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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Permanent immigration to get easier for French and English speakers, those with Canadian siblings

In an effort to attract more skilled foreign talent, Canada is making it easier for applicants with siblings in Canada and those who are bilingual in French and English to immigrate permanently. As of June 6, 2017, qualifying applicants will

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Discretionary powers and the duty of good faith

A fundamental principle of contract law in Canada is that the parties to a contract are usually free to negotiate and agree upon any terms which will advance their respective (and sometimes mutual) interests. That being said, there are certain …

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Removing immigration roadblocks key to filling tech talent pool

According to the 2017 Global Startup Ecosystem Ranking, Vancouver has replaced Toronto as Canada’s dominant tech startup city.

Startup Genome, a platform dedicated to helping nurture and maintain thriving tech startup ecosystems around the world, drafted the rankings. In doing …

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Foreign Private Issuers soon required to submit financial data in XBRL

On January 30, 2009, the Securities and Exchange Commission (“Commission”) adopted rules to require domestic public companies and foreign private issuers that prepare their financial statements in accordance with U.S. generally accepted accounting principles (“U.S. GAAP”), …

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Stricter enforcement from the regulators

The Canadian Securities Administrators (the “CSA”) recently released their 2016 Enforcement Report (the “Report”) which highlights actions taken by the CSA across Canada.  The Report was summarized by the Chair of the CSA as follows:

The …

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Business travel to the USA after President Trump’s Executive Order: How Canadians and PRs are affected

Canadian citizens and permanent residents (PRs) may be denied entry into the United States due to President Trump’s recent Executive Order, despite assurances suggesting otherwise from the Canadian and U.S. governments. Personal and business travellers should consider planning their trips …

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Confidentiality agreements and whistleblower compliance

Staff in the Office of Compliance Inspections and Examinations (the “Staff”) recently issued a Risk Alert[1] (the “Risk Alert”) regarding compliance with key whistleblower provisions arising out of the Dodd-Frank Wall Street Reform and Consumer

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