Giancarlo Petroro

What changes does Bill C-59 bring to Canada’s Competition Act? In our latest bulletin, we take a look at the additional set of changes to the Competition Act with the passing of Bill C-59, including how it –     expands the merger notification requirements and changes the merger review process; –     revises the interim injunction provisions to prohibit parties from closing a merger until the Competition Tribunal has disposed of an interim injunction application by the Commissioner of Competition; –     add new civil provisions imposing requirements for certain types of environmental claims and create a new clearance mechanism for environmental collaborations; –     expands the scope of private litigation; and –     introduces a power to prohibit a broader set of anti-competitive agreements with monetary penalties. Read the bulletin: https://lnkd.in/gT5wwtuY #CompetitionAtDavies #CompetitionLaw #BillC59 #CanadianLaw #LegalNew #RegulatoryChanges

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“Arbitration Booming” in Canada: Lexpert Litigation 2024   Lexpert Special Edition: Litigation 2024, just released, dives deep into the challenges of Canada’s overburdened #court systems and how #arbitration is stepping in to enable Canadian businesses to resolve disputes faster and more effectively.   The Editorial begins: “Canadian businesses relying on the court system for #disputereso­lution are increasingly facing significant challenges.”   Senior Canadian #Lawyers who handle #disputes observed:   With delays in civil courts, businesses are realizing “it will take years to get to the end of the road if they go through the court system. Arbitration can be much faster.” With commercial players facing years before a trial and an end to their disputes, “there has been a near expo­nential rise in the commercial arbitration space.” “In the next five to 10 years, the overwhelming majority of commercial disputes will be resolved through arbitration. This will especially be true among commer­cial players.” “Very few #commercial or #corporate players are in a position to wait [several] years to get their dispute resolved. Most would say that the courts have now become really an inef­fective way to resolve disputes, not because of the court’s ability – we actually have excellent #judges – but the reality is that there are too many cases and not enough of them.”   Why Court Backlogs?  Civil cases are often delayed as courts prioritize criminal and family matters.   Why Arbitration?  Arbitration offers flexibility, #confidentiality, #privacy, speed, the ability to select arbitrators with specific expertise – arbitrators who understand the industry – and processes tailored to suit the needs of the parties and the dispute.   Growth of Arbitration: Lexpert points to data in the Canadian Arbitration Report 2024 showing increased adoption of arbitration by Canadian businesses. From 2020 to 2022, many law firms reported significant growth in arbitration-related work, with a surge in the number of lawyers focusing on it. Highlights from the Report https://lnkd.in/gPRZPS6f are in the Comments to this post.    Arbitration Place is proud to be at the forefront of this exciting trend. We have been supporting the growth of arbitration in Canada for almost 13 years. With our world-class roster of arbitrators, cutting-edge in-person and virtual hearing facilities, and comprehensive support services, we empower businesses to resolve disputes efficiently and effectively. The Lexpert article underscores a fundamental truth: as traditional court processes face mounting pressure, arbitration is emerging as the dispute resolution method of choice.   #ArbitrationPlace #Lexpert2024 #ADR #ArbitrationLeaders

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📢 Employers: The MLVT has updated a Notification for paid leave during Pchum Ben, October 1-3, 2024, with options for continuous operations. Learn more details here. For additional information, please consult our legal expert Antoine FONTAINE or SOUS Sinoun. #ANANTLawFirm #PchumBen #PaidLeave #MLVT 

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From the court to the courtroom: Mathieu Giguère’s (Chief Legal Officer and Corporate Secretary at Aimia Inc.) unique path to legal leadership is a story of resilience, strategy, and legal excellence. Know More- https://lnkd.in/gFM5AhPE #AimiaInc #BusinessGrowth #InvestmentLeadership #BizTips #business #BusinessOwner #Entrepreneurship #SmallBiz #StartUps #magazines #covermagazine #businessmagazine #printmagazine #onlinemagazine #magazinecover #magazine #Theenterpriseworld #LegalServices #CorporateLaw

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Navigating Jurisdictional Boundaries: Implications of Recent SCC Decisions on Tax Disputes By: Amit Ummat and Alisha Butani On June 28, 2024, the Supreme Court of Canada (“SCC”) released concurrent judgments in Dow Chemical Canada ULC v. Canada 2024 SCC 23 (“Dow Chemical”) and Iris Technologies Inc. v. Canada 2024 SCC 24 (“Iris Technologies”). These decisions offered clarity regarding the jurisdictional boundaries between the Federal Court of Canada (“FC”) and the Tax Court of Canada (“TCC”) in tax disputes as delineated by their respective enabling statues. This clarity is valuable for potentially simplifying the process for future disputes, especially those concerning transfer pricing adjustments and procedural elements of a tax assessment. Dow Chemical Dow Chemical Canada ULC, a Canadian resident corporation, (“Dow Canada”) sought a favorable transfer pricing adjustment under subsection 247(10) of the Income Tax Act R.S.C., 1985, c. 1 (5th Supp.) (“Income Tax Act”) for a loan agreement transaction with a Swiss affiliate. The Minister of National Revenue (“Minister”) reassessed Dow Canada by applying the transfer pricing rules in subsection 247(2) of the Income Tax Act, leading to a substantial increase in Dow Canada’s income for the 2006 tax year. The Minister also denied the downward transfer pricing adjustment. Disagreeing with the Minister’s decision, Dow Canada initiated legal proceedings in both the TCC and the FC, requesting the FC proceedings be held in abeyance. The TCC held it had jurisdiction.... read article here: https://lnkd.in/gcU7MKHf

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The Ontario Capital Markets Tribunal recently released its highly anticipated reasons for cease trading a shareholder rights plan in Riot Platforms, Inc. v. Bitfarms Ltd. The Tribunal seized the opportunity to establish a new framework for exercising its public interest jurisdiction in circumstances where there is no established breach of Ontario securities law. In doing so, the Tribunal resolved divergent approaches that had emerged from decades of past shareholder rights plan decisions of the Tribunal and its predecessor, the Ontario Securities Commission. Read our bulletin: https://ow.ly/3MqB50UchSr #DisputeResolutionAtDavies #SecuritiesAtDavies #Securities #DisputeResolution

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Can Promissory Notes Be Used for Share Issuances in Alberta? Using promissory notes for share issuances may seem appealing, but Alberta’s Business Corporations Act imposes strict restrictions, leading to potential legal and financial risks. Our latest blog explores: ➡️ ABCA restrictions and their impact ➡️ Alternatives like property, cash, or past services ➡️ Post-issuance sales with promissory notes Find out how to ensure compliance and mitigate risks. Read more: https://lnkd.in/gz6TDvQ8

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Investigating the possibility to develop business in #Canada? Here is a step-by-step guide of our AVENS Alliance Canadian firm AVENS Montréal Avocats ( also member of Concerto Legal network) on how to #incorporate a Company in this beautiful country !!

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The EU and Canada are among the largest traders in the world. Looking forward to hearing a discussion of the benefits available to businesses under the Canada-EU Comprehensive Economic and Trade Agreement. Many thanks to Fatima Rasheed, CAPM of the World Trade Centre Vancouver for the invitation to join this event. #goglobal #trade #investment #globaltrade

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Starting September 22, 2024, Québec's new data portability law comes into effect as part of the final phase of amendments under Law 25. This law imposes new obligations on companies subject to the Quebec Privacy Act, following earlier phases implemented in 2022 and 2023. Law 25, aimed at modernizing personal information protections, marks a significant shift for businesses operating in Québec. Read more from lawyer Amir Kashdaran here: https://bit.ly/4emryZS #DataPortability #PrivacyLaw #Law25 #QuebecPrivacyAct

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Legal 500 Canada has ranked Allen/McMillan Litigation Counsel as an Elite Boutique firm for dispute resolution in British Columbia for the second year in a row! In addition, Wes and Greg have been recognized as Leading Partners based on peer and client endorsements. A testimonial about AMLC shares, “[t]he team of lawyers are specialized in their particular practice areas and they are also very practical in how they approach problem-solving for their clients. The lawyers, in particular Greg Allen, Wes McMillan and Kaitlyn Meyer, each are very reputable within the legal community and they generate referrals from other lawyers who have respect for who they are and how they practice.” More details about these rankings can be found at amlc.ca/news. #EliteBoutique #LeadingPartners #LawFirm #Vancouver #Law #Legal The Legal 500

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💻 Webinar Alert: Navigating Law 25 Compliance in Quebec Join us for an essential webinar on Law 25 Compliance: What Companies Doing Business in Quebec Need to Know. This session is crucial for understanding the latest changes brought by Bill 64 (Law 25) and how they impact the protection of personal information in both public and private sectors. 🗓️ Date: Wednesday, June 7, 2024 ⏰ Time: 2:45 PM ET 🌐 Location: Virtual via Zoom (Link provided a day before the event) 💼 Cost: Free ⭐ PDP Points: Members earn 10 points for attending the event. Our expert speaker, Maître Tracy Gokhool, will guide you through your new roles and responsibilities, the necessary policies and protocols, how to handle personal information incidents, and the consequences of non-compliance with Quebec’s new privacy laws. __________________________________________ Webinar Overview: Bill 64, known as Law 25, revises the legal framework surrounding personal information management. During this session, we will delve into the specific changes, including your new responsibilities related to the collection, use, and disclosure of personal data. Learn about essential policies, the protocols your business must implement, how to handle data incidents, and the consequences of non-compliance with these revised privacy laws. About the Speaker: Our esteemed speaker, Maître Tracy Gokhool, is a senior litigation lawyer specializing in commercial disputes and civil litigation at Charness, Charness & Charness LLP. Since her call to the bar in 2019, Maître Gokhool has represented clients across all levels of Quebec's courts, including the Court of Appeal. As the firm's Privacy Officer, she expertly manages compliance with privacy laws, ensuring rigorous protection of client information and adherence to the highest ethical standards. __________________________________________ 🔗 Register Now to secure your spot and ensure your business stays compliant with the latest legal requirements. Registration Closes on Thursday, June 6, 2024 For details and registration: https://lnkd.in/gbKj67-J Don't miss this opportunity to gain vital insights and stay ahead in the rapidly evolving field of privacy law. #CIC #Law25 #PrivacyCompliance #QuebecBusiness #CreditInstitute #CICWebinar #DataProtection #LegalUpdate

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Congratulations to our 13 lawyers recognized in the 19ᵗʰ edition of The Best Lawyers in Canada, including RS partner Misty S. Alexandre. Misty's practice focuses primarily on construction law and commercial debt recovery. She advises and represents suppliers, contractors, subcontractors, owners and consultants on all aspects of a construction project, including competitive bidding and procurement issues, contract drafting/interpretation/enforcement, builders’ liens, debt recovery and dispute resolution/arbitration. Learn more about Misty's expertise here: https://lnkd.in/eYbusmy

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Associate Sanaya Mistry recently authored an article in the September 2024 edition of "Taxes & Wealth Management" addressing the Apostille Convention, which facilitates the circulation of public documents of Canadian origin with other jurisdictions internationally in order to avoid lengthy, costly requirements of legalization. View the attached document to read Sanaya's full article: #EstatesLaw #ApostilleConvention #WealthManagement

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I encourage you to read our latest article on the recent adoption of Bill 30.

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The Canadian Competition Bureau ("Bureau") has announced a significant initiative to explore the impacts of artificial intelligence ("AI") on competition in Canada. On 20 March 2024, the Bureau published a discussion paper, entitled "Artificial intelligence and competition" ("Discussion Paper"), and has requested feedback from the public. The Bureau is seeking to better understand how AI can affect competition in Canada. It is also seeking to determine how it can better prepare to address potential competitive harm from AI, and also promote competition in AI markets. The outcome of the consultation may have significant implications for both businesses that develop and those that use AI technologies. Submissions are due by 4 May 2024.

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A recent Ontario case, Tehama Group Inc v. Pythian Services Inc (2024 ONSC 1819), sheds light on arbitration and forum selection clauses: Case Summary: ♦ Dispute: Tehama challenged an arbitral award made by PwC in Toronto. Pythian argued that the challenge should be heard in New York, per their forum selection clause. ♦ Decision: The court ruled that the arbitration was seated in Toronto and the challenge could be heard in Ontario. The forum selection clause did not apply to disputes under the earnout provision. Key Takeaways: ♦ Clarify the Seat: Clearly specify the seat of arbitration to prevent jurisdictional issues. ♦ Define Exceptions: Ensure that forum selection exceptions cover all relevant disputes. ♦ Seek Expertise: Consult with arbitration experts to draft effective dispute resolution clauses. Read more from lawyer Brad Hanna here: https://bit.ly/3M6KNdQ #Arbitration #LegalInsights #ContractDrafting #DisputeResolution

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