Raees Nakhuda

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

12

Partners Sarah Boulby, Oren Weinberg and Kenneth Fishman recently contributed a chapter to the Global Legal Group, International Comparative Legal Guide - Family Law 2025. The topics covered in their chapter, Family Laws and Regulations Canada - Ontario 2025, are divorce, finances on divorce, marital agreements, cohabitation and the unmarried family, child maintenance, children - parental responsibility and custody, and international aspects. https://ow.ly/q0fx50TeIWb #familylawyers #familylaw #ontario

3

In a recent case, Alberta's Court of King's Bench interpreted the interplay between prompt payment adjudication and lien processes under the amended Prompt Payment and Construction Lien Act. Our latest blog post by Brian Reid, Chris Petrucci and Chris Abtosway examines the decision and how it may set a precedent for future cases. #PromptPayment #PPCLA #ConstructionLaw

21

The Competition Bureau has offered some preliminary guidance on the Competition Act’s new excessive and unfair pricing provision. Canada’s Competition Act was recently amended to both establish a new, more expansive framework for challenging anti-competitive conduct by dominant firms and to specifically provide that it may be an anti-competitive act for a dominant firm to directly or indirectly impose excessive and unfair selling prices. The Competition Bureau has issued some preliminary guidance on some of these changes. Some of the key takeaways include: • To be subject to challenge under the abuse of dominance provisions of the Competition Act, charging high prices must be either (i) intended to have certain types of negative effects on a competitor or an adverse effect on competition or (ii) have the effect of harming competition substantially. • In themselves, high prices are not normally intended to have such an effect. Nor do they usually have such an effect, regardless of the intention. • The Bureau expects that it will be rare for the Bureau to investigate claims of excessive and unfair pricing. Read the full bulletin: https://ow.ly/VKPV50UbfJs #CompetitionAtDavies #Competition #CompetitionAct #Pricing

6

1 Comment

🌟 Clark Wilson LLP partners Jeffrey Vicq and Monica Sharma have been recognized among Canada’s leading technology and health sciences lawyers in Lexpert’s recent special edition on technology and health sciences.   The leading lawyers are determined via confidential peer review and independent research. Inclusion is a testament to Jeffrey and Monica’s expertise in technology and health sciences law and the service they have provided to clients in the industry.   Congratulations, Jeffrey and Monica!   To discover more about the Lexpert Special Edition: Technology and Health Sciences, click here: https://bit.ly/3VBRSHV   #technologylaw #healthscienceslaw #techlawyers #healthsciencelawyers

21

1 Comment

📣 Big News in LegalTech! 🚀 🔹 $900M in Series F Funding: Clio - Cloud-Based Legal Technology, a pioneering Canadian legaltech company, has secured $900 million, elevating its valuation to $3 billion! 💼💰 🔹 Investment Powerhouses: This round was led by New Enterprise Associates (NEA), with heavyweights like Goldman Sachs, Sixth Street, CapitalG and Tidemark also joining the fray. 🌟🏦 🔹 AI Transformations: Clio, now 16 years old, is revolutionizing the legal industry with generative AI and automation features. 🧠🤖 🔹 Valuation Leap: Clio’s valuation has nearly doubled since 2021, jumping from $1.6 billion to $3 billion in just a few years. 📈🔝 🔹 Share Sales: The funding includes both primary and secondary share sales, signaling strong investor confidence. 📊📉 🔹 Future of Law: While AI won't replace lawyers entirely, it’s poised to reshape the legal landscape significantly. ⚖️🔍 ✨ The Takeaway: AI-driven innovation is not just a buzzword—it's a game-changer in the legal sector, drawing major investments and promising to redefine how legal services are delivered. Stay tuned for more transformative updates! 🌐⚡ #LegalTech #AI #Innovation #Funding #Investment #FutureOfLaw #TechNews #Clio #Automation #PrivateEquity #GrowthEquity #ArtificialIntelligence

16

In-house counsel in Canada rely on attorney-client privilege to protect their company in litigation. When disputes involve parties in the US or EU, they must navigate privilege rules that vary place to place. Understanding the differences is vital to protecting the company. In a new article in Law360, Orrick’s Tim Carroll explores similarities and differences in privilege and privilege waiver in Canada, the U.S. and EU – and offers 10 tips to help in-counsel in Canada protect privileged information and mitigate risk in global disputes. #attorneyclientprivilege #Canadaprivilegelaw #Canadaattorneyclientprivilege #privilegewaiver #litigation https://lnkd.in/gZkKgeUz

12

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

22

As AI shapes advertising and marketing, it intersects with competition, consumer protection, privacy, and IP law. In this In Focus video, our Canadian and US lawyers share essential insights for legal, regulatory, compliance, and tech professionals to stay ahead in AI’s evolving landscape. Click to watch the clip.

4

1 Comment

Canadian government’s extensive overhaul of Canadian #competition law began with a series of amendments to the #Act passed in June 2022, followed by additional amendments in December 2023 and recently Bill C-59 mark the third stage. Two additional amendments that were introduced in Bill C-59, which will be discussed in the article by Mark Katz and Umang Khandelwal of Davies Ward Phillips & Vineberg LLP #competition #internationallaw #billc59

3

Our Managing Partner, Michael Slan, recently shared insights with Precedent Magazine on the successful absorption of Minden Gross lawyers into Toronto's legal landscape. This piece provides a glimpse into the dynamics of legal market restructuring and the resilience of Toronto's legal community. Read the full article for an in-depth analysis of how firms like ours are adapting to and capitalizing on sudden market changes. 📚⚖️ https://lnkd.in/eQ98nMSq

50

“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

11

4 Comments

We're excited to officially announce the recent release of our newest data set, CaseLaw, in collaboration with the Jurisage Group. CaseLaw is based on court decisions from the Canadian legal system. With a trained law librarian, Holly James, MLIS, we’ve curated a completely private set of questions a lawyer could ask about these cases in the course of real practice (as well as the set of correct answers). The model is then expected to answer either by selecting explicit excerpts or paraphrasing elements from the decision. The answer must be grounded with citations from the decision itself - it is insufficient to answer in general terms. Unsurprisingly, o1 currently holds a high score on the leaderboard. You can view the full results, and some sample questions, at https://lnkd.in/dbfrR8zU.

32

2 Comments

Those in the healthcare and social services space in Quebec should know about their new statutory obligations starting as of July 1, 2024 => Here is the scoop As of July 1, 2024, most of the obligations in the Act respecting health and social services information have come into effect (containing comprehensive #privacy obligations). ✅ Here are key highlights: 1️⃣ => Health and social services information (HSSI) is defined broadly (such as a person’s physical or mental health, medical history, biological material, health services or social services provided to a person, etc) 2️⃣ =>  You have specific governance requirements such as implementing safeguards, managing consent, performing privacy impact assessments, keeping logs of all accesses to HSSI, and more. 3️⃣ => Entities that provide services to HSS bodies must have written agreements in place with prescribed data protection terms The sanctions can also be pretty significant, ranging from $1,000 to $150,000, depending on who committed the offence and its nature. ✅ Bottom line: If you are in the #health and #socialservices space and subject to this Act, you should take the proper measures to comply with this Act. Good luck! #dataprotection #healthcare #quebec

12

“The tech entrepreneurs I work with, none of them wakes up in the morning and thinks about Canadian policy before starting to code. [...] Our job as lawyers is to make these things relevant and to prepare companies for when those considerations could come into play.” - Paul Gagnon, partner and co-lead of our AI group at BCF, in an interview with the National Magazine, the official periodical of the Canadian Bar Association. Explore the impact on tech entrepreneurship and the legal landscape:

10