August 9, 2016
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.
August 8, 2016
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.
August 4, 2016
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.
July 29, 2016
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.
July 28, 2016
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.
June 27, 2016
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.
June 22, 2016
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.
June 8, 2016
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.
June 7, 2016
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.
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