Insights
AI and Patent Law: Can AI Be an “Inventor”?
As technology surrounding artificial intelligence (“AI”) continues to improve, so does its capacity for increasingly complex tasks. In fact, some AIs have become so advanced that they now have the capacity to conceptualize and create inventions.
Read the full blog post
Could AI get you sued? Artificial intelligence and litigation risk
To maximize hiring efficiency, your business has decided to employ artificially intelligent technology to scope out job applicants and recommend top candidates. Unbeknownst to your business, the technology’s algorithm is biased in favor of white male candidates. Your business is sued for hiring discrimination. Could the business be held liable? If not, who could be?
Read the full blog post
Considerations and Risks of AI in Employment Decisions
The tech world trend of artificial intelligence (“AI”) is becoming increasingly prevalent in employment matters. For example, employers are using AI to attract candidates, evaluate job performance and automate certain positions; however, there are controversies over the use of AI, including it resulting in the continuation of patterns of bias and discrimination in employment-related decision making and the potential of compromising privacy rights.
Read the full blog post
An AI a Day Keeps the Doctor Away?: Regulating Artificial Intelligence in Healthcare
Artificial Intelligence (“AI”) promises to transform many aspects of everyday life for Canadians. AI tools are predicted to dramatically improve the provision of heath care by improving the quality, safety, and efficiency of diagnostic tools, treatment decisions, and care.
Read the full blog post
AI in the Canadian Financial Services Industry
In recent years, players within Canada’s financial services industry, from banks to Fintech startups, have shown early and innovative adoption of artificial intelligence (“AI”) and machine learning (“ML”) within their organizations and services. With the ability to review and analyze vast amounts of data, AI algorithms and ML help financial services organizations improve operations, safeguard against financial crime, sharpen their competitive edge and better personalize their services.
Read the full blog post
AI and its Role in the Anne Frank Cold Case
Canadian Author Rosemary Sullivan’s book, The Betrayal of Anne Frank: A Cold Case Investigation, drew worldwide attention upon its publication on January 17, 2022. The book documents research from a five-year investigation into who betrayed Anne Frank by alerting the Nazis to her and her family’s whereabouts.
Read the full blog post
Key Takeaways from McCarthy Tétrault’s 12th Annual National Retail and Consumer Markets Summit
Earlier this year, the Firm hosted our 12th Annual National Retail and Consumer Markets Summit – our annual client-focused event that canvasses a selection of the most timely and relevant developments facing the industry, which was held virtually this year. Themes that emerged from the Summit included personalization for customers, authenticity in showing customers a company’s values and focusing on effective integration of technology into businesses.
Read the full blog post
New sanctions against Russia expand supply and sourcing prohibitions and further target the financial services sector
Canada has implemented another two rounds of sanctions against Russia. These latest amendments to the Special Economic Measures (Russia) Regulations (“Russia Regulations”) came into force on May 18 and May 27, 2022.
Read the full blog post
BC's Latest COVID-19 Restrictions Explained
In an attempt to halt the spread of COVID-19 in BC, Provincial Health Officer Bonnie Henry has issued several public health orders restricting social interactions and business operations within the province.
Read the full blog post
COVID-19: Recovery and Re-opening Tracker
As Governments and businesses turn their minds toward the recovery and re-opening of the economy, our team is closely monitoring updates from governments across Canada. The following summarizes the recovery and re-opening measures which have been announced to date in each jurisdiction.
Read the full blog post
COVID-19: Emergency Measures Tracker
In light of the outbreak of COVID-19, our team is closely monitoring updates from governments across Canada as they respond to the pandemic. The following summarizes the emergency measures that have been imposed in each jurisdiction.
Read the full blog post
Expanding into Canada – Key considerations for your business
Canada has continued to be an attractive market to businesses looking to expand. Even during the ongoing COVID-19 pandemic, many business owners have expanded their businesses into Canada, and others are considering Canadian expansion. If you own and operate a business in another country and are contemplating entering the Canadian market, there are a number of legal and business considerations to keep in mind, including areas where the legal and regulatory requirements may differ from those of your business’s home jurisdiction.
Read the full article
VAX-Law Takeaways: The State of COVID-19 Vaccine Regulation in Canada
Canadian businesses have been grappling with the fundamental question of whether to implement a vaccine mandate in their workplaces. However, the legal landscape is still evolving and companies must factor in a range of key considerations when making their decision. To provide clarity for businesses, on October 14, 2021, McCarthy Tétrault virtually hosted VAX-Law: A Policy Symposium on COVID-19 Vaccine Mandates in the Private Sector.
Read the full article
Retailer Checklist for Reopening in Canada
As COVID-19 infections decline across Canada and vaccinations ramp-up, provinces are gradually entering the first phases of their most recent reopening plans. Bricks-and-mortar retailers have reason to be optimistic, with the opportunity to boost operations and soon welcome customers in greater numbers.
Read the full blog post
McCarthy Tétrault advises on OCC’s Vax-Pass Tenets to support business reopening plans
September 8, 2021
In support of Ontario private sector businesses and their plans for a safe reopening and return to office, McCarthy Tétrault has played a key role in advising the Ontario Chamber of Commerce (OCC) on its proof-of-vaccination framework Vax-Pass Tenets. The framework, announced in a press release by the OCC, outlines five guiding principles for private sector businesses in Ontario as they develop their own proof-of-vaccination policies in the absence of a singular domestic system.
Read the full blog post
Federal Government extends Wage Subsidy and Rent Subsidy programs until October 2021
September 7, 2021
This article highlights the particulars announced on July 30, 2021.
Read the full blog post
BC’s Attempt to Halt the Spread of COVID-19: What the New Orders Mean for You and Your Business
September 3, 2021
In an attempt to halt the spread of COVID-19 in BC, Provincial Health Officer Bonnie Henry issued several public health orders restricting social interactions and business operations within the province.
Read the full blog post
Vaccines as a Catalyst for Transformation Business Lessons Learned from Moderna Canada
July 6, 2021
Dave Leonard’s fireside chat with Moderna Canada General Manager, Patricia Gauthier
Read the full blog post
BC’s Attempt to Halt the Spread of COVID-19: What the New Orders Mean for You and Your Business
June 17, 2021
On May 25, 2021 BC introduced a four-step reopening plan titled BC’s Restart: A plan to bring us back together. The end goal of the Plan is for BC to lift virtually all public health orders by September 7, 2021.
Read the full blog post
Privacy Commissioners Comment on Vaccine Passports
May 27, 2021
As the number of Canadians who have received their first dose of one of the COVID-19 vaccines increases and case numbers continue to decline across the country, we are seeing the slow easing of the public health orders and restrictions which, among other things, closed restaurants, limited occupancy, and curtailed travel. As a result, governments and businesses have begun to shift their focus on post-pandemic recovery, as re-opening plans continue to be rolled out.
To help facilitate this re-opening, and to encourage higher vaccination rates, “vaccine passports” are being considered by businesses, industries and various levels of government as a means of confirming a person’s COVID-19 vaccination status. On May 19, 2021, the Federal, Provincial, and Territorial Privacy Commissioners released a joint statement relating to certain privacy concerns raised by the development of vaccine passports . Citing a need to incorporate “privacy best practices” in order to achieve protections commensurate with the sensitivity of individuals’ personal health information, the Statement serves to remind of the serious privacy issues that should be considered alongside the potentially significant benefits that vaccine passports may ultimately facilitate. However, the Statement leaves open important questions of interpretation, some of which are discussed further in the following blog.
Read the full blog post
Federal Government Announces Changes to the CEWS and CERS Programs and Introduces the Canada Recovery Hiring Program
May 18, 2021
On April 19, 2021, Deputy Prime Minister and Finance Minister Chrystia Freeland tabled in the House of Commons the Liberal Government’s first federal budget in more than two years, A Recovery Plan for Jobs, Growth, and Resilience.
Read the full blog post
ESG continues to take centre stage in securities regulation in Canada and abroad
May 13, 2021
Investors and regulators are upping the ante on environmental, social, and governance (“ESG”) disclosure, especially regarding climate change.
Read the full article
Virtual Appellate Advocacy: Zoom Your Way to Success
Today, virtual advocacy is the norm—and it is likely here to stay. Having the tools to successfully navigate virtual advocacy are mandatory for any litigation lawyer, but particularly those representing clients at the appellate level where strong oral advocacy can radically impact the results. In this article, we set out the top tips from McCarthy Tétrault’s seasoned appellate advocates for effective virtual advocacy.
Read the full article
Cancelled Trips During COVID-19: Consumer Protection BC Weighs in on Travel Refunds Under the Business Practices and Consumer Protection Act
May 11, 2021
Consumer Protection BC recently issued an advisory informing consumers about their rights under provincial law to receive refunds for travel.
Read the full blog post
Key Takeaways from our ‘Spring Outlook: The Business Impact of the Federal Budget and Recent Geopolitical Events” Panel Discussion
May 6, 2021
On April 29, 2021, McCarthy Tetrault’s Strategic Advisory Group hosted “Spring Outlook: The Business Impact of the Federal Budget and Recent Geopolitical Events”.
Read the full article
2021 Canadian Federal Budget – Top 5 Tax Measures
April 27, 2021
On April 19, 2021, Deputy Prime Minister and Finance Minister Chrystia Freeland tabled the Liberal Government’s 2021 budget (“Budget 2021”), the first federal budget in over two years. Budget 2021 includes a number of significant tax proposals. Five key tax proposals are briefly described below.
Read the full article
Returning to Normalcy: The Unwinding of Financial Sector COVID-19 Measures in Canada
April 23, 2021
In the early days of the COVID-19 pandemic, uncertainty and volatility ran rampant in the world, including in its financial markets. Implemented with the goal of ensuring sufficient capital and liquidity in the financial markets, a wave of measures were taken by Canada’s principal financial industry regulators, the Office of the Superintendent of Financial Institutions (“OSFI”), the Department of Finance Canada and the Bank of Canada.
Read the full article
2021 Canadian Federal Budget Commentary - Tax Initiatives
April 19, 2021
On April 19, 2021, Deputy Prime Minister and Finance Minister Chrystia Freeland tabled in the House of Commons the Liberal Government’s first federal budget in more than two years, A Recovery Plan for Jobs, Growth, and Resilience (Budget 2021). Budget 2021 contains tax measures that provide additional COVID-19 support to Canadian businesses, promote clean energy, introduce new sales and excise tax measures, limit interest deductibility and address certain cross-border financing structures.
Read the full article
COVID-19 Update: New Restrictions in Ontario
April 17, 2021
On April 16, 2021, the Government of Ontario announced that it would be extending the provincial declaration of emergency and the Stay-at-Home order for an additional two weeks until May 5, 2021.
Read the full blog post
Cross-border business travel – What is the current situation?
April 15, 2021
As we have now entered the third wave of the COVID-19 pandemic and are witnessing a clear trend of rising numbers of new cases and active cases involving COVID variants, Canadians officials continue to thoroughly enforce all applicable travel restrictions and sanitary measures at the border to limit the spread of COVID-19 and its variants. While foreign nationals can still be allowed to travel to Canada in some specific cases, the situation can evolve quickly, and the requirements can change on short notice. This article identifies the five key points to keep in mind if you do need to travel to Canada from the United States.
Read Now
What’s fuelling Canada’s booming IPO market? Patrick Boucher speaks to Canadian Lawyer
April 12, 2021
There is a “huge appetite” for initial public offerings (IPOs) in Canada, “especially in key sectors,” McCarthy Tétrault partner Patrick Boucher tells Canadian Lawyer. In an article, author Zena Olijnyk explores what’s fuelling Canada’s booming IPO market, drawing on Patrick’s industry-leading insights
Read the full article
What’s fuelling Canada’s booming IPO market? Patrick Boucher speaks to Canadian Lawyer
April 12, 2021
There is a “huge appetite” for initial public offerings (IPOs) in Canada, “especially in key sectors,” McCarthy Tétrault partner Patrick Boucher tells Canadian Lawyer. In an article, author Zena Olijnyk explores what’s fuelling Canada’s booming IPO market, drawing on Patrick’s industry-leading insights
Read the full article
Lessons from the Suez Canal and Other Supply Chain Disruptions
April 8, 2021
Global pandemic, blocked international trade routes, natural disasters, trade sanctions. Some of the most challenging issues for Canadian importers, distributors, sellers of goods, and manufacturers are the risks associated with the flow of goods. Despite the challenges, there are opportunities to better position for recovery and improve business practices. We have outlined five key points to keep in mind.
The BC Provincial Health Officer amends health orders to restrict indoor dining, fitness classes, and more until April 19
March 29, 2021
In an attempt to halt the spread of COVID-19 in BC, Provincial Health Officer Bonnie Henry issued several public health orders restricting social interactions and business operations within the province. These health orders are in place until further notice.
Read the full blog post
Leading With Your Jab – Vaccine Distribution and Public Policy
March 25, 2021
A list of the top 5 issues facing public policy leaders that we are watching closely as policymakers decide how to best administer the vaccine, keep people safe and healthy, and prepare for life in Canada after COVID-19. From prioritization and sequencing to the easing of lockdowns, it can be difficult to decipher and assess the decisions which are driving public policy across the country. Read further if you’re concerned about how vaccine programs and policy changes affect your business
Read Now
Navigating the Pandemic and looking ahead: Questions for the (virtual) Boardroom
March 17, 2021
As operations resume and corporations plan ahead to the post-pandemic world, senior management teams and boards must also broaden their focus. Beyond the immediate short-term challenges and risks relating to resuming operations, boards of directors and senior management must also keep the bigger picture in mind: while businesses are resuming operations, many will also have to reshape.
This article outlines the key risk management topics and issues to help directors and corporate leaders identify what they should consider in the days, weeks and months ahead as the reopening of the economy evolves and the pandemic comes to an end.
Read the full article
ESG and Beyond: Strengthening Sustainable Capitalism in a Time of Upheaval
March 11, 2021
During this year’s Second Annual GC Summit, we offered a primer and conversation starter on the environmental, social and governance (ESG) revolution, which is having an increasingly important impact on the role of the corporation within society and the role of the General Counsel within the corporation. This report provides both a bird’s eye view as well as practical ideas to support your organization’s ESG efforts.
Read the full article
COVID-19 Update: Alberta eases public health measures with move to Step 2 of “A Path Forward”
March 5, 2021
As a result of a sharp decline in hospital admissions and patients in intensive care units with COVID-19, the Government of Alberta has moved to Step 2 of their plan to ease COVID-19 related public health measures.
Read the full blog post
Federal Government extends Wage Subsidy and Rent Subsidy programs until June 2021
March 5, 2021
On March 3, 2021, the Government of Canada announced additional particulars as to how the Canada Emergency Wage Subsidy and the Canada Emergency Rent Subsidy,will apply for Periods 14 to 16 (i.e., March 14, 2021 to June 5, 2021).
Read the full blog post
Federal Government releases draft legislation to amend Wage Subsidy and Rent Subsidy programs
February 26, 2021
On February 24, 2021, the Department of Finance released draft legislative proposals to amend the Canada Emergency Wage Subsidy and the Canada Emergency Rent Subsidy.
Read the full blog post
The New Normal: A Roadmap for Business Leaders in a COVID-Continued World
February 23, 2021
As we approach the anniversary of Canada’s pandemic declaration, the lockdown and quarantine measures designed to stem the virus’ spread have assumed an air of permanence that herald long-term shifts in how we live and work.
This latest edition in our COVID-19 whitepaper series highlights the trends, risks and key considerations for Canadian businesses operating in the New Normal.
Read the report
New COVID-19 Testing and Quarantine Measures
February 15, 2021
The Canadian Government announced new COVID-19 testing and quarantine measures, applicable to all travellers to Canada, including Canadian citizens. Here is a summary of the new measures.
Read the full article
COVID-19 Update: Ontario Announces Extension of Stay-at-Home Order and Framework for Transitioning out of Shutdown
February 8, 2021
On February 8, 2021, the Government of Ontario announced an extension to the province-wide shutdown, including the stay-at-home order, for the majority of Ontario’s public health regions. As part of the announcement, the Ontario Government stated that it would return to a regional approach to gradually transition the province's 34 public health regions from shutdown to a revised and strengthened COVID-19 Response Framework: Keeping Ontario Safe and Open (the "Framework").
Read the full blog post
COVID-19 Update: Ontario Declares Second Provincial Emergency
February 8, 2021
Since our last update on January 15, 2021, the Government of Ontario has published a series of amendments to O. Reg. 82/20: Rules for Areas in Stage 1 under Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17 (the “Stage 1 Rules”). Such amendments relate to capacity limits, businesses permitted to open and school openings.
Read the full blog post
Impact of COVID-19 on the Duty to Mitigate: Early Indications in BC Supreme Court Decision
February 3, 2021
Following termination of employment, employees who are seeking damages for wrongful dismissal have a duty to mitigate their losses by taking reasonable steps to find comparable work. Employers considering issues related to common law reasonable notice in recent months should consider whether and to what extent the COVID-19 pandemic will affect the notice period.
Read the full blog post
COVID-19: What Could the Taylor Decision Mean for Interprovincial Travel?
February 2, 2021
Talk of travel restrictions, at both the federal and provincial levels, is intensifying as COVID-19 infections continue to rise and new variants generate increasing concerns for Canadians. Last week, the federal government announced it would implement mandatory testing and hotel quarantine for international travellers returning to Canada.
Read the full article
COVID-19 Update: The Alberta Government Announces a New Plan to Guide the Easing of Health Measures
January 30, 2021
On January 29, 2021, the Alberta Government announced a gradual easing of provincewide health measures. The easing will take place in a phased approach, with each step remaining subject to the number of hospitalized COVID-19 patients at that time. Once a benchmark is reached, and three weeks have elapsed since the previous step, easing of restrictions will be considered as per below.
Read the full blog post
Webinar Recap - Looking Ahead to 2021: Risk Management and Common Law Class Action Trends in 2021
January 20, 2021
In 2021, we expect class action volumes to keep increasing, driven by a number of factors including changes to third party funding, provincial law reforms, and of course continuing fallout from the pandemic.
Read the full article
Webinar Recap - Looking Ahead to 2021: Where Do We Go From Here?
January 18, 2021
Experts look at the road ahead for the US-Canada relationship, the prospects of a federal election, vaccine distribution, and Alberta’s economy.
Read the full article
Financial Consumer Agency of Canada seeks to understand the impact of COVID-19 on Canadian Financial Consumers
January 12, 2021
The Financial Consumer Agency of Canada (FCAC) is conducting two surveys to gain a better understanding of Canadians' use of bank products and services during the pandemic and to gauge the impact of the pandemic on their overall financial wellness.
Read the full article
Webinar Recap - Looking Ahead to 2021: How COVID-19 Will Continue to Reshape Your Business in 2021
January 12, 2021
In December, we convened some of our leading practitioners for a series of (virtual) round table discussions on the continuing impact on COVID-19 on our clients’ businesses. From class action risk and securities offerings to supply chain disruptions and political maneuvering, our experts broke down the top trends and opportunities to watch out for in 2021.
Read the full article
New Health Measures for Travelers Entering Canada - COVID-19
January 11, 2021
During a press conference on January 6, 2021, Canada's Transport Minister, Marc Garneau, announced that a negative COVID-19 test will now be required in order to enter the country by aircraft.
Read the full blog post
COVID-19 Update: Ontario Extends Lockdown in Northern Ontario and Online Learning for Elementary Students in Southern Ontario
January 8, 2021
On January 7, 2021, the Ontario government announced a 14 day extension to the current lockdown in Northern Ontario. This extension will apply to all seven public health unit regions located in Northern Ontario. The extension will also align the duration of the lockdown in Northern and Southern Ontario.
Read the full blog post
Quebec Tightens and Extends Lockdown Measures, Imposes Curfew
January 6, 2021
On January 6, 2021, the Quebec government announced extended shutdowns and tightened restrictions to prevent the spread of COVID-19, including a curfew. The measures will be in effect from January 9 to February 8.
Read the full blog post
Home Office Expenses – New Simplified Deduction Methods, New Taxable Benefit Exception, and Employer Obligations
January 4, 2021
On November 30, 2020, Deputy Prime Minister and Minister of Finance Chrystia Freeland released Supporting Canadians and Fighting COVID-19: Fall Economic Statement 2020. The Fall Economic Statement contained a commitment to allow employees working from home in 2020 due to COVID-19 to deduct up to $400 in home office expenses without the need to obtain a Form T2200 from their employers certifying certain conditions in section 8 of the Income Tax Act (Canada) had been met. On December 15, 2020, the Canada Revenue Agency released details of the simplified home office expense deduction as well as a $500 taxable benefit exception for computer and home office expenses.
Read the full blog post
COVID-19 Update: Ontario Announces Provincewide Lockdown Effective December 26, 2020
December 22, 2020
On December 21, 2020, the Government of Ontario announced a temporary provincewide shutdown effective 12:01 a.m. on December 26, 2020. The Shutdown will remain in place for 14 days for public health unit regions in Northern Ontario, and 28 days for public health unit regions in Southern Ontario.
Read the full blog post
Quebec Cancels Boxing Day: Additional Shutdown Measures Announced Affecting Retail Businesses in the Province
December 21, 2020
On December 15, 2020, the Quebec government announced additional shutdown measures for the holiday period to prevent the spread of COVID-19, which affect almost all retail businesses in the province.
Read the full blog post
Tax Measures Under Canada's COVID-19 Economic Response Plan
December 18, 2020
Leading lawyers from our National Tax Group break down the new set of tax and economic measures released under Canada’s COVID-19 Economic Response Plan (the “Response Plan”) to support the Canadian economy during the COVID-19 global pandemic.
Read the full article
COVID-19 Update: Ontario Government Further Extends Infectious Disease Emergency Leave to July 3, 2021
December 18, 2020
The Ontario government has amended Regulation 228/20 made under the Employment Standards Act, 2000 to extend the COVID-19 Period for Infectious Disease Emergency Leave from January 2, 2021 to July 3, 2021.
Read the full blog post
COVID-19 Update: Alberta Government Expands Mandatory Province-Wide Restrictions on the Workplace, Business Operations and Social Gatherings
December 9, 2020
On December 8, 2020, the Alberta Government announced expanded mandatory, province-wide restrictions, which will be in effect until at least January 12, 2021.
Read the full blog post
COVID-19 Update - New Measures in Quebec
December 3, 2020
As the COVID-19 cases in Québec are continuing to increase, the Quebec government is progressively announcing measures which may have an impact on businesses, particularly in the retail sector, and on employers. Here is an update of the most recent news announced during this first week of December.
Read the full blog post
Canadian Government provides further details of the CEWS and CERS for Periods 11 to 13
December 3, 2020
On November 30, 2020, the government of Canada released its much-anticipated Fall Economic Statement, which, among other things, included further details of the Canada Emergency Wage Subsidy and Canada Emergency Rent Subsidy programs in respect of Periods 11 to 13 (i.e., December 20, 2020 to March 13, 2021).
Read the full blog post
COVID-19 Update: Lockdown Restrictions in Toronto and Peel and More
November 23, 2020
On November 20, 2020, the Government of Ontario announced that it would be moving certain public health unit regions to new levels in its Keeping Ontario Safe and Open Framework.
Read the full blog post
Bill C-9 Enacted – New Rent Subsidy and Amended Wage Subsidy
November 20, 2020
On November 5, 2020, the government of Canada tabled Bill C-9, An Act to Amend the Income Tax Act, in the House of Commons. Bill C-9 received Royal Assent on November 19, 2020 and is now law. Bill C-9 amends the Income Tax Act to (i) implement previously announced changes to the existing Canada Emergency Wage Subsidy program, and (ii) establish the new Canada Emergency Rent Subsidy program.
Read the full blog post
9 Key Takeaways from the McCarthy Tétrault “Our Common Frontier: What the Next President of the United States Means for Canada” Panel
Novemember 19, 2020
On November 10, 2020, McCarthy Tétrault hosted Our Common Frontier: What the Next President of the United States Means for Canada, a panel discussion that focused on the impact that the 2020 United States Election (the “Election”) could have on Canada.
Read the full blog post
Canadian Government introduces Bill C-9 to extend Wage Subsidy and implement Rent Subsidy
November 6, 2020
On November 2, 2020, Deputy Prime Minister and Minister of Finance Chrystia Freeland introduced Bill C-9, An Act to Amend the Income Tax Act , in the House of Commons. Bill C-9, if enacted, would implement amendments to the Income Tax Act (Canada) to, inter alia, (i) extend the Canada Emergency Wage Subsidy until June 30, 2020, and (ii) implement the Canada Emergency Rent Subsidy.
Read the full blog post
New CEWS Developments – October 2020 Announcements
October 19, 2020
On October 9, 2020, the Government of Canada announced its intention to extend the Canada Emergency Wage Subsidy (“CEWS”) until June 2021. According to the release, the CEWS will remain at “the current subsidy rate of up to a maximum of 65% of eligible wages until December 19, 2020.” The announcement extending the current maximum CEWS amount represented a change from the then existing legislation, which gradually reduces the maximum CEWS amount available in respect of active employees.
Read the full blog post
The Speech from the Throne: The Impact on your Business
October 16, 2020
McCarthy Tétrault’s Strategic Advisory Group analyzed the Federal Government’s recent Throne Speech and shares strategic insights on how it will impact the Canadian economy as we continue to face the economic and social challenges perpetuated by COVID-19.
Read the full article
COVID-19 Update: Modified Stage 2 Restrictions and Targeted Health Measures for Toronto, Ottawa and Peel Region
October 9, 2020
In an effort to address the recent rise of COVID-19 cases in Toronto, Ottawa and Peel, the Government of Ontario announced new closures and additional targeted public health measures in the Toronto, Ottawa and Peel public health unit regions.
Read the full blog post
Bill 66 : Restarting of the Quebec Economy 2.0
October 6, 2020
On September 23, 2020, the Quebec Government tabled Bill 66 – An Act respecting the acceleration of certain infrastructure projects. This Bill seeks to facilitate the development of economic recovery programs to compensate from the impacts of the COVID-19 pandemic through various acceleration measures in terms of public contracts, environment, expropriation and land use planning.
Read the full article
Government Announcements re CEWS for Furloughed Employees
October 2, 2020
This blog comments on recent developments in respect of the calculation of the Canada Emergency Wage Subsidy for furloughed employees, including the Canadian Government’s September 25, 2020 announcement to extend the Period 7 (August 30, 2020 – September 26, 2020) treatment to apply to Period 8 (September 27, 2020 to October 24, 2020) as well.
Read the full blog post
McCarthy Tétrault’s Cyber/Data Group gives business leaders 360° view of data and cyber strategy
September 28, 2020
Combining a national presence and integrated cross-practice approach, McCarthy Tétrault’s enhanced Cyber/Data Group is focused on providing a 360° view of data and cyber strategy to deliver legal and business solutions that mitigate risks and unlock value-generating potential across numerous industries. The Group is led by partners Dan Glover and Charles Morgan, who have acted on several of the largest and most complex cyber/data mandates in Canadian history.
Learn more
Canadian Government Extends Wage Subsidy
September 24, 2020
In the Speech from the Throne on September 23, 2020, the Government of Canada announced that it plans to extend the Canada Emergency Wage Subsidy (“CEWS”) through to the summer of 2021.
Read the full blog post
OSFI Updates COVID-19 Measures
September 1, 2020
On August 31, 2020, the Office of the Superintendent of Financial Institutions (“OSFI”) issued a press release announcing that it is phasing out certain measures put in place earlier this year in response to the COVID-19 pandemic, relating to the special capital treatment of loan and insurance premium payment deferrals.
Read the full article
COVID-19: Economic Relief Measures Announced to Date
August 28, 2020
Leading lawyers from across the firm break down the economic relief measures put in place by the federal and provincial governments to date. This article will be regularly updated with new measures as they are announced.
Read the full article
As Global Pandemic Spreads, Economic Sanctions and Humanitarian Exemptions Coming into Focus for the Business and NGO Communities
August 24, 2020
COVID-19 pandemic is increasingly forcing exporters, financial institutions, non-governmental and civil society organizations (“NGOs”) and others to deal with prohibitions or restrictions imposed under economic sanctions as they apply to goods, services and technology provided in connection with COVID-19-related sales abroad as well as other humanitarian relief efforts.
Read the full blog post
Release of updated CRA CEWS Calculator and Other CEWS Guidance
August 11, 2020
On August 11, 2020, the CRA released updated CEWS guidance documents and announced that applications for period 5 (i.e., July 5 to August 1) will open August 17, 2020. This alert includes links to the updated CRA guidance and to our Firm’s detailed commentary on the CEWS.
Read the full blog post
The Nominee-Director Dilemma
August 10, 2020
The COVID-19 pandemic forces businesses to make significant and, at times, difficult decisions. In the current context, businesses may need to incur additional indebtedness or seek further equity investments, which can create opportunities. Looking at the decision-making process of corporations through the lenses of an institutional or private equity investor, this bulletin serves as a refresher with respect to the duties, responsibilities and liabilities of nominee directors and investors.
Read the full blog post
Minister Extends Time Frame for National Security Reviews
August 7, 2020
The Minister of Innovation, Science and Industry has issued a Ministerial Order under the Time Limits and Other Periods Act (COVID-19), extending certain periods relating to the national security review process under the Investment Canada Act. This article discusses the key changes to the national security timelines and implications for foreign investments in Canada in the COVID environment.
Read the full article
Building Trust Into COVID-19 Recovery: Ethical Data
6 August, 2020
The third installment of our “Building Trust Into COVID-19 Recovery” series took place on June 19, 2020, during which Christine Ing (McCarthy Tétrault, Partner and Co-Leader of Technology Law Group and FinTech Group) sat down with Jeff Lui (Deloitte, Director of Artificial Intelligence) to discuss AI technologies and the ethical use of large data sets with such technologies. To see a recording of the webinar presentation, please click here.
Read the full blog post
Building Trust Into COVID-19 Recovery: Privacy, Data Protection and Trust
August 5, 2020
The second installment of our “Building Trust Into COVID-19 Recovery” series took place on June 11, 2020. Michael Scherman (McCarthy Tétrault, Associate) sat down with Beth Dewitt (Deloitte, Canadian Leader, Data Protection and Privacy) to discuss current trends and best practices with respect to privacy and data protection. To see a recording of the webinar presentation, click here.
Read the full blog post
Building Trust Into COVID-19 Recovery: Resilient Leadership
August 4, 2020
As a part of our “Building Trust Into COVID-19 Recovery” series, on June 4, 2020, Christine Ing sat down with Jennifer Lee to discuss embedding trust in our organizations as a means to recover from the COVID-19 pandemic successfully. To see a recording of the webinar presentation, click here.
Read the full blog post
CEWS Update – Detailed Tax Commentary on the CEWS Amendments in Bill C-20
August 3, 2020
On July 17, 2020, the government of Canada released details, as well as draft legislative proposals to amend, inter alia, the Income Tax Act (Canada), in respect of a redesigned Canada Emergency Wage Subsidy program. The legislative proposals, in the form of Bill C-20, An Act respecting further COVID-19 measures, received Royal Assent on July 27, 2020, and are now law.
Read the full blog post
Technology Governance in a Time of Crisis
July 31, 2020
A major international report on the responsible governance of COVID-19 contact tracing technologies, published by the Human Technology Foundation with contributions from McCarthy Tétrault lawyers and members of the International Technology Law Association.
Written by a multi-disciplinary team of 45 technicians, lawyers and ethicists from 13 different countries, the report develops a detailed framework of analysis of the components of effective technological governance in times of crisis.
Read the full article
Contact Tracing Applications Flatten the Curve and Raise Privacy Issues
July 29, 2020
Contact tracing applications are a public health solution that Canadian governments are considering to combat the COVID-19 pandemic. While these apps can help flatten the curve, they also raise particular privacy and cybersecurity issues.
Read the full article
Alberta Announces Attractive 20% R&D Grant to Boost Tech Sector
July 29, 2020
Alberta’s new Innovation Employment Grant will provide substantial grants to technology companies and start-ups. Part of the Alberta Recovery Plan, the IEG will give qualifying companies 8 – 20% of their base R&D spend.
Read the full article
Indirect Tax Opportunities in a Precarious Economic Context
July 24, 2020
This article covers indirect tax opportunities provided for under the existing legislation that businesses should consider in the current economic context.
Read the full article
Bill 197: Ontario’s sweeping COVID-19 recovery legislation — Key Takeaways for your Business
July 21, 2020
On July 8, the Ontario government introduced Bill 197, the COVID-19 Economic Recovery Act, 2020. The omnibus bill proposes to amend twenty provincial statutes, with the stated objective of jumpstarting economic growth and laying the groundwork for long-term, sustainable recovery, by simplifying regulatory processes in a number of different statutory contexts.
Read the full article
COVID-19: Can They do That? Emergency Powers Across Canada
July 20, 2020
In this series, leading lawyers including Eric S. Block and Adam Goldenberg provide a brief overview of the current state of federal and provincial emergency legislation, how our governments are using (and could eventually use) their statutory powers to confront COVID-19, and what the effects of their efforts on Canadian businesses might be. They also canvass some of the constitutional constraints on government action.
Read Part I of the series (Ontario)
Read Part II of the series (Federal)
Read Part III of the series (British Columbia)
Read Part IV of the series (Alberta)
Read Part V of the series (Manitoba, New Brunswick, Newfoundland and Labrador, the Northwest Territories, Nunavut, Prince Edward Island, Saskatchewan and Yukon)
Read Part VI of the series (Federal) (July 20, 2020)
Read Part VII of the series (Québec)
Read Part VIII of the series (Ontario, Québec, British Columbia, Alberta, Federal)
Read Part IX of the series (Canada wide)
CEWS Update – Federal Government redesigns CEWS for Period 5 and onwards
July 19, 2020
On July 17, 2020, the federal government released details, as well as draft legislation, in respect of a redesigned Canada Emergency Wage Subsidy (the “CEWS”) program. In this piece, members of our Tax Group provide a summary of the key changes. Links to the draft legislative proposals and corresponding backgrounder, as well as prior commentary from our Firm on the CEWS, are also provided.
Read the full blog post
Top 5 Trends in Foreign Investment Review
July 17, 2020
The COVID-19 pandemic triggered a wave of reform amongst foreign investment regulators, as governments attempted to secure their economies for unprecedented fallout. We have outlined five top Investment Canada Act trends thus far in 2020, which we expect to continue for the duration of the year.
Read the full article
CEWS Update – Prime Minister says CEWS to be extended to December 2020
July 14, 2020
During a press conference on July 13, 2020, Prime Minister Justin Trudeau stated that the Canada Emergency Wage Subsidy (the “CEWS”) will be extended to December 2020 (the “December Extension”). No further particulars were provided in respect of the December Extension; however, the Prime Minister indicated that a formal announcement would be forthcoming this week.
Read the full blog post
Limits on emergency powers in British Columbia: Ombudsperson concludes that two COVID-19 orders were unlawful
July 6, 2020
The Ombudsperson of British Columbia recently concluded that two of the provincial government’s COVID-19 emergency orders were unlawful: they exceeded the Minister of Public Safety and Solicitor General’s statutory powers under the Emergency Program Act (the “EPA”).
Read the full article
Business as Unusual: New Realities, New Possibilities- A Roadmap for Business Leaders
The novel coronavirus began as a public health crisis but has quickly become an unprecedented socio-economic crisis, affecting our way of life and business across all industries and all sectors of the economy.
Looking ahead, we expect the economic impact of the COVID-19 emergency to unfold in three distinct phases, each of which will present distinct challenges and potential opportunities.
Read the report
A New Leadership Paradigm for a New Work Economy
June 25, 2020
A recent panel discussion co-hosted by McCarthy Tétrault LLP and Deloitte Canada surfaced important leadership principles for today’s executives who are facing a paradigm shift in the work economy. The juxtaposition of the pre-COVID work environment and the emerging new work economy, have left many scrambling to adapt their leadership style to the “Future of Work” which arrived sooner than anyone could have predicted.
Long-standing management principles have been flipped on their heads. To manage at the pace of change, leadership will need to be just as flexible and agile.This article explores how the most effective business leaders are shifting their approaches and mindsets to stay ahead of the curve.
Read the full article
Bill 23: the Commercial Tenancies Protection Act
June 19, 2020
Alberta bans, inter alia, Commercial Lease terminations and Evictions During COVID-19 Pandemic, subject to qualifications.
Read the full blog post
Seeking Economic Relief - Top 5 Tips
June 16, 2020
Finding ourselves in the throes of an unprecedented global economic crisis, organizations across all sectors are keen to explore economic relief programs offered by the federal and provincial governments. However, it can be difficult to identify which programs apply and how to access them, depending on an organization’s sector, jurisdiction, size, and other important criteria.
Explore what is available to your organization
CEWS Update – CRA Provides Particulars for Period 4 CEWS Extension
June 16, 2020
In this blog, our Tax Group provides a breakdown of a recent announcement by the Government of Canada with respect to the Canada Emergency Wage Subsidy (CEWS).
Read the full blog post
CSA Streamlines Rules for At-The-Market Offerings
June 15, 2020
The Canadian Securities Administrators published final amendments to National Instrument 44-102 - Shelf Distributions, that, among other things, eliminate the requirement to obtain exemptive relief from certain regulatory requirements necessary for issuers who wish to conduct at-the-market offerings in Canada.
Read the full blog post
Supply Chain Challenges – The Whole Picture
June 15, 2020
Supply chains globally have been significantly impacted, with very serious consequences, because of COVID-19. Even as the economy starts to reopen, supply chain issues continue to be top of mind for leaders across many industries as companies navigate new and evolving business norms.
We asked seven questions to seven leading lawyers at McCarthy Tétrault with expertise on the various areas of supply chain.
Here’s what they had to say
COVID-19: Impacts on Canadian Customs and Trade Program
June 15, 2020
As Canadian importers and exporters have sought to navigate the trade flow disruptions caused by COVID-19, both industry and government have sought to develop policies and programs that facilitate urgent supply chain management.
Read the full blog post
Whistleblowing in a Global Pandemic: Are You Ready?
June 12, 2020
In 2002, following the explosion of the dot-com bubble, Time Magazine named three whistleblowers “persons of the year”. In 2008, during the recession following the collapse of the housing bubble, Bernie Madoff’s 65 billion dollar Ponzi Scheme was exposed.
History has taught us that economic recessions not only unfortunately encourage fraud but also cause existing unethical conduct to come to light. The COVID-19 pandemic has created an unprecedented global economic crisis and whistleblowing is, as expected, already on the rise.
If adequately prepared, organizations will be able to handle this properly and mitigate associated risks, including reputational risks.
Read the full article
Bill 61 : Restart of the Quebec Economy and Mitigation of the Consequences of the Public Health Emergency
June 8, 2020
On June 3, 2020, the Quebec Government tabled Bill 61 – An Act to restart Quebec’s economy and to mitigate the consequences of the public health emergency declared on March 13, 2020 because of the COVID-19 pandemic (the “Bill”). The Bill is the first of its kind in Canada and is part of a trend of implementing legislation in order to accelerate major infrastructure projects.
Read the full article
COVID-19 and Litigation Risk: How can businesses respond to Litigation or a Litigation-Precipitating COVID-19 Event?
June 8, 2020
This last installment of the three-part series on litigation and COVID-19, covering risks, mitigation, and disputes, identifies key actions to consider in the event of litigation or a litigation-precipitating event, such as confirmation of COVID-19 on the premises.
Read part three of the series
COVID-19 and Litigation Risk: How can businesses reduce the risk of future litigation?
June 4, 2020
In the second instalment of our three-part series covering litigation and COVID-19, we consider steps businesses can take now and going forward to reduce their risk of being sued as a result of circumstances arising from COVID-19.
Read part two of the series
COVID-19 and Litigation Risk: Does your back-to-work strategy plan for litigation risks?
June 3, 2020
In the first instalment of our three-part series covering litigation and COVID-19, we discuss some of the potential COVID-19 related litigation risks that businesses may face in the upcoming weeks and months, and need to be aware of and plan for as part of a comprehensive back-to-work strategy.
Read part one of the series
COVID-19 and Private funds – What’s Next?
June 2, 2020
This article explores the nature and extent of the repercussions of the pandemic on private equity and venture capital funds and offers some practical solutions to help promote a successful market relaunch.
Read the full blog post
10% Temporary Wage Subsidy Update
May 29, 2020
In this e-alert, our Tax Group provides an update on recently released regulations for purposes of the 10% Temporary Wage Subsidy, and the interaction between that subsidy and the Canada Emergency Wage Subsidy (CEWS).
Read the full blog post
CSA issues additional temporary relief to investment funds and non-investment fund issuers for certain regulatory filing deadlines
May 26, 2020
On May 20, 2020, the Canadian Securities Administrators (the “CSA”) released two blanket orders that would provide temporary relief to investment funds and non-investment fund issuers for certain regulatory filing deadlines.
Read the full blog post
Canada Emergency Wage Subsidy Update
May 16, 2020
A breakdown of recent changes to the Canada Emergency Wage Subsidy (the “CEWS”) announced by the Government of Canada.
Read the full blog post
COVID-19 Update: Alberta Workplaces Must Develop and Implement COVID-19 Plans and Post Within 7 Days of Re-opening
May 15, 2020
As part of its Relaunch Strategy, the Alberta Government has ordered Alberta workplaces to develop and implement COVID-19 plans to minimize the risk of transmission of infection among persons working at or attending the business. These plans must be posted within 7 days of the public being able to attend the business.
Read the full blog post
COVID-19: Steps to Recovery - Ontario Permits the Re-opening and Expansion of Certain Businesses and Activities in Time for the Victoria Day Long Weekend
May 14, 2020
This blog provides an update on Ontario's steps to recovery, detailing the announcements made by the Ontario Government on May 14, 2020 permitting further staged re-opening of certain businesses and activities.
Read the full blog post
Government of Canada Establishes Large Employer Emergency Financing Facility and Expands the Business Credit Availability Program
May 13, 2020
Businesses in all sectors across Canada are under severe and unprecedented pressure. Due to COVID-19, consumer demand is at an all-time low. Large companies are struggling to obtain access to capital to stay afloat during this difficult time. On May 11, 2020, the Government of Canada announced much-anticipated programs to facilitate financing for large Canadian companies.
Read the full blog post
CSA Publishes Guidance on Continuous Disclosure Obligations in the Context of COVID-19
May 13, 2020
On May 6, 2020, the Canadian Securities Administrators published a presentation with MD&A, financial information and material change guidance on the application of continuous disclosure obligations and considerations for issuers in the context of COVID-19. Our recent blog post on the subject summarizes and adds our insight on the key elements discussed in this presentation.
Read for the full blog post
What’s happening in shareholder activism in Canada?
May 11, 2020
Partners from our M&A Group discuss the state of shareholder activism in Canada in the wake of the COVID-19 pandemic.
Read the full blog post
Remission Order provides relief of customs duties for eligible PPE goods
May 7, 2020
On May 6, 2020, the CBSA issued Customs Notice 20-19 on the Certain Goods Remission Order (COVID-19), which provides for the relief of customs duties for eligible COVID-related goods that are imported on or after May 5, 2020. Relief under the Order can be claimed at the time of importation, or within two years of the date of importation.
Read the full blog post
COVID-19 Update: Alberta’s Gradual Re-Opening of the Economy
May 1, 2020
Lawyers from our Calgary office summarize the re-opening measures recently announced by the Alberta provincial government. This article will continue to be updated as further measures are introduced in the province.
Read the full article
Shareholder Meeting Procedure in a Virtual Age – What to Expect
May 1, 2020
This proxy season, many Canadian public companies will be conducting their annual shareholder meetings in a virtual-only format for the first time. This article sets out certain considerations regarding the conduct of a virtual meeting and discusses how meeting rules and procedures may be applied in this context.
Read the full blog post
COVID-19 Update: The Government of Ontario Announces a Framework to Re-Open the Economy
April 27, 2020
On April 27, 2020, Premier Doug Ford announced Ontario’s framework for re-opening the economy. This blog provides a summary of the three-stage process proposed by the Government.
Read the full blog post
COVID-19 and Canada’s anti-spam law CASL
April 24, 2020
The COVID-19 pandemic is forcing organizations to adapt their marketing to reach new customers using emails and other forms of electronic communications. However, many of these commercial electronic messages are illegal to send under Canada’s anti-spam law, CASL.
Read the full blog post
BC Uses Emergency Powers to Secure Supply Chain, Defines “Essential Services”
April 20, 2020
A breakdown of the British Columbia Minister of Public Safety and Solicitor General's announcement of a series of unprecedented ministerial orders “to secure critical supply chains and safeguard the most vulnerable”.
Read the full article
ISS and Glass Lewis Provide Guidance in Response to the COVID-19 Pandemic
April 20, 2020
In light of the COVID-19 pandemic, Institutional Shareholder Services (ISS) and Glass Lewis have provided guidance on the application of some of their voting policies for the upcoming proxy season. This article summarizes the approach taken by the proxy advisory services with respect to certain corporate governance issues relevant to Canadian issuers.
Read the full blog post
After Much Anticipation, Federal Government Announces Support for the Oil & Gas Sector
April 17, 2020
An international price war, along with a demand slump caused by the global COVID-19 pandemic, is having a devastating impact on oil and gas across Canada. This article provide a brief summary of the relief announced by Federal and Provincial governments for Canada’s oil and gas sector.
Read the full article
COVID-19: Limits on Governments’ Emergency Powers
April 16, 2020
Even in responding to a pandemic, governments cannot act without constraint. In this update, leading litigators Michael Feder, Q.C., Eric S. Block and Adam Goldenberg examine the constitutional and statutory limits on governments’ powers under emergency and public health legislation – and how the courts may ultimately enforce them.
Read the full article
COVID-19 and Privacy: Artificial Intelligence and Contact Tracing in Combatting the Pandemic
April 15, 2020
COVID-19 is having a debilitating effect on people’s health and their economic well-being. Getting the economy opened up could be facilitated by using innovations in artificial intelligence and contact tracing applications. The privacy issues associated with these technologies are canvassed in this blog post.
Read the full blog post
Health Canada Responds to COVID-19: Here’s What You Need to Know About its Expedited Approval Processes
April 15, 2020
In light of Canada’s exceptional and urgent need for critical personal protective equipment and sanitizer products, Health Canada has significantly streamlined the regulatory requirements associated with the manufacture and import of certain natural health products and medical devices. The blog post addresses the fast-tracking approval procedures for hand sanitizers and other natural health products, as well as personal protective equipment, such as mask, respirators, and face shields.
Read the full blog post
Brave New World of Arbitration: Updates from the World’s Major Arbitral Institutions
April 15, 2020
Lawyers from our firm’s International Arbitration Group analyze the additional guidance and updates provided by several major arbitral institutions to assist parties as they navigate their arbitral processes in the midst of the COVID-19 pandemic.
Read the full blog post
COVID-19 and Privacy: Artificial Intelligence and Contact Tracing in Combatting the Pandemic
April 15, 2020
COVID-19 is having a debilitating effect on people’s health and their economic well-being. Getting the economy opened up could be facilitated by using innovations in artificial intelligence and contact tracing applications. The privacy issues associated with these technologies are canvassed in this blog post.
Read the full blog post
Canadian Federal Wage Subsidies During the COVID-19 Pandemic
April 15, 2020
In this alert, members of our tax team provide a detailed overview of amendments made to the Income Tax Act (Canada) to implement: (i) the Canada Emergency Wage Subsidy (“CEWS”) and (ii) the 10% temporary wage subsidy which is separate from (but reduces) the CEWS. This detailed commentary is a companion piece to the more general summary of the CEWS prepared by our labour group
Read the full blog post
Can I Get a Witness? Will Executions During COVID-19
April 12, 2020
Self-isolation and social distancing have made it difficult to execute a Will at a time when many are thinking about making or changing theirs. Welcome relief came to Ontario in April through an emergency order in council allowing for virtual witnessing during the COVID-19 crisis, through audio-visual communication technology.
Read the full article
COVID-19-Related Competitor Collaborations: Proceed with Caution
April 8, 2020
Considering a crisis collaboration with a competitor? Read this first.
Read the full article
Working from Home: Cybersecurity Checklist
April 6, 2020
Working from home creates new cybersecurity challenges in a world where data breaches can lead to regulatory investigations, class action lawsuits and damage to your reputation. This post provides helpful steps your organization can take to protect itself.
Read the full blog post
Considerations for Directors During the COVID-19 Pandemic
April 5, 2020
As the COVID-19 pandemic continues to affect Canadian businesses in a significant manner, corporations face a range of challenges. This articles addresses considerations for directors and outlines their duties and responsibilities in light of such challenges.
Read the full blog post
Alberta Suspends Routine Environmental Reporting Requirements
April 3, 2020
On March 31, 2020 in response to the COVID-19 public health emergency, Alberta’s Minister of Environment and Parks by Ministerial Orders modified many routine environmental reporting requirements under Alberta’s key environmental legislation. This step is an acknowledgment of the hardship facing many companies
Read the full blog post
How will COVID-19 shape the future of arbitration?
April 2, 2020
Lawyers from our International Arbitration Group break down the impact of court closures, and discuss additional options that the world of arbitration provides to the legal system during the COVID-19 global pandemic.
Read the full blog post
BC’s Data Sovereignty Rules Relaxed: Practical Implications of COVID-19 Order
April 2, 2020
British Columbia has temporarily relaxed its data sovereignty requirements for the public sector due to COVID-19. In this article, our BC privacy lawyers set out practical considerations for public bodies to assess the adoption of tools that store personal information outside of Canada.
Read the full blog post
Potential class action exposure in Canada in the wake of COVID-19
Canadian companies are facing sweeping and unprecedented challenges in the wake of the COVID-19 pandemic. Companies also face a risk of class actions being filed arising from a company’s response to COVID-19.
Read the full blog post
Ontario government issues emergency order providing flexibility with respect to shareholder and director meetings
April 1, 2020
Leading lawyers from our Canadian Securities Regulatory Monitor blog, including partners Wendi Locke, Andrew Parker and Patrick Boucher discuss Ontario’s emergency order enacted March 31, 2020 allowing for OCBA corporations to hold virtual or electronic shareholder and directors meetings and extending the deadline by which annual shareholder meetings are to be held.
Read the full blog post
IIROC offers limited discretionary exemption relief from IIROC rules to address COVID-19 situation
April 1, 2020
The IIROC Board of Directors approved the offering of time-limited exemptive relief in a number of areas to IIROC Dealer Members who are experiencing difficulties in complying with certain IIROC rules as a result of the COVID-19 situation. IIROC has elected to follow a case by case application-based approach where the applicant will have to make a showing that the relief is driven by the COVID-19 situation and that the spirit of the IIROC rule from which exemption is sought is being respected.
Read the full blog post
US Travel Restrictions Related to COVID-19
March 27, 2020
In an effort to control the spread of COVID-19, the US has implemented sweeping travel restrictions during the last few weeks. Travellers need to be aware of these changes and to continuously keep abreast of updated rules, because travel restrictions and quarantine measures can change at any time.
Read the full blog post
COVID-19 : Available solutions to the challenges resulting from the current crisis and the different restructuring alternatives at your disposal
March 26, 2020
In this post by lawyers in our Bankruptcy & Restructuring Group, we share a high-level review of some of the available options in light of the current economic situation caused by the pandemic.
Read the full blog post
COVID-19: Canadian Government Can Now Use Patented Inventions to Respond to the Public Health Emergency
March 25, 2020
In response to the COVID-19 pandemic, the government of Canada quickly gave itself the authority to use and even sell inventions that have been patented by others, to the extent necessary to respond to the public health emergency.
Read the full article
COVID-19 and Electronic Contracting
March 25, 2020
For years, organizations have moved their businesses digital. To consummate transactions and to otherwise engage in contractual activities, organizations have increasingly relied on electronic means of contracting using everything from webwraps and clickwraps (and hybrid variations of these forms of agreements) and electronic documents executed using electronic signatures.
Read the full blog post
COVID-19 Guidance for Importers and Exporters
March 24, 2020
Leading lawyers from our International Trade and Investment Law Group provide guidance for importers and exporters so that the global movement of goods is not hampered or unnecessarily delayed.
Read the full blog post
TSX Grants Temporary Relief for Listed Issuers From TSX Company Manual Requirements in Response to COVID-19 Pandemic
March 24, 2020
Leading lawyers from our Canadian Securities Regulatory Monitor blog, including partners Patrick Boucher, Wendi Locke, Andrew Parker and Sonia Struthers, discuss the TSX Staff Notice issued March 23, 2020 regarding certain blanket relief measures that issuers can rely on amidst the COVID-19 pandemic.
Read the full blog post
Municipal Tax Measures in Canada Aimed at COVID-19 Relief
March 24, 2020
Leading lawyers from our National Tax Group break down municipal tax relief measures introduced in cities across Canada to date as a response to COVID-19.
Read the full article
The World Needs Startups During the COVID-19 Crisis
March 23, 2020
In these times of uncertainty, MT>Ventures partners, Aliya Ramji and David Frost, explain the crucial role startups play during a crisis like COVID-19 and how they can cope with the challenges arising from the pandemic.
Read the full blog post
The Impact of COVID-19 on Contractual Obligations: Force Majeure and Frustration
March 22, 2020
Leading lawyers including Eric S. Block, Kristian Brabander, Miranda Lam, Meghan Bridges and Kara Smyth discuss Force Majeure clauses and contractual obligations, as organizations deal with the continuing impact of COVID-19
Read the full blog post
From Crisis Cartels to COVID “Cures” to Merger Clearance: How the COVID-19 Pandemic is Challenging Canada’s Competition Laws
March 19, 2020
Our Competition/Antitrust & Foreign Investment Group highlights the latest developments and provides some guidance for companies wondering what they are and are not allowed to do to weather the current economic storm.
Read the full article
CSA announces 45-day extension for regulatory filings due on or before June 1, 2020 and other announcements relating to COVID-19
March 19, 2020
On March 18, 2020, the Canadian Securities Administrators (the “CSA”) announced via a press release that it will be implementing a blanket 45-day extension for certain continuous disclosure filings due on or before June 1, 2020.
Read the full blog post
COVID-19 Update - Federal Government Announces “Canada’s COVID-19 Economic Response Plan"
March 18, 2020
This morning, Prime Minister Justin Trudeau announced a new set of economic measures to assist Canadians as a result of the COVID-19 pandemic.
Read the full blog post
COVID 19: Managing Privacy and Cyber Issues
March 17, 2020
The firm's Technology and Cybersecurity, Privacy and Data Management Groups provide an overview of critical privacy and cyber issues that organizations are dealing with in the midst of the COVID-19 pandemic, including in relation to cybersecurity, the collection of personal information in an effort to limit the spread of COVID-19, and sending COVID-19 related messages.
Read the full blog post
COVID-19 Considerations from Our Bankruptcy & Restructuring Experts
March 17, 2020
Lawyers in our Bankruptcy and Restructuring group, including Jamey Gage and Heather Meredith, discuss the strain on businesses caused by COVID-19. Based on their experience assisting clients in challenging circumstances, our restructuring experts from across the country outline key steps and considerations for businesses that may be facing liquidity challenges and financial uncertainty as a result of the present circumstances.
Read the full blog post
CSA issues guidance re continuous disclosure deadlines amidst COVID-19 pandemic
March 16, 2020
On March 16, 2020, the Canadian Securities Administrators (the “CSA”) issued a press release regarding a reporting issuer missing filing deadlines amidst the COVID-19 pandemic.
Read the full blog post
Potential Insurance Coverage for Loss Caused by COVID-19
March 19, 2020
Many businesses across a range of industries have suffered significant financial loss caused by COVID-19. Members of the National Insurance Law Group explore potential insurance coverage to help offset the losses caused by COVID-19. Business interruption insurance and event cancellation insurance are specifically addressed, and practical tips are provided to help maximize potential insurance coverage.
Read the full article
Going the distance… or not: How holding virtual AGMs can help Canadian issuers navigate the COVID-19 crisis
March 12, 2020
In this post from our Securities Regulatory Monitor blog, leading lawyers including partners Clemens Mayr and Charles-Antoine Soulière, discuss how Canadian issuers can consider whether or not to hold virtual AGMs for the upcoming proxy season in response to the COVID-19 outbreak.
Read the full blog post
Podcasts
On Episode 9: Check Your Privilege, Adam Goldenberg talks to Malcolm Mercer, Treasurer of the Law Society of Ontario, about the challenges that lawyers face in fulfilling their professional obligations while working remotely. This episode is the first in a series about working from home.
This episode explores a topic of interest to everyone, not only lawyers, and although it may contain legal information, it does not provide legal advice.
On Episode 7: Force Majeure Across Canada, Adam Goldenberg speaks with Gabriel Querry and Miranda Lam about how force majeure will operate under the Civil Code of Québec and across provincial boundaries as businesses and consumers manage the impact of COVID-19.
This program qualifies for up to 0.75 hours of CPD credit under the mandatory education regimes in British Columbia and Ontario.
Barreau du Québec Continuing Education: This program contains 0.75 hours of content. Upon completion of this podcast, contact us to request your certificate of attendance.
Dans l'épisode 4 (In French only) : Rester positif en temps de crise, Chrystelle Chevalier-Gagnon discute avec Dre Tina Montreuil, professeure adjointe au département de psychologie de l’Université McGill et clinicienne spécialisée dans les troubles anxieux, d’anxiété et de résilience devant l’inconnu et l’incertitude causée par la crise actuelle
Dans l'épisode 6 (In French only) : Ce que vous devez savoir à propos de la subvention salariale d'urgence, Chrystelle Chevalier-Gagnon discute avec Marie-Soleil Landry, associée au sein du groupe de droit fiscal, de la subvention salariale d’urgence.
*Cet épisode explore un sujet qui intéresse tout le monde, pas seulement les avocats, et bien qu'il puisse contenir des informations juridiques, il ne fournit pas de conseils juridiques.
On Episode 6: Supply Chains, Face Masks and Store Shelves, Adam Goldenberg speaks with Martha Harrison about how international trade law shapes the ways in which hospitals, supermarkets, and manufacturers respond to COVID-19, and how governments and businesses can address regulatory roadblocks to ensure that global supply chains keep moving.
This program qualifies for up to 0.75 hours of CPD credit under the mandatory education regimes in British Columbia and Ontario.
Barreau du Québec Continuing Education: This program contains 0.75 hours of content. Upon completion of this podcast, contact us to request your certificate of attendance.
On Episode 3: Closing Time, Adam Goldenberg speaks to Chad Rogers of Crestview Strategy about the Government of Ontario's decision to order all "non-essential workplaces" to close. How will the government decide which workplaces are "essential" and which are not?
This program qualifies for up to 0.2 hours of CPD credit under the mandatory education regimes in British Columbia and Ontario.
On Episode 2: Acts of God, Adam Goldenberg speaks to Brandon Kain and Meghan S. Bridges about the risks and benefits of using force majeure or "act of God" clauses in commercial agreements. What happens when COVID-19 makes it impractical or impossible for businesses to fulfill their contractual obligations? How will contract law shape COVID-19's impact on the supply chain as the economy slows down?
This program qualifies for up to 0.3 hours of CPD credit under the mandatory education regimes in British Columbia and Ontario.
Dans l'épisode 2 (in French only) : La médecine des populations, Emmanuelle Poupart s'entretient avec le directeur de santé publique de l’Estrie, le Dr Alain Poirier, des mesures prises par le gouvernement dans le cadre de l’urgence sanitaire liée à la COVID-19, en précisant comment celles-ci contribuent à freiner la propagation du coronavirus.
Dans l'épisode 1 (In French only) : Faire de l’ordre dans les plus récentes mesures d’urgence du Québec, Chrystelle Chevalier-Gagnon discute avec l’ancien premier ministre du Québec, M. Jean Charest, et un avocat de droit des affaires, M. Clemens Mayr, sur la façon de naviguer les mesures annoncées le 23 mars 2020 par le gouvernement du Québec afin de réduire au minimum l’ensemble des services et activités qui ne sont pas prioritaires dans l’objectif de ralentir la progression de la COVID-19 dans la province.
Ce programme a été reconnu à titre de formation admissible pour une durée de 0,4 heure sous le régime de formation continue obligatoire de l’Ontario.
On Episode 1: Inside the Cabinet Room, Adam Goldenberg is joined by the McCarthy Tétrault Strategic Advisory Group. Together, Jean Charest, Wayne Wouters, and Paul Zed discuss how governments are (or aren’t) using their emergency powers to confront COVID-19 and how businesses should work with government for economic support.
This program qualifies for up to 0.3 hours of CPD credit under the mandatory education regimes in British Columbia and Ontario.
Webinars
COVID-19 Response Planning
We look forward to you joining us online for our panel discussion on navigating the risks associated with the COVID-19 outbreak and to answer your most pressing questions.
Learn more
Client Solutions
Distressed Transactions
Timing is crucial in a distressed business scenario. As the economic fallout from the COVID-19 pandemic progresses, we will help you quickly and successfully navigate the challenges and opportunities arising from distressed transactions.
Learn more about this client solution
Assessing Contract Terms, Including Force Majeure, Using AI
Businesses worldwide and across all industries are looking to revisit existing contracts, particularly force majeure and other contract provisions (including termination, indemnification, insurance provisions and more) to identify areas for relief. By engaging our MT>3 division, we will help you find innovative solutions to protect your business, including leveraging technology to undertake review of your contracts significantly faster than traditional, low-tech, corporate-based review and have greater accuracy, flexibility and efficiency.
Learn more about this client solution
Supply Chain Stabilization Solutions
Stabilizing your supply chains quickly is critical in sustaining business operations now and going forward. McCarthy Tétrault is here to help with a holistic assessment and stabilization plan for your supply chain providing insights based on our industry and cross-sectoral experience.
Learn more about this client solution
Annual General Meetings
In response to public health and safety concerns arising from the COVID-19 outbreak, many public companies must explore innovative options for holding their Annual General Meetings in order to meet their legal requirements. The options available come with unique challenges and risks. Let us provide the legal guidance needed to properly evaluate the options and mitigate risk so that you can decide what is best for your organization.
Learn more about this client solution
COVID-19 Response Checklist
We have developed an integrated, issues-driven checklist as a framework for considering how to respond to the effects of COVID-19. The checklist will be tailored to businesses and industries, ensuring that organizations consider the impacts most relevant to them in approaching recovery and reshaping your business to ensure long-term business success.
Learn more about this client solution
Mitigating Compliance Risk in Gaming
Gaming organizations must prepare to respond to the unprecedented compliance and anti-money laundering (AML) risks likely to arise in the aftermath of COVID-19 when operations resume. Led by some of North America’s leading AML and compliance experts in the gaming industry, MT❯Play delivers solutions to the full spectrum of compliance challenges in this environment and beyond.
Learn more about this client solution
Gaming in the Era of COVID-19
April 17, 2020
The COVID-19 pandemic has created unprecedented social and economic uncertainty. The hospitality and leisure industry has been among the hardest hit sectors of the global economy and traditional land-based gaming organizations are facing extraordinary financial pressures.