This week's update on resources shared by law firms addressing the COVID-19 crisis
Law firms across Canada are sharing their insights on how to deal with the rapidly evolving economic and legal landscape due to the COVID-19 pandemic. Below is a roundup of some of these resources.
Gowling WLG
In “Ontario business laws modernized: Legislative amendments offer relief and flexibility to Ontario businesses,” the firm explains the recently passed legislation that included amendments relating to virtual meetings, electronic filings and electronic signatures.
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Other resources:
- COVID-19 advisory for commercial landlords and property managers: Canada Emergency Commercial Rent Assistance (CECRA) update
- Canadian financial regulatory responses to COVID-19
- Electronic signatures: Alberta is no longer the outlier
Fasken Martineau DuMoulin LLP
In “Beyond COVID-19: Five Keys to Better Manage Financial Difficulties within a Franchise Network,” the firm shares tips for franchisors to proactively manage financial challenges in the context of the COVID-19 crisis.
Other resources:
- Daily Workplace Wrap-up on COVID-19 for May 13, 2020
- COVID-19 Access to Credit for Large-Cap Energy Companies
- Tips & Tricks For Managing IP Risks Associated With Mobile Devices During COVID-19
Stikeman Elliott LLP
In “COVID-19 Pensions Update: Federally Registered Pension Plans,” the firm lists recent changes introduced by pension regulators, such as extensions of deadlines and restrictions on portability transfers, applicable to federally registered pension plans.
Other resources:
- Ontario Bill Clarifies Financial Statement Requirements for Delayed AGMs
- Canadian Competition Bureau Terminates Investigation Into Intermodal Shipping Transaction In First Case to Use Efficiencies Timing Agreement
- Canada’s Federal Government Announces Credit Solutions for Large and Medium-Sized Businesses
McCarthy Tétrault LLP
In “What’s happening in shareholder activism in Canada?,” the firm covers the potential impact of the pandemic on shareholder activism. The firm predicts a more nuanced approach from shareholder activists in Canada.
Other resources:
- COVID-19: Recovery and Re-opening Tracker
- CSA Publishes Guidance on Continuous Disclosure Obligations in the Context of COVID-19
- Government of Canada Establishes Large Employer Emergency Financing Facility and Expands the Business Credit Availability Program
Blake, Cassels & Graydon LLP
In “Cyber-Attacks: The Threat Is More Real Than Ever,” the firm details the findings of its inaugural study on cybersecurity trends in Canada. This is especially relevant because criminals have taken advantage of the public health crisis to “ramp up their game,” says the firm.
Other resources:
- The Effects of COVID-19 on Hotel Financing
- New OSFI Guidance on Use of Capital Buffers by Small and Medium-Sized Banks
- Distress Preferred Shares: Debt Refinancing During COVID-19
Borden Ladner Gervais LLP
In “COVID-19: Key considerations for U.S. companies in Canada,” the firm provides insight to U.S. companies operating in Canada regarding the possible effects of the COVID-19 pandemic on employment matters, such as the implementation of health and safety protocols, and on tax matters, such as reduced valuations.
Other resources:
- Canadian Privacy Commissioner guidance for videoconferencing
- Product advertising and marketing in the time of COVID-19
- Managing COVID-19 and its fallout
Norton Rose Fulbright Canada LLP
In “Timely, or too soon? Competition Bureau releases guidance on “failing firm” claims in merger reviews,” the firm discusses the Competition Bureau’s position statement on the acquisition of Total Metal Recovery Inc. by American Iron & Metal Company Inc. and how this can potentially help businesses who may decide to rely on the “failing firm” argument in the future.
Other resources:
- New measures to support Canadian food supply
- Provinces introduce new support programs and requirements for agriculture producers
- Canada: Construction force majeure and alternative relief
Lavery, de Billy, L.L.P.
In “Managing Employment Injuries in the Age of COVID‑19,” the firm considers the question of whether getting infected with COVID-19 may amount to an employment injury.
Other resources:
- Why and How Should Companies Manage their Post‑Crisis Recovery?
- What are the Duties and Responsibilities of Corporate Directors during the COVID-19 Crisis?
- What solutions for Start-ups Affected by COVID‑19 in Their Search for Financing?
McInnes Cooper
In “Coping with COVID-19: Important Updates for Employers of Temporary Foreign Workers,” the firm provides a summary of the two immigration policies newly introduced in Canada to deal with labour market difficulties.
Other resources:
- Coping with COVID-19: Mechanics’ Lien Obligations during NB’s State of Emergency
- Coping with COVID-19: Canada's Federal & Provincial Economic Response Plans
- Coping with COVID-19: The Impact of Public Health Measures on Parenting Orders
BCF LLP
In “How to Protect Your Family and Loved Ones in These Times of COVID-19,” the firm sheds light on how to prepare or to review one’s estate plan, particularly in the COVID-19 era. The firm also goes into the law applicable to de facto spouses in Quebec.
Other resources:
- Businesses’ Environmental Obligations at a Time of Economic Reopening
- Schools Reopening: Can Teachers Refuse Work?
- Post-COVID Planning: Reviving the Economy and Seizing Opportunities
Aird & Berlis LLP
In “Legal Update: COVID-19 & Construction,” the firm writes about the legal repercussions of the COVID-19 crisis on the construction industry in Ontario. The firm also intends to give further construction-related updates on projects delays and force majeure claims.
Other resources:
- Practical Canadian M&A Advice During the COVID-19 Outbreak
- To Declare or Not to Declare? Should Ontario’s Local Electricity Distribution Companies Pay Dividends in the Age of the Pandemic?
- Rent Relief Update - The Canada Emergency Commercial Rent Assistance Program
Goodmans LLP
In “Canada Tightens Scrutiny Over Foreign Investment in Response to COVID-19,” the firm elucidates the government’s announcement of enhanced scrutiny on certain types of investments, as well as the forms this tightened scrutiny can take.
Other resources:
- Canadian Securities Regulators Extend Deadlines for Delivery of Certain Security Holder Materials
- “Failing Firm” Claims in Merger Review – New Canadian Developments
- Ontario Enacts Legislation Affecting Timelines in Planning Matters During the COVID-19 Emergency
Lawson Lundell LLP
In “A Short Primer: The Debt Forgiveness Rules,” the firm summarizes the rules governing debt forgiveness, which is one possible option to help businesses survive the economic shock caused by the COVID-19 crisis.
Other resources:
- COVID-19 Measures Taken by Pension Regulators Across Canada Bulletin
- Potential Liabilities for Directors in Insolvency: Considerations for Directors of Companies Facing COVID-19 Induced Insolvency
- British Columbia Announces Extension to COVID-19 Related Temporary Layoffs
Field Law
In “Signing Contracts in a Distanced World,” the firm suggests that businesses should still be careful with complying with the rules for electronic signing, even if courts may have released notices relating to the remote commissioning of affidavits.
Other resources:
- Will the Pandemic Impact Trademarks in Canada? - An Update
- COVID-19 Immigration Update
- The Nuts + Bolts of the CEWS for Employers
Thompson Dorfman Sweatman LLP
In “Manitoba introduces temporary changes to the Employment Standards Code in response to the COVID-19 pandemic,” the firm explores the recent temporary changes to employment standards legislation in Manitoba. For instance, the province has introduced a new public health emergency leave.
Other resources:
