BCCA Rules Civil Jury Fees Are Constitutional

By Byron Shaw

On September 15, 2017, the B.C. Court of Appeal rejected a challenge by the Trial Lawyers Association of British Columbia (“TLA”) to the constitutionality of legislation requiring civil litigants opting for a jury trial to pay the fees and expenses of the jury and jury process. TLA 2017[1] holds that provinces may impose such fees without interfering with the core jurisdiction of the superior courts protected by s. 96 of the Constitution Act, 1867.[2]

Decision

Section 17 of the Jury Act[3] states that a party requiring a jury in a civil matter must … Continue Reading

CETA Is Not NAFTA: 7 Things That Are Different In CETA

Today, September 21, 2017, the Canada-European Union Comprehensive Economic and Trade Agreement (the “Canada-EU CETA”) entered into effect provisionally.  Importantly, the customs duty reductions and eliminations took effect today.  The rules of origin took effect today.  The customs procedures took effect today.  The quota requirements took effect today.  Most of the Canada-EU CETA is in... Continue Reading

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The duty to disclose Mary Carter agreements immediately: new guidance from the BC Court of Appeal

By Connor Bildfell

Mary Carter agreements are settlement agreements between a plaintiff and defendant in multiparty litigation wherein the defendant ostensibly remains an active party to the litigation while the plaintiff’s claim in fact targets the other parties. On September 5, 2017, the B.C. Court of Appeal (the “Court“) released its decision in Northwest Waste Solutions Inc. v. Super Save Disposal Inc., 2017 BCCA 312 affirming that Mary Carter agreements must be disclosed immediately and outlining potential remedies for a failure to make such disclosure. Parties and their counsel will need to keep this in mind when … Continue Reading

Discussing Your Divorce: Avoiding Dangerous Advice

  There comes a time in our life when you must make decisions based on what lies ahead in your future. The decision could be to pack up and move to another country for a promotion, go back to school, get married, start a family, even file for divorce or separation. These choices are determined...… Continue Reading

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By Heidi Gordon and Shauvik Shah

On September 12, 2017 the UK Financial Conduct Authority (“FCA”) released brief guidance (“FCA Guidance”) on initial coin offerings (“ICOs”). This follows earlier guidance from the Canadian Securities Administrators (the “CSA”) in August on ICOs, a summary of which can be read here.

The FCA Guidance defines an ICO as a digital method of raising funds from the public using a virtual currency (cryptocurrency). An ICO can also be known as a “token sale” or a “coin sale”.

ICO Risk Factors

The FCA Guidance notes … Continue Reading

The Final Countdown – AESO Opens Request for Proposal Stage in Round 1 of Alberta’s Renewable Energy Program

By Kimberly J. Howard

On September 15, 2017, the Alberta Electric System Operator (AESO) announced the opening of the final Request for Proposal (RFP) stage of Round 1 of the Renewable Energy Program (REP).

While an official list of the successful projects and proponents has not been publicly issued, the AESO communicated that it invited 29 qualified projects representing approximately 4,000 MW from Canadian and international companies to participate in the RFP stage.

Next Steps

Each qualified proponent will be invited to participate in the RFP of REP Round 1.  As stated during the request for qualification stage, the AESO’s … Continue Reading

Votre tatouage enfreint-il le droit d’auteur ? Pourriez-vous être poursuivis pour avoir demandé à un tatoueur de reproduire sur votre peau l’image de Garfield ou d’un dragon que vous avez trouvé sur Pinterest ? Claudette van Zyl, stagiaire, s’est penchée sur la question. Bonne lecture ! ********************* Is my tattoo infringing copyright? The intersection between tattoos and copyright law has made its way into … Continue Reading
The June 2017 Financial System Review released by the Bank of Canada warns that Canada’s financial institutions have reached a point of interconnectedness that could allow a cyber-attack to rapidly transmit stress throughout Canada’s financial system, leading to prolonged service interruption, compromised data integrity or a loss of confidence in the financial system. Such an attack... → Read More
The Origin Verification Process In CETA Is Different From What Canadian Businesses Are Used To

Canadian businesses are used to the North American Free Trade Agreement (“NAFTA”) customs procedures for verifying certificates of origin that effectively state that exported goods are “made in Canada”. The NAFTA origin verification procedures have been adopted in most other Canadian free trade agreements. Under NAFTA, United States Customs and Border Protection (“US CBP”) officers... Continue Reading

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Canada and the EU have taken the Necessary Steps for Provisional Implementation of CETA

On September 7, 2017, the Canadian Governor-in-Council published in the Canada Gazette an Order-in-Council that effectively sets the date of the provisional implementation of the Canada-European Union Comprehensive Economic and Trade Agreement (the “Canada-EU CETA”) to be September 21, 2017.  SI/2017–47 “Order fixing September 21, 2017 as the Day on which the Canada-European Union Comprehensive Economic... Continue Reading

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