Cannabis Legalization: What To Expect

This post is the first in a series from Alexander Holburn regarding the pending legal use of non-medical cannabis in BC. Below is a summary of the existing laws on cannabis and the pending changes coming under the new federal

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Reconsidering Consideration in the Employment Law Context

The recent decision of the Court of Appeal for British Columbia in Rosas v. Toca, 2018 BCCA 191 has changed the law of contract variation. This decision will be important for employment lawyers to consider when varying employment agreements …

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New Prospectus Exemption

The Canadian Securities Administrators (the “CSA”) recently adopted amendments to National Instrument 45-102 Resale of Securities (“NI 45-102”) and changes to Companion Policy 45-102CP to National Instrument 45-102 Resale of Securities (“45-102CP”) (collectively, the …

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A Seller’s Promise: The Importance of Representations and Warranties

Buying or selling a business is similar to other substantive sales or purchases in life: sellers want to be clear to potential buyers about the business they are selling and buyers want to …

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Raibex Canada Ltd. v. ASWR Franchising Corp.: A Victory for Franchisors

Rescission Rights under Franchise Legislation: The Backdrop to Raibex

Section 6 of the Ontario Arthur Wishart Act (Franchise Disclosure), 2000 (the “AWA”) grants franchisees the right to rescind a franchise agreement under two circumstances:

1. section 6(1) of …

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CSE Requests Comments from Issuers with U.S. Marijuana-Related Activities on Impact of Cole Memorandum Rescission

The U.S. Department of Justice (the “DOJ”) published a memorandum on August 29, 2013 (the “Cole Memorandum”) indicating a policy shift of government priorities away from strict enforcement of federal cannabis prohibitions in those U.S. states …

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Exemption for Distribution of Securities outside British Columbia

Recently, the British Columbia Securities Commission (“BCSC”) revoked and replaced BC Instrument 72-503 – Distribution of Securities outside British Columbia with a new instrument bearing the same number and name (“BCI 72-503”).

BCI 72-503 provides exemptions from …

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Subject to good faith: Real estate vendors may not rely on discretionary conditions as a basis for accepting competing offers

In today’s real estate market, prospective purchasers may find themselves hastily making offers on properties, out of fear that someone else will beat them to the sale. To protect purchasers, realtors commonly include conditions in offers commonly referred to as …

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Facebook’s Terms of Use does not give California Court jurisdiction over the privacy rights of British Columbians

All users of Facebook agree to its Terms of Use as part of the registration process.  When doing so, users agree to submit to California courts when litigating any claim arising, and that the laws of California will govern.  Hence, …

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Proposed amendments to National Instrument 45-102 Resale of Securities (NI 45-102)

The Canadian Securities Administrators (CSA) recently published for comment proposed amendments to National Instrument 45-102 Resale of Securities (NI 45-102) that would introduce a new prospectus exemption for the resale of securities of a foreign issuer.

Proposed Exemptions

The proposed exemption …

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