use the BCBCA to restructure and obtain 3rd party releases.

Feb 23, 2021

Big Brother’s Access Limited – Canadian Privacy Commissioners Rule Clearview AI’s Facial Recognition Tool in Breach of Canadian Privacy Laws

Privacy Commissioners find Clearview AI's use of facial recognition software on images it scraped from the Internet to be in breach of privacy laws.

Feb 17, 2021

Emerging Competition & Data Privacy Issues for Real Estate Organizations

Changes to Canada’s privacy laws, developments with low-commission brokerages and changes to short-term rental regulations will impact real estate associations.

Feb 2, 2021

When COVID met MAE in the Ordinary Course: Ontario Court Orders Buyer to Complete its M&A Transaction

The recent decision of the Ontario Superior Court of Justice in Fairstone Financial Holdings Inc. v Duo Bank of Canada has established an important precedent for the interpretation of material adverse effect clauses and covenants to carry on business in the ordinary course, both of which are common features of M&A transaction agreements.

Jan 13, 2021

Ontario Declares New State of Emergency and Public Health Restrictions

The Government of Ontario declared a new provincial State of Emergency and additional public health measures restricting business activities.

Jan 12, 2021

Facility Image Programs: Disruption Brings Opportunities

Generally speaking, automotive OEMs, their independently owned dealerships and ultimate consumers all expect new vehicles to be sold from clean, attractive and modern facilities.

Jan 11, 2021

You should have said something: Supreme Court of Canada Holds That Failure to Correct a Mistaken Belief Violated the Duty of Honest Contractual Performance

The authors discuss the Supreme Court of Canada's recent decision in C.M. Callow Inc. v. Tammy Zollinger et. al. regarding the duty of faith.

Dec 23, 2020

Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?

There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?

Dec 23, 2020

Key Considerations in Preparing for a Corporate Sale or M&A Transaction

Please join McMillan LLP, BDO Canada, and Novacap for a broad ranging panel discussion on the business, financial and legal steps you can take in advance to lay the ground work for a value-maximizing corporate sale.

Details

December 9, 2020 - 11:00 am to 12:00 pm EST

B.C. Technology Sector Makes the Grade – But Not Yet Top of the Class

In November 2020, KPMG released the B.C Tech Report Card 2020. The Report Card outlined the current state of the British Columbia technology sector.

Dec 2, 2020

Oil and Gas Sector Consolidation Invites Competition Bureau Reviews

With the recent surge in M&A activity in the oil and gas sector, the Competition Bureau may call on industry participants to investigate some of these deals.

Nov 17, 2020

SCC Holds Section 12 Charter Protection Against “Cruel or Unusual Treatment or Punishment” Not Applicable to Corporations

Summary of the recent Supreme Court of Canada decision of Quebec (Attorney General) v. 9147-0732 Québec inc. and implications on corporate liability.

Nov 10, 2020

LGBTQ2+ Inclusion Making Meaningful Connections and Activating Allyship

We can't tell someone's sexual orientation or gender identity by looking at them, so the language we use to describe our identities has always been important and somewhat complex.

Details

November 5, 2020 - 12:30 pm to 1:30 pm ET

Corporate Counsel CPD/CLE Webinar Series: Building Personal and Professional Resilience for Everyone

In the wake of this global pandemic, building personal and professional resilience is (or should be) at the top of your “to-do” list.

Details

October 28, 2020 - 12:30 pm to 1:30 pm ET

Corporate Counsel CPD Webinar Series: LGBTQ2+ Inclusion: Making Meaningful Connections and Activating Allyship

We can't tell someone's sexual orientation or gender identity by looking at them, so the language we use to describe our identities has always been important and somewhat complex.

Oct 22, 2020

Buyer Beware! Waiving Past Service Isn’t Possible under Employment Standards Legislation

Purchasers in commercial transactions are not entitled to contract out of their Employment Standards Act obligations for an employee's prior service.

Oct 16, 2020

Disclose This – The Offering Memorandum Exemption Gets a Revamp – CSA Propose Additional Requirements with a focus on Real Estate Issuers and Collective Investment Vehicles

Proposed amendments to the OM Exemption may have major impacts on issuers engaged in real estate activities or considered collective investment vehicles

Oct 14, 2020

Canada’s New Cybersecurity Certification Goes Live

The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats

Oct 13, 2020

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Oct 6, 2020

Cross-Country Check-In: COVID-19 and the Environment

Canada's governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of COVID-19 to lessen the burden on businesses.

Sep 10, 2020

Confidentiality Considerations When Choosing a Jurisdiction of Incorporation in Canada

Aug 21, 2020

The Uncertain Consequences of Waiving Consequential Damages in M&A Agreements

This bulletin discusses issues with the use of the term "consequential damages" in exclusion clauses and limitation of liability clauses.

Aug 21, 2020

Alberta’s Recovery Plan and its Bedrock: The Energy Sector

Government of Alberta announces plan to spur economic recovery of the energy sector.

Aug 5, 2020

Ontario Amends Employment Standards Legislation in Response to COVID-19

Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.

Aug 5, 2020

Alberta’s New Liability Management Framework: A Teaser of What’s Coming

Government of Alberta announces changes to the regulatory regime that governs oil and gas liabilities.

Aug 4, 2020

Thinking About Real Estate in Canada? Practical Considerations for Structuring a Private REIT

Jul 30, 2020

July 24, 2020 Update Cross-Country Check-In: COVID-19 and the Environment

Canada's governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of COVID-19 to lessen the burden on businesses.

Jul 24, 2020

Bill 64: Modernizing Québec’s Privacy Regime

Bill 64: Modernizing Québec's Privacy Regime

Jul 23, 2020

Psychedelics and Canada’s Regulatory Landscape

A primer on the emerging psychedelics industry and how it fits into Canada's legal framework.

Jul 10, 2020

Alberta’s Recovery Plan: Invest Alberta and the Invest Alberta Corporation

Overview of Alberta's Recovery Plan announced June 29, 2020 and the new Invest Alberta

Jul 8, 2020

Federal Court Defends CASL, Says Prohibition on Spam is Constitutional

he FCA ruled that CASL's provisions relating to the regulation of commercial electronic messages are constitutional, despite challenge from CompuFinder

Jul 1, 2020

Ontario Small Businesses Get a New Ride on the Digital Main Street

Review of the Ontario Digital Main Street initiative and new funding introduced by the government to assist businesses pivoting to an ecommerce business model.

Jun 24, 2020

Material Adverse Effect Clauses in a COVID-19 World

Review and analysis of recent developments where parties try to rely on MAE clauses as a mechanism to avoid closing a transaction.

Jun 23, 2020

Making B.C. an Emerging Economy Leader

Review of the BC Emerging Economy Task Force Report and how BC companies can position themselves to take advantage of the emerging economy of the future.

Jun 23, 2020

A New Look for Corporate Social Responsibility: British Columbia Introduces the Benefit Company

An introduction to the new "benefit company" structure being introduced to the British Columbia Business Corporations Act.

Jun 5, 2020

Making Innovation Work for British Columbia

Analysis and guidance on how BC companies can benefit from the BC Innovation Commissioner's recommendations and help make BC a technology powerhouse.

Jun 3, 2020

Charities and Not-for-profit Corporations – AGM Challenges and Solutions During COVID-19 Outbreak

Guidance to non-share capital corporations and charities on how to address upcoming membership meetings in light of COVID-19 social distancing restrictions.

May 18, 2020

9 Things You Should Do Right Now to Protect Your Franchise System During the COVID-19 Pandemic

Tips to help franchisors mitigate risks that may result from the COVID-19 pandemic and how to prepare for future emergency business interruptions

May 13, 2020

Privacy Commissioner Releases Tips for Secure Videoconferencing

It goes without saying that organizations’ use of videoconferencing is at an all-time high as many businesses have converted to remote work.

May 5, 2020

May 1 Update: COVID 19: Temporary Relief of Corporate Requirements for Shareholder and Director Meetings

The provinces and federal government provide temporary measures to ease corporate compliance with legislative requirements and facilitate decision-making.

May 1, 2020

The Transport Finance Law Review – Edition 6

The Transport Finance Law Review is intended to provide the industry with a guide to transport finance today globally.

Apr 29, 2020

Federal Government Relief Programs for Small and Medium Enterprises

Apr 24, 2020

Update – British Columbia Business Corporations Act Transparency Register Requirements Extended to October 1, 2020

Update To The New Transparency Requirements: Private Companies in British Columbia Now Required To Collect And Disclose Shareholder Information

Apr 20, 2020

Combatting Civil Fraud Against Businesses in the Age of COVID-19

Fraud is a fact of business life and is increasing during COVID-19. Businesses can take steps to maximize the chances of civil asset recovery.

Apr 18, 2020

The Impact of COVID-19 on Agribusiness – Business and Legal Considerations

In addition to the adverse impact to public health and the public healthcare system, the COVID-19 pandemic is causing severe economic hardship to western Canada.

Apr 7, 2020

Caught by Release: Franchisees Can’t Have Their Cake and Eat It Too

New Vision Renaissance MX Ltd. v. The Symposium Café Inc confirms that Ontario Courts will uphold appropriately crafted releases given by franchisees.

Mar 30, 2020

COVID-19: Alberta Government Announces List of Essential Services

Alberta's Government has published lists of essential services and non-essential places of business not permitted to
offer or provide services to the public.

Mar 29, 2020

COVID-19: New Emergency Rules for Operating Businesses in BC: How to Comply with BC’s “Essential Business” and Public Health Orders

This bulletin discusses how to keep your business open by complying with BC government emergency orders and public health orders during the COVID-19 pandemic.

Mar 27, 2020

COVID-19: The Importance of the Written Word

Since the outbreak of the COVID-19 pandemic, the situation has evolved rapidly, and the extent of the legal and economic consequences for businesses and their operations remains uncertain.

Mar 26, 2020

COVID-19: “Essential” Information About the Consequences of Continuing to Operate a “Non-Essential Business” in Ontario and Québec

An outline of the potential consequences to continuing to operate a business ordered to close by the governments of Quebec and Ontario.

Mar 25, 2020

Unbearable Lite-ness: Lenders’ Remedies in the Age of Missing Covenants

The author discusses the recent trend toward borrower-friendly loan documents and the remedies available to lenders in Canada.

Mar 23, 2020

Managing Supply Chain Disruptions: The Importance of Force Majeure and Dispute Resolution Clauses

As the impact of COVID-19 becomes more severe, companies must pay close attention to "boilerplate" provisions in their contracts dealing with force majeure.

Mar 19, 2020

Shedding “Light” on a New Privacy Tort

An Ontario court has recently recognized the privacy tort of "false light publicity".

Mar 3, 2020

The Supreme Court of Canada Will Revisit the Duty of Good Faith Six Years After Bhasin

The authors discuss two appeals to the Supreme Court of Canada regarding the scope and nature of the contratual duty of good faith.

Jan 31, 2020

New Transparency Requirements: Private Companies in British Columbia Now Required to Collect and Disclose Shareholder Information

Amendments to British Columbia Business Corporations Act require all privately held companies to maintain transparency registers of all significant individuals.

Jan 31, 2020

New Year, New Laws? Canada Sets its Privacy Law Resolutions

A number of recent developments suggest that momentum for significant reform to Canadian privacy and data protection laws is building.

Jan 28, 2020

“Can I Tell You Something in Confidence?” Legal Privilege in M&A Transactions

The authors discuss challenges to maintaining legal privilege in M&A transactions. Parties in Ontario can learn from the experience of other jurisdictions.

Jan 22, 2020

Keepin’ It “Real”: OPC Finds that PIPEDA Applies to Foreign-Incorporated Business

Keepin' It "Real": OPC Finds that PIPEDA Applies to Foreign-Incorporated Business

Jan 15, 2020

Contact Information Posted on Websites Not Necessarily Up for Grabs

Investigation findings of the Office of the Privacy Commissioner highlight issues surrounding the use of personal contact information posted on websites

Dec 19, 2019

Amendments to the CCAA, BIA and CBCA Now in Force

Authors discuss changes in 2019 to Canadian corporate and restructuring statutes and their possible implications for insolvency practice in Canada

Nov 19, 2019

Top of the Class: New Cybersecurity Program to Certify Privacy-Minded Businesses

The federal government has launched a new cybersecurity certification program aimed at helping small and medium-sized businesses protect against cyber threats.

Aug 14, 2019

Don’t Count Your Efficiencies Before They Hatch: Exploring The Factors That Impact A Railway’s Operating Ratio

Canadian Pacific Railway (“CP”) has significantly reduced its operating ratio in the past few years.

Jul 22, 2019

Investment with Borders: Restrictions on Foreign Investment in U.S. Businesses Under Trump Administration

Investment with Borders: Restrictions on Foreign Investment in U.S. Businesses Under Trump Administration.

Details

June 21, 2019 - 12:00 pm to 1:30 pm EST

The Next Phase of Canadian Cannabis: What to Expect in 2019 and Beyond

On June 14, 2019, Health Canada unveiled its Final Regulations for New Cannabis Products

Jun 21, 2019

Regulation of CBD in the United States – Balancing Public Safety and Social Considerations with Industry Expectations and Consumer Demand

CBD (cannabidiol) is currently an industry hot topic.

Jun 16, 2019

TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019

On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.

Jun 4, 2019

Shocking U.S. “Loot Box” Bill Should Surprise No One: The Video Game Industry Under Attack

Video games are big business: from the latest blockbuster, an indie hit, a mobile time-passer for your transit ride, or a packed esports arena with massive online viewership, there’s good money in creating engaging and immersive entertainment products.

May 27, 2019

Canadian Corporate & Restructuring Legislation: Changes Could be on the Way

Bill C-97 (the “Bill”) was introduced in Parliament to implement the federal budget tabled by the Liberal government on March 19, 2019.

May 10, 2019

The Transport Finance Law Review – Edition 5

Canadian transportation policy is continuously evolving

May 10, 2019

Getting the Deal Through (Canada Chapter) – Private Equity 2019 – Transactions

A wide range of private equity transactions is common in Canada, including going-private transactions, private investments in public companies and private company buyouts.

May 2, 2019

Canadian Transportation Agency rules on Vancouver rail embargoes in first own motion investigation

The Canadian Transportation Agency (Agency) has issued a Determination (see the Agency’s corresponding announcement here) following its investigation into freight rail service in the Vancouver area.

Apr 16, 2019

Regulations Implementing theTransportation Modernization Act

On April 1, 2019, the Canadian Transportation Agency (“Agency”) announced the publication of proposed regulations (the “Proposed Regulations”) in the Canada Gazette to implement certain aspects of the Transportation Modernization Act (Bill C-49) (“TMA”).

Apr 11, 2019

Banking Regulation 2019

Banks in Canada have been continuously recognized as amongst the soundest and safest across the globe.

Mar 28, 2019

How Are CBD Products Regulated Under Canadian Cannabis Law?

In the wake of Canada’s initial legalization of cannabis for adult recreational use, a number of impactful global regulatory changes and discussions have followed.

Mar 13, 2019

Consent Unnecessary to Disclose Credit File to Statistics Canada

A recent OPC investigation highlights the need to proceed with caution when asked to disclose personal information to a government institution.

Dec 30, 2018

Ontario Clarifies Cannabis Retail Rules

The government proclaimed the Cannabis License Regulations on November 14, 2018, clarifying some of the anticipated ownership restrictions on private retailers

Nov 20, 2018

“Acting Jointly or in Concert” – Lack of Clarification and Guidance has Created Unnecessary Legal Wrangling, Particularly in Contested Transactions; A New Path Forward is Needed

As a finding of "joint actor" or "acting jointly or in concert" can result in significant obligations, we have published a paper that seeks to provide clarity

Sep 24, 2018

Revocation of the “Northwestern Exemption”

On August 15, 2018, the CSA announced that certain regulatory authorities will be revoking their registration exemptions that form the "Northwestern Exemption".

Aug 29, 2018

The Alberta Securities Commission Expands Prospectus Exemptions for Distributions Outside Alberta

The ASC has updated ASC Rule 72-501 Distributions to Purchasers Outside Alberta and its companion policy to facilitate cross-border investment.

Aug 22, 2018

CSA Publishes Results of Continuous Disclosure Reviews

The CSA published Staff Notice 51-355, summarizing a review of reporting issuers' continuous disclosure and highlights deficiencies and best practices.

Aug 21, 2018

Safe Food for Canadians Regulations: Food for Thought for Canadian Businesses

The SFCR - proactive response to threats to food safety, evolving consumer preferences, supply chains and prevention-focused international food safety standards

Jul 24, 2018

A $250,000 Reminder that “CASL” is Not Just an Anti-Spam Law

July, 2018, the CRTC announced it took enforcement action against Datablocks and Sunlight Media - the first time action is taken under Canada's "Anti-Spam Law"

Jul 16, 2018

Mastering the Fall Recruit & Beyond

McMillan LLP is pleased to host a session for law students who will be participating in the Fall Recruitment.

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July 12, 2018 - 4:45 pm

B.C. Government Unveils Trio of Cannabis Bills for Provincial Cannabis Regulation

British Columbia's provincial government unveiled its draft legislation on the regulation and implementation of non-medical (consumer) cannabis in the province.

May 23, 2018

Amending the Canada Business Corporations Act– Bill C-25 Receives Royal Assent

Amendments will amend requirements regarding the election of directors, make mandatory certain diversity disclosure and impact shareholder communications for federally-regulated public companies

May 9, 2018

Banking Regulation 2018 – 5th Edition

global financial crisis has led to significant regulatory changes (most notably in the areas of liquidity and capital) designed to reduce the risk of another global financial crisis occurring

Apr 24, 2018

An Update on CSA Policy Initiatives to Reduce Regulatory Burden for Reporting Issuers

Apr 17, 2018

Practicing Safe Text: Drafting Tips from the Stormy Daniels NDA

Stormy Daniels launches complaint asking a California court to find the NDA invalid and confirm she was free to speak publicly about an alleged 2006 sexual affair with Mr. Trump

Mar 22, 2018

In Aurora, Securities Regulators Affirm the New Take-over Bid Regime and Signal that Exemptive Relief under the New Regime will Prove to be Difficult and that Tactical Shareholder Rights Plans may be Extinct

The OSC and the FCAAS released their reasons for the orders granted concerning the hostile take-over bid by Aurora Cannabis Inc. for CanniMed Therapeutics Inc.

Mar 20, 2018

B.C.’s Budding Industry: Provincial Government Announces New Key Policy Decisions on Cannabis

BC government announced policy decisions on the regulation of consumer cannabis. Each province to determine how cannabis will be distributed and sold in their jurisdictions

Feb 19, 2018

Seller Beware: The Dangers of Sales Language

Winning a bid dangerous when materials use exaggerated hyperbolic language and contain injudicious claims to performance suitability reliability and functionality of goods or services offered

Jan 19, 2018

Ransomware and its Spawns

Nov 29, 2017

Protection of Inventions Related to the Marijuana Industry

Nov 9, 2017

Canada/China Patent Prosecution Highway Program: Three Years in Brief

Nov 8, 2017

CSA Publishes Review of Disclosure of Women on Boards and in Executive Officer Positions

Nov 7, 2017

Foreign Corruption: Canada Makes “Facilitation Payments” Illegal

Foreign Corruption: Canada Makes "Facilitation Payments" Illegal

Oct 31, 2017

Cybercrime Insurance Coverage Caselaw: Welcome to Canada?

Aug 21, 2017

Banking Regulation – 4th Edition

Global Legal Insights - Banking Regulation

Jun 22, 2017

Change is in the Airwaves: CRTC Expands the Wireless Code of Conduct

Jun 20, 2017

Regulatory Reset for Reports of Canadian Private Placements Last revised in June 2016, regulators are taking another kick at Form 45-106F1

Regulatory Reset for Reports of Canadian Private Placements

Jun 15, 2017

Bill C-49: Some Welcome Improvements to Rail Service Level Arbitration

Jun 13, 2017

CASL Private Right of Action Delayed; Enforcement by CRTC Continues

Jun 7, 2017

Changing Workplaces Review Final Report – Who Must Bargain with Franchise Employees?

May 29, 2017

Canada’s House of Commons Rejects Mandatory Labeling of Genetically Modified Foods

Canada's House of Commons Rejects Mandatory Labeling of Genetically Modified Foods

May 29, 2017

Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act

Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act

May 16, 2017

Bullet Proofing Your Board

Please join us for a discussion with McMillan D & O liability experts Markus Koehnen and Leila Rafi. Drawing on practical examples from real contracts and cases, they will discuss how, why and when Boards get into trouble and give you techniques to keep Boards out of trouble.

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May 10, 2017 - 12:00 pm to 1:30

The Minister of Transport Confirms Rail Legislation Coming in Spring Session

The Minister of Transport, Marc Garneau, has addressed a letter to the Chair of the Standing Committee on Transport, Infrastructure and Communities (“SCOTIC”) that confirms the government is on track to table remedial rail legislation in the House of Commons during the spring legislative session.

Apr 1, 2017

And then there were none; Ontario has repealed the Bulk Sales Act

Mar 27, 2017

The Concerns with Social Media use by Reporting Issuers in Canada

Mar 15, 2017

Are You Ready for CASL’s Private Right of Action?

Are You Ready for CASL's Private Right of Action?

Jan 30, 2017

Appealing the Arbitrator: A New Avenue of Appeal in British Columbia

Jan 28, 2017

No Changes to Arrangements: Alberta Court of Appeal Upholds Directors’ Choice of Transaction Structure in Merger of Marquee Energy Ltd. and Alberta Oilsands Inc.

No Changes to Arrangements: Alberta Court of Appeal Upholds Directors' Choice of Transaction Structure in Merger of Marquee Energy Ltd. and Alberta Oilsands Inc.

Jan 6, 2017

Now in Force: Ontario’s Healthy Menu Choices Act, 2015

Now in Force: Ontario's Healthy Menu Choices Act, 2015

Jan 4, 2017

Task Force Releases Report on Cannabis Legalization in Canada

Dec 19, 2016

Better late than never: Court finds that landlord still entitled to payment of additional rent after forgetting to invoice tenant for 3 years

Dec 19, 2016

Making Better Food Choices: Health Canada’s Vision for Canadians

Making Better Food Choices: Health Canada's Vision for Canadians

Dec 14, 2016

Business Law Advisory Council Releases Fall 2016 Report

Dec 7, 2016

New Regulatory Authority for Pensions on its Way

Nov 30, 2016

Privilege wins out over Document Production Requests, Orders and FOI Legislation – SCC Confirms Status of Solicitor-Client Privilege and Litigation Privilege

Privilege wins out over Document Production Requests, Orders and FOI Legislation - SCC Confirms Status of Solicitor-Client Privilege and Litigation Privilege

Nov 30, 2016

New SCC Decision on Oppression Remedy is Instructive for Closely-Held Private Companies

Nov 25, 2016

Board of Directors in Condo Corporations Rule

Nov 23, 2016

New record-keeping requirements for Ontario corporations

Nov 22, 2016

New French Language Requirements for Signs in Quebec

Nov 16, 2016

Arbitration Clauses and Shareholder Disputes: Clarity from the Ontario Court of Appeal

Oct 24, 2016

CSA Publish Update on Cybersecurity for Market Participants

Oct 6, 2016

Franchise Legislation has Arrived in British Columbia

Oct 6, 2016

Labels, Endorsements, and Scientific Proof: A New Approach to Self-Care Products in Canada

Sep 28, 2016

An Introduction to the New Access to Cannabis for Medical Purposes Regulations (ACMPR)

Sep 2, 2016

Tips for Startups – So You Want to Crowdfund?

Aug 25, 2016

The Govt of Canada Extends the Fair Rail for Grain Farmers Act

Aug 23, 2016

Tips for Startups – The Scope and Limitations of Non-Disclosure Agreements

Aug 17, 2016

From Franchisor to Joint Employer – Update on Potentially Increasing Liabilities of Franchisors for the Employees of their Franchisees

Aug 9, 2016

Tips for Startups – Intellectual Property and its Value to Your Company

Aug 8, 2016

Enforcement Advisory: Keeping Records of Consent under CASL

Aug 3, 2016

Prospectus Exemption for Start-Up Businesses

Aug 2, 2016

Tips for Startups – Understanding the Stages of Equity Financing

Jul 11, 2016

How to Protect Business Property and Information in Commercial Transactions

Jul 5, 2016

Tips for Startups – Understanding Debt vs. Equity Investments

Tips for Startups - Understanding Debt vs. Equity Investments

Jul 5, 2016

North America’s GMO-Labeling Policy Patchwork and the Consumer’s “Right to Know”

North America's GMO-Labeling Policy Patchwork and the Consumer's "Right to Know"

Jun 30, 2016

Will Virtual Meetings Become a Reality in Canada?

Jun 24, 2016

Perfection is Critical to Maintaining Priority Over Judgment Creditors

Jun 17, 2016

What’s in a Name? Organic Food Labelling in British Columbia

What's in a Name? Organic Food Labelling in British Columbia

Jun 5, 2016

From Lab to Farm to Table: Regulation of Genetically Modified Food in Canada

Jun 5, 2016

Venture Issuers are Reminded to Consider Recent Regulatory Developments

May 16, 2016

French Language: the Quebec Government Proposes New Rules for the Public Display of Trademarks

May 6, 2016

TSX Seeks Public Comment on Proposed Amendments to DRIP Rules

May 6, 2016

Will the Government of Canada Extend the Fair Rail for Grain Farmers Act?

Apr 29, 2016

Delivery Like It’s 1999: Ontario Proposes Update to Franchise Disclosure Law

Delivery Like It's 1999: Ontario Proposes Update to Franchise Disclosure Law

Apr 26, 2016

Privacy and Cybersecurity Issues in Canadian M&A Transactions

Apr 4, 2016

Early Warning Enhancements

Mar 4, 2016

For The Times They Are A-Changin: Canadian Regulators Adopt Fundamental Changes to the Take-over Bid Regime

Mar 3, 2016

Solar Energy Incentives in Alberta: It’s Just the Beginning

Solar Energy Incentives in Alberta: Its Just the Beginning

Feb 24, 2016

Top Ten (Legal) Tips for Startups

Feb 18, 2016

Procurement complaints against the government: more than just bid challenges

Feb 11, 2016

Progress on gender diversity, but still work to be done: CSA reports on compliance with the new gender diversity disclosure rules

Oct 22, 2015

Representation and Warranties Insurance

Sep 30, 2015

Federal Government Issues Guidance under the Extractive Sector Transparency Measures Act

Sep 18, 2015

SPACs, The “New” Private Equity Vehicle in Canada – An Asset Class of $800M and Growing

SPACs, The "New" Private Equity Vehicle in Canada – An Asset Class of $800M and Growing

Jun 30, 2015

Canada Enacts Extractive Sector Transparency Measures Act

Jun 14, 2015

British Columbia Securities Commission Seeks to Limit Exercise of Public Interest Power in the Enforcement Context

May 20, 2015

A Tailored Fit: Streamlined Disclosure Rules to Suit Venture Issuers

Apr 17, 2015

Limited Partnerships: When to Head to Manitoba and When to Stay at Home?

Mar 12, 2015

Proxy Voting in Canada Needs Modernization

Feb 22, 2015

UPDATED: Canada Expands Economic Sanctions and Targets Russian Energy Sector

Feb 21, 2015

Still Kicking: Quebec Court Confirms the Constitutionality of the Charter of the French Language, Clarifies the Rule of “Marked Predominance” and Reiterates the Exemptions for Unregistered Trademarks

Still Kicking: Quebec Court Confirms the Constitutionality of the Charter of the French Language, Clarifies the Rule of “Marked Predominance” and Reiterates the Exemptions for Unregistered Trademarks

Feb 20, 2015

Staying Out of the Crosshairs – Keeping On Top of Russia Related Economic Sanctions

Nov 21, 2014

The Exercise of the Public Interest Power by the OSC – A New Standard is Needed

The ability of the State or any agency thereof to mete out sanctions in circumstances where there has not been a contravention of a clearly delineated statutory provision has generally been the purview of dictators or absolute monarchs.

Sep 4, 2014

Canadian Regulators Respond to Concerns of OTC Derivatives Market Participants: OSC Makes Amendments to Trade Reporting Rules

Apr 24, 2014