Blog Archives

August 9, 2016

Alberta Adopts Prospectus Exemption for Start-up Businesses

By Legal Newsletters | BC's Law Firm for Business | Clark Wilson LLP of Clark Wilson

By Bernard Pinsky

On July 26, 2016, Alberta adopted a new exemption from its general requirement for issuers to clear and file a prospectus prior to issuing securities. The new exemption is found in ASC Rule 45-517 (the “Start-up Business Exemption”).

The Start-up Business Exemption is available for distributions of securities by Alberta issuers seeking to raise funds from Alberta investors. It can be used by issuers that wish to raise funds in a traditional manner, for example, through their contacts in the community or through a traditional registered dealer. It can also be used by issuers to crowdfund and raise funds via an online funding portal that is registered as a dealer.

Posted in Legal Updates | North America
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August 8, 2016

Weeding Out When A Homeowner Insured May Be Entitled to Coverage

By Legal Newsletters | BC's Law Firm for Business | Clark Wilson LLP of Clark Wilson

By Raman Johal

The recent case of Bahniwal v. The Mutual Fire Insurance Company of British Columbia, 2016 BCSC 422 demonstrates that a homeowner can have insurance coverage for property that houses a marijuana grow operation as long as they are not aware of the operation. We have written about Coverage for Marijuana Grow Operations before but the focus of this article concerns knowledge on the part of the insured homeowner and its impact on coverage.

Posted in Legal Updates | North America
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August 4, 2016

Canada To Lift Visa Requirements For Mexican Citizens

By Legal Newsletters | BC's Law Firm for Business | Clark Wilson LLP of Clark Wilson

By John Soden

The Government of Canada has announced its intention to remove the requirement for Citizens of Mexico to be in possession of a visa to enter Canada. The intention is that, from December 1, 2016, Mexican Citizens will require an Electronic Travel Authorization (eTA) instead of a visa to visit Canada.

Posted in Legal Updates | North America
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July 29, 2016

Changes to Strata Property Act pave the way for strata redevelopment

By Legal Newsletters | BC's Law Firm for Business | Clark Wilson LLP of Clark Wilson

New strata corporation wind-up rules effective today. We can help.

This is very big news. And very good news. Today the provincial government issued the following press release:

Proposed amendment to the Strata Property Act

A proposed change to the Strata Property Act will make it easier for owners to terminate a strata corporation by lowering the voting threshold from unanimous to 80%.

 Owners may wish to terminate their strata corporation for several reasons. As older strata corporations reach the end of their life cycle, major building and common property components start to fail, resulting in expensive repair bills. In some cases, strata owners want to sell the property to a developer who can put it to better or more profitable uses. For example, strata members living in a low-rise building on a large property may see the opportunity to have the land redeveloped into a larger building with more units.

Posted in Legal Updates | North America
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July 28, 2016

New requirements for foreign employees returning to Canada

By Legal Newsletters | BC's Law Firm for Business | Clark Wilson LLP of Clark Wilson

By John Soden

From September 1, 2016, it will be the policy of Clark Wilson to apply for Electronic Travel Authorizations (ETA’s) on behalf of all clients that require them.

Foreign nationals from visa exempt countries must have in their possession a valid ETA in order to be given permission to board any public carrier (air, rail, road and sea) to come to Canada. Failure to be in possession of a valid ETA will mean the foreign national will be refused boarding by the transport operator and their travel to Canada will be delayed until a valid ETA is obtained.

Posted in News | North America
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June 27, 2016

TSX Proposes Amendments to Introduce Website Disclosure Requirements and to Amend Security Based Compensation Disclosure

By Legal Newsletters | BC's Law Firm for Business | Clark Wilson LLP of Clark Wilson

The Toronto Stock Exchange (“TSX”) recently published proposed amendments to: (i) introduce website disclosure requirements for TSX listed issuers (the “Website Amendments”); and (ii) amend the disclosure requirements regarding security based compensation arrangements (the “SBC Amendments”, and together with the Website Amendments, the “Amendments”) in the TSX Company Manual. The Amendments will be effective upon approval by the Ontario Securities Commission following the public comment period. Comments on the Amendments were initially requested by June 27, 2016. The TSX is extending the comment period to July 15, 2016 as a result of requests from stakeholders.

Posted in Legal Updates | North America
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June 22, 2016

Nuthin’ but a Leaf Thang – Toronto Maple Leafs take issue with Snoop Dogg’s trade-mark application for LEAFS BY SNOOP Logo

By Kwan Loh of Clark Wilson

Maple Leaf Sports & Entertainment Partnership (“MLSE”), the parent company of the National Hockey League’s Toronto Maple Leafs, has requested an extension of time to oppose a U.S. trade-mark application filed by one Calvin Broadus – better known as Snoop Dogg (“Snoop”) – for a logo featuring the words LEAFS BY SNOOP on a leaf-shaped background.

MLSE is the owner of numerous trade-mark applications and registrations in Canada and the U.S. for different iterations of the Toronto Maple Leafs logo, for use with a variety of clothing and souvenir related goods.

Posted in News | North America
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June 8, 2016

New Fee Proposal for Trademarks in Canada

By Neil Melliship of Clark Wilson LLP of Clark Wilson

Happy Canada Day red silk leaves in shape of Canadian Flag on white shabby chic wood table.

The Canadian Intellectual Property Office (CIPO) has published a Fee-for-service proposal (the Proposal), seeking public input by July 5, 2016.  The Canadian government significantly amended the Trade-marks Act (the Act) in 2014, in order for Canada to accede to the Singapore Treaty, the Nice Agreement and the Madrid Protocol. Those amendments have not yet come into force, however, pending the adoption of new Regulations on various matters, including fees.  The Proposal is the first step in adopting new Regulations on the fees that will be applicable.

Posted in ILN IP Insider
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June 7, 2016

New Fee Proposal for Trademarks in Canada

By Neil Melliship of Clark Wilson

The Canadian Intellectual Property Office (CIPO) has published a Fee-for-service proposal (the Proposal), seeking public input by July 5, 2016.  As previously reported on this blog, the Canadian government significantly amended the Trade-marks Act (the Act) in 2014, in order for Canada to accede to the Singapore Treaty, the Nice Agreement and the Madrid Protocol. Those amendments have not yet come into force, however, pending the adoption of new Regulations on various matters, including fees.  The Proposal is the first step in adopting new Regulations on the fees that will be applicable.

Posted in Legal Updates | North America
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June 6, 2016

Clark Wilson acts for Hempco Canada Superfoods in go-public transaction

By Elton Law of Clark Wilson

Clark Wilson acted for Hempco Canada Superfoods Inc. in completing a TSXV Qualifying Transaction through the sale of all of its issued and outstanding securities to the resulting issuer, Hempco Food and Fiber Inc., in exchange for the issuance of 20,000,000 common shares.

The parties completed a bridge and concurrent financing for aggregate gross proceeds of $1,934,500. Hempco Superfoods is now a wholly-owned subsidiary of the resulting issuer, which is listed on the TSXV under the symbol “HFF.” Don Sihota and Craig Rollins led the Clark Wilson team. For more information, read the news release.

Posted in North America
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