Proposed regulations: Governing new classes of Cannabis

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Is legislation pending on bankruptcy, pension plans and lenders?

Public consultations on enhancing retirement security led by the Ministry of Innovation, Science and Economic Development Canada closed in late 2018. Given the importance and complexity of the subject matter, the one-month consultation period offered by the government was curiously short. Given that 2019 is an election year, the quick completion of the process could […]

Annual review of the 2018 patent cases

In January 2019, Gowling WLG’s co-head of global Intellectual Property (IP), Gordon Harris, delivered his much anticipated annual review of the year’s UK patent. Gordon gave his usual comprehensive review, backed by a thorough and extensive paper. Gordon commented that there was no lodestar this year, with the Supreme Court decision in Warner Lambert having fallen short of […]

Does my food advert market to kids? Draft guidance on Bill S-228

On January 25, 2019, Health Canada sent members of its stakeholder registry a draft “Guide to the Application of the Child Health Protection Act (Bill S-228)” (the “Guide”). Stakeholders have until February 15, 2019 to provide comments. The Guide is still in draft form, and operates on the presumption that Bill S-228 will become law, which is […]

Developments in China’s new draft foreign investment law

China released a new draft Foreign Investment Law (“Draft Law”) soliciting public comments. The Draft Law further liberalises the Chinese economy to foreign investments and primarily provides broad principles governing foreign investment activities in China. The successful implementation of the Draft Law would depend in part on subsequent supporting regulations, smoothly harmonising existing rules and […]

Supreme Court confirms impact of a debtor’s bankruptcy on CRA deemed trusts GST and HST

In Callidus Capital Corporation v. Her Majesty the Queen, the Supreme Court of Canada overturned a troubling 2017 decision of the Federal Court of Appeal. The Supreme Court held unanimously that the bankruptcy of a debtor extinguishes the deemed trust for unremitted GST and HST created in favour of the Crown (“CRA”) by section 222 of the Excise […]

Latest Briefings

Apples to Oranges: how investigations differ from a litigation approach when implementing eDiscovery solutions

Competition matters, and investigations more generally, differ greatly in execution from the approach to eDiscovery taken in litigation.  Understanding the potential issues is paramount in developing an eDiscovery model that tackles the regulatory pressures faced by legal teams and their corporate clients. In the first article in this series we compare the different approaches and examine […]

The employment law 2019 horizon: Top 12 hot topics

Despite Brexit’s near monopoly of Parliamentary and legislative draftsmen’s time, the Government did find time to publish its ‘Good Work Plan’ in December. The plans set out are more a tweak of employment laws over the next two years rather than a major reform. Nevertheless, it does offer some real improvements aimed at protecting more vulnerable workers. […]

A note of caution before granting waivers, no interest letters and estoppels

A lender holding security interests in a borrower’s property may be asked by the borrower or a third party to provide a waiver, no interest letter, estoppel or similar confirmation (each referred to as a “waiver”) that the lender has no security with respect to certain specific property of the borrower. The lender may be […]

Causation and loss of chance in professional negligence claims: Supreme court clarity

By Sandip Singh How to assess causation and loss in cases where claimants sue for loss of a chance following a professional’s negligence has long been a tricky area. An earlier decision on that issue in this long-running litigation had also resulted in potentially greater risk of exposure for professionals.  In the eagerly awaited judgment in Perry […]

Timor-Leste – key legislative developments

2019 state budget Law No. 2/2019, of 2 February enacted the 2019 State Budget. Revenue and expenditure are forecasted at approximately USD 1,256,000 and USD 1,482,000, respectively. First amendment to the Petroleum Act Law No. 1/2019, of 18 January enacted the first amendment to Law No. 13/2005, of 2 September (Petroleum Act). In essence, this […]

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Norton Rose Fulbright makes up for postponed promotions round with 46 appointments

Norton Rose Fulbright has kicked off 2019 by announcing 46 partner promotions across its global offices, after switching to an American-style calendar year-end last year. The firm did not make any partner promotions at all in 2018, having overhauled its financial reporting following its merger with US firm Chadbourne & Parke in 2016. The largest portion of the […]

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2018 was a year of extremes, with a number of key themes emerging as to what our readers are most anxious about. These can be categorised under four themes: enthusiasm, anger, anxiety and old-fashioned curiosity. The Lawyer has been investing in reader analytics on what you’ve been reading in 2018, and in more detail than ever […]

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