A divided court issued its long-awaited decision in Canadian Imperial Bank of Commerce v. Green, 2015 SCC 60, one of a trilogy of Ontario secondary market class action appeals considering, among other things, the limitation period for such actions, the standard for leave, and whether both statutory and common law misrepresentation claims can be heard in such actions. The majority and minority disagreed on the now moot (due to legislative amendments) limitations issue (with the majority overruling the Ontario Court of Appeal to find that the limitation period starts to run once leave is granted). The court was unanimous on the other issues, however, confirming a high threshold for leave to commence secondary market misrepresentation claims and agreeing that certain common law misrepresentation claims can be heard alongside statutory claims. For further details see: Setting Limits: The Supreme Court Confirms A Robust Gatekeeper Approach To Secondary Market Liability Actions – Canadian Appeals Monitor Supreme Court of Canada Releases Securities Class Actions Trilogy – Bennett Jones

The majority decision in Canadian Broadcasting Corp. v. SODRAC 2003 Inc., 2015 SCC 57, aims to provide guidance on the principle of technological neutrality (para.69), a concept originally developed in Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 34. In this case, the issue under consideration was whether the CBC should pay royalty fees for the “broadcast-incidental copies” it made of music incorporated into its programming. The majority upheld the decision of the Copyright Board that royalties must be paid, but referred the matter back to the Board to reconsider its valuation of the licensing fees “in accordance with the principles of technological neutrality and balance.” (para. 114). These articles discuss the decision: Curiouser and Curiouser: Canadian Broadcasting Corp. v. SODRAC 2003 Inc., 2015 SCC 57 – Administrative Law Matters Supreme Court Fine-Tunes Technological Neutrality – Gowlings

The Consumer Protection Amendment Act (High-Cost Credit Products), S.M. 2014 c.12, was proclaimed in force effective September 1, 2016, adding a new part to The Consumer Protection Act concerning high-cost credit products. Among other things, the new part provides for regulation of licensed credit grantors and establishes a 48-hour cancellation right. This Blakes’ bulletin provides further details. The Consumer Protection Amendment Act (Gift Card Inactivity Fees), S.M. 2015 c.22, amending the prepaid purchase card (gift card) provisions of The Consumer Protection Act to preclude inactivity fees in relation to cards issued for cash or other consideration, was proclaimed in force effective December 1, 2015. The New Home Warranty Act, S.M. 2013, c. 23, has been proclaimed in force effective January 1, 2017. The Act, which received royal assent December 5, 2013, ensures that all new homes built for sale are covered by a warranty against defects in materials, labour and design, and structural defects, and requires home builders and warranty providers to register. The Groundwater and Water Well and Related Amendments Act, S.M. 2012, c. 27, was proclaimed in force effective January 1, 2017 (except ss. 6(d)(i) and (ii), 10(a),12, 14 to 19, 33, 50(2) and (3), and 86(3)(f)). The Act, which received royal assent June 14, 2012, replaces the existing Ground Water and Water Well Act, and makes consequential amendments to The Drinking Water Safety Act, The Planning Act, and The Water Protection Act. Its purpose is to protect groundwater and regulate the construction of wells and aquifers. Further detail can be found in the explanatory note to the bill. The Land Surveyors and Related Amendments Act has been proclaimed in force effective March 31, 2016. As noted in the explanatory note to Bill 29, the Act replaces the existing Land Surveyors Act to provide updated legislation for the governance of the land surveying profession. It includes provisions for the registration of members and professional corporations and creates processes for complaints and discipline.

On December 10, 2015, the Canadian Securities Administrators (CSA) published for comment proposed amendments that would require fund managers to use a standardized risk classification methodology when determining a risk level for conventional and exchange-traded mutual funds. The amendments are expected to be proclaimed into force by 2017, and the deadline to comment is March 9, 2016. For further details see MSC Notice 2015-47 and the McMillan article CSA Proposes Amended Risk Disclosure for Mutual Funds and ETFs.

The December 2015 issue of the Business and Corporate PracticeLink contains articles on investor-state disputes, M & A deals, Ontario’s proposed whistleblower regime, and the new lobbyists’ code. Insider trading and the balance of probabilities – this Lawyers Weekly article discusses a Canadian decision (by the Ontario Securities Commission) on insider trading and tipping, involving a mergers and acquisitions lawyer and several investment advisors. According to the article, the case illustrates a strategy by regulators to prosecute insider trading and tipping violations before administrative tribunals where the evidence may not meet the “beyond a reasonable doubt” criminal standard. Canada’s anti-spam laws have teeth, with significant enforcement against business that aren’t traditional spammers – this Bereskin & Parr post looks at Canadian enforcement of CASL violations and summarizes the results of several recent investigations by the CRTC. Rio Tinto Subs Fail to block Aboriginal Title Damage Claims; Agri-Food Sector Changes are Coming; and Chevron Canada Tattooed in US $9.51 Billion Environmental Damages Action – these TDS LLP articles discuss cases and legislation that may be of interest to business lawyers and their clients. Looking Forward, Looking Back – as is usual at this time of year, many commentators have summarized their thoughts on the important business and legal developments of the previous year and on what to watch for in the coming one. Here is a sampling: Top Ten Deals and Top 10 Business Decisions of 2015 - Lexpert The 10 Most Important Appeals of 2015 and Appeals to Watch in 2016 – Canadian Appeals Monitor Serving Indigenous clients – the January 2016 edition of Lawpro magazine focusses on the interaction between Ontario lawyers and their Indigenous clients. It contains articles on providing high-quality service and on potential claims in this area. Director's Liability For Corporate Negligence – this Miller Thomson article explores cases in which directors have been found personally liable for the tortious conduct of the corporations they oversee.

Aboriginal Law Series – this series continues with upcoming programs on Section 91(24): The Evolution of Federal Jurisdiction and Implications for Provincial Governments on February 1, 2016 and Urban Reserves as a Tool for Economic Development, on March 16, 2016. The series will wrap up with a unique opportunity to explore Indigenous Legal Traditions at Turtle Lodge on Sagkeeng First Nation, on May 17, 2016. Mindfulness Based Stress Reduction for Lawyers – Stress is an inevitable part of the practice of law and it can lead to anxiety and behaviours that are counter-productive. Learn how to target the mind-body impact of stress at this February 29, 2016 lunch meeting, to be held in the Law Society classroom. Builders’ Liens 2 Part CPD – attend one or both parts of this two part program on builders’ liens, to be held in the Law Society classroom on the afternoon of April 27, 2016. The first half is a builders’ lien primer for those new to the area, and the second is an update on the law post-Stuart Olson. Student registrations are discounted 50%.

Privacy Law: What You Don’t Know Could Hurt You – learn what you need to know to help your business clients avoid costly CASL penalties at this CCCA section lunch program on February 23, 2016. Speakers from Fillmore Riley LLP will also discuss recent amendments to Canada’s private-sector privacy legislation. The rights and obligations arising amongst property owners/vendors, purchasers and involved real estate brokers – learn about the duties and entitlements of the various "players" in a typical real estate sale and purchase transaction involving a realtor at this Real Property Law section meeting on February 4, 2016.

The University of Manitoba Faculty of Law is hosting Planes, Trains and Automobiles, a free transportation law symposium, on February 4, 2016, from noon to 5:00 pm at Robson Hall. Speakers include The Honourable Marshall Rothstein, retired SCC Justice, and Yves Desjardins-Siciliano, CEO, VIA Rail Canada. Those who plan to attend should rsvp.

The CCCA is holding its 2016 National Conference, Your Recipe for In-House Success, April 3-5, 2016, in Calgary. The conference will feature plenaries and workshops targeted exclusively to in-house counsel needs, including sessions on risk management, regulatory compliance, corporate governance, compensation, and more. Register before March 4, 2016 to take advantage of the early bird rate.

The theme of the CBA’s 2016 Competition Law Spring Forum is International Perspectives on Competition Law Compliance. Experts from the four competition agencies in North America will explore the international dimensions of a wide range of civil compliance issues at this all-day program on May 19, 2016 in Toronto.