The COVID-19 pandemic is having a profound impact on construction projects across Canada causing delays, lost productivity, increased costs and lost profits. To mitigate the impact of these risks, it is imperative that parties across the contractual chain implement proactive identification and management steps. Below is a high-level overview of the most common types of claims expected as a result of the pandemic, and practical considerations for mitigating these risks....By: Bennett Jones LLP
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As the construction industry adapts to operating in a COVID-19 world, the effects of the pandemic will continue to be felt as the economy moves from crisis to recovery. Projects have taken an array of unexpected turns during emergency shutdowns and...By: Bennett Jones LLP
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The disruption caused by the COVID-19 pandemic will be far-reaching and profound. With global financial markets plagued by turmoil and uncertainty, the number of companies re-evaluating, re-negotiating or terminating M&A transactions grows daily as...By: Bennett Jones LLP
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On April 18, the Minister of Innovation, Science and Industry issued a policy statement announcing that the Government of Canada will subject certain foreign investments in Canada to enhanced scrutiny under the Investment Canada Act until the economy...By: Bennett Jones LLP
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On April 8, 2020, the Minister of Public Safety and Solicitor General published Ministerial Order No. M098, titled Limitation Periods (COVID-19) Order No.2. The updated Order repeals and replaces M086, previously covered in Suspension of Limitations...By: Bennett Jones LLP
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Before the COVID-19 pandemic and the resulting special rules adopted in response we had a complex situation in Ontario construction. The new Construction Act came in to force in two installments. Construction contracts continue to be performed in...By: Bennett Jones LLP
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The Competition Bureau has announced that the 2020 size of transaction pre-merger notification threshold under the Competition Act will remain unchanged from the current threshold of $96 million set in 2019. Acquisitions may be subject to mandatory...By: Bennett Jones LLP
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In December 2019, the federal government released the report of an expert panel on the changing nature of work. The panel had delivered its report to the government in July 2019. In early August 2019, the government briefly released the report online...By: Bennett Jones LLP
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Pangaea One Acquisition Holdings XII S.À.R.L. v. The Queen, 2020 FCA 21 - The Federal Court of Appeal has upheld the decision of the Tax Court of Canada (2018 TCC 158, Smith J.), confirming that a payment made to induce a party to sign a share...By: Bennett Jones LLP
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On December 10, 2019, Canada, the United States and Mexico signed an Amending Protocol that revises the Canada-United States-Mexico Agreement (CUSMA) and steers its path toward ratification....By: Bennett Jones LLP
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