Practice Area | Lexpert

2022 Lexpert Survey Practice Areas

 

Aboriginal Law

The Aboriginal Law practice area is generally understood to encompass First Nations, Métis and Inuit treaty and other legal rights; comprehensive and specific land and property compensation claims; the duty to consult, treaty claims and interpretation; First Nations self-government; the fiduciary relationship between governments and Indigenous peoples; claims to renewable and non-renewable natural resources; hunting, fishing and trapping rights; government relations; economic development; taxation; and various public policy issues.

Advertising & Marketing Law

The practice of Advertising & Marketing Law is generally understood to include the review of promotional materials relating to contests, coupon and premium promotions and other such offers; advertising copy review including online, television, radio and print ads to ensure claims will be properly supported and all required agreements/documents prepared; advising on online, digital, direct mail and telemarketing issues; advising with respect to the marketing, advertising, packaging and labelling of all types of products including food, drugs, cosmetics and medical devices; ensuring compliance with federal and provincial laws with respect to advertising; the pursuit or defence of challenges related to alleged misleading advertising; book, film and photograph rights negotiation; preparation of marketing and advertising related agreements such as sponsorship, distributorship, merchandising and licensing agreements (including negotiation of personality rights, copyright and trademark rights); importation of foreign source advertising; arbitrations and representation of clients at Advertising Standard Council hearings.

Asset Equipment Finance/Leasing

Asset Equipment Finance/Leasing work is a broad practice area encompassing matters ranging from large-ticket cross-border transactions, including those involving aircraft, ship or railcar sale and leasebacks, through to programs involving office equipment leases. Transactions are often complex and multidisciplinary, requiring contributions from lawyers knowledgeable with respect to the commercial, regulatory, tax and finance components of the structure, particularly where there is an international dimension or a tax-haven aspect involving off-shore jurisdictions.

Please note that the Lexpert Canadian Directory has separate sections for CORPORATE FINANCE & SECURITIES; DERIVATIVE INSTRUMENTS; INSOLVENCY & FINANCIAL RESTRUCTURING; and INVESTMENT FUNDS & ASSET MANAGEMENT.

Asset Securitization

The Asset Securitization practice area includes acting for and advising asset originators, dealers, trustees, agents, liquidity lenders, credit enhancers, rating agencies and other participants in all matters relating to the structuring and implementation of asset securitization transactions, and includes structuring and establishing special purpose vehicles to purchase or otherwise acquire and administer assets from one or more originators and issue asset-backed securities to finance such acquisitions; structuring and documenting the acquisition of such assets and the issuance of such securities and ensuring compliance with all registration and other requirements with respect thereto; documenting any liquidity facilities required to finance such special purpose vehicles and any external credit enhancement facilities required to support their acquisitions; advising rating agencies on the efficacy of the structures employed; and providing opinions to various interested parties in connection with various aspects of the foregoing.

Please note that the Lexpert Canadian Directory has separate sections for BANKING & FINANCIAL INSTITUTIONS; DERIVATIVE INSTRUMENTS; INVESTMENT FUNDS & ASSET MANAGEMENT; and ASSET EQUIPMENT FINANCE/LEASING.

Asset-Based Lending

Asset-Based Lending is a category of debt financing in which emphasis is placed on the assets of the borrower rather than its credit-worthiness. The lender’s credit analysis focuses on the ability of the lender to fully recover its loans upon the enforcement of its security by way of a sale of the assets. By contrast, conventional financing places emphasis on the ability of the borrower to repay its loans from its cash flow. Accordingly, asset-based lenders may lend in the face of losses where conventional lenders will not. As a result of this emphasis, asset-based lenders always require first priority security over the assets comprising the collateral for the loans. It is also typical for the lender to conduct extensive due diligence with respect to the borrower’s assets to assess and reduce any risks that could limit recovery upon enforcement.

The ABL practice area generally includes the representation of domestic and foreign banks and financial institutions, as lenders, and corporations and other entities, as borrowers. ABL transactions can take on a variety of forms including single lender loans, syndicated facilities, cross-border loan transactions, as well as debtor-in-possession financing and can be based upon operating assets, fixed assets or a combination of both. Work in this area includes the provision of transaction structuring advice, drafting and negotiating transaction documents, due diligence, taking and perfecting security, and providing legal opinions in connection with the loan transactions.

Please note that the Lexpert Canadian Directory has a separate section for BANKING & FINANCIAL INSTITUTIONS.

Aviation (Regulation & Liability)

Aviation law generally includes regulatory work and liability work which may be described as follows:

Regulatory work involves aircraft safety standards, certification, licensing and regulation; interpretation and application of Canadian bilateral air transport agreements; interpretation and application of multilateral international aviation conventions and agreements in respect of many areas, such as, liability, immigration, taxation of aviation fuel, customs and duties and excise taxes, airport user fees and charges, aviation safety and security; slot allocation schemes and other airport infrastructure restrictions; international air route allocation; domestic and international aspects of aircraft accident investigation; and relations with the International Civil Aviation Organization and its Member States.

Liability work includes representing plaintiffs, airlines, product manufacturers, product designers and/or aviation insurers in civil litigation (under domestic law and under international aviation law conventions) arising from air crashes and incidents; and representing airlines, governments and other parties before commissions of inquiry and coroner’s inquests into aircraft accidents.

For purposes of Aviation Finance, reference may be made to the ASSET EQUIPMENT FINANCE/LEASING questionnaire.

Banking & Financial Institutions

The Banking Law practice area encompasses representing domestic and international providers and consumers of debt financing including, on the lending side, domestic and foreign banks, bank holding companies, leasing companies, finance companies and other financial institutions and, on the borrowing side, corporate, government, institutional, individual and financial intermediary borrowers. Work includes incorporation of banks; all manner of corporate and private lending, financing and refinancing; cross-border and international banking transactions; financial leasing; loan syndications and participations; preparation of all manner of real and personal property security documentation; trade finance; negotiable instruments; sovereign risk lending; gold loans; project loans; interbank transaction arrangements, credit card facilities, electronic banking, payment and clearing systems; and all matters of a regulatory and corporate governance nature including capital adequacy and financial market integrity.

In addition we have added a sub-category (in Toronto only) for Financial Institutions Regulatory Law, defined as follows:

The Financial Institutions Regulatory Law practice area encompasses advice on regulatory matters affecting banks, insurance companies and trust and loan companies, including advice relating to new incorporations, new capital instruments, corporate finance, bank-holding company regime, insurance-holding company regime, corporate governance, amalgamations, business transfers, ownership rules, business and powers, investment rules, capital adequacy requirements, innovative tier one capital, related party rules, demutualization, establishing foreign banks or insurance branches in Canada, foreign bank regulatory rules (including near banks and true banks), regulatory issues on merger and acquisition transactions, compensation fund issues (PACIC, CompCorp and CDIC) and dealing with the Office of the Superintendent of financial institutions, the primary regulator of financial institutions in Canada, and provincial regulatory authorities.

Please note that the Lexpert Canadian Directory has separate sections for ASSET EQUIPMENT FINANCE/LEASING; CORPORATE FINANCE & SECURITIES; DERIVATIVE INSTRUMENTS; INSOLVENCY & FINANCIAL RESTRUCTURING; and INVESTMENT FUNDS & ASSET MANAGEMENT.

Biotechnology

Biotechnology law governs technology based on the use of living things. Subject matter requiring intellectual property protection may arise from many disciplines including biochemistry, microbiology, pharmacology, immunology, molecular biology and genetics. Biotechnology provides innovations applicable to agriculture, human and veterinary medicine, and environmental protection and remediation.

The biotechnology sector within Canada is a heavily regulated industry. Practice in this field is generally understood to include regulatory matters such as representation of clients before Agriculture Canada, Health Canada, the Plant Breeders’ Rights Office and the Patent Office; development matters including contractual agreements relating to research and development, supply, consulting, co-packaging, funding, multiplication, field-testing, marketing and distribution; patent and plant breeders’ rights protection; and trade-marks protection.

Charities/Not-For-Profit Law

Charities/Not-for-Profit Law involves a number of legal specialties, including corporate law, trusts and estates, and depending on the circumstances, real estate, taxation, employment and general business law. It involves representation of organizations such as public and private foundations, community trusts, cultural and performing organizations, educational and health care institutions, and other tax exempt entities, on matters ranging from obtaining charitable registration status from the Canada Revenue Agency, issues of corporate governance and planned giving, tax planning, and compliance with applicable provincial and federal statutes and regulations.

Please note that there is a separate section in the Lexpert Canadian Directory for ESTATE & PERSONAL TAX PLANNING.

Class Actions

By now established in Canada, Class Action litigation continues to include actions pertaining to personal injuries, including those involving defective medical products and procedures, defective products (automobiles, building products, etc.), and commercial loss (securities).

Please note that the Lexpert Canadian Directory has separate sections for LITIGATION – CORPORATE COMMERCIAL and LITIGATION – SECURITIES.

Commercial Arbitration

Commercial Arbitration involves advising and advocating with respect to contractual provisions for arbitration and ADR, advising as to appropriate arbitration rules and procedures, and conducting arbitration either ad hoc or under the rules of key arbitration institutions such as the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the NAFTA, UNCITRAL Rules, ICSID Rules and the Rules of the British Columbia International Commercial Arbitration Centre (BCICAC). As an alternative to litigation, commercial arbitration cuts across almost every area of law and business activity such as banking; intellectual property; insurance; engineering, construction and infrastructure projects; agreements for joint development of natural resources such as oil and gas; financial and capital markets.

Commodity Tax/Customs

Commodity Tax/Customs law encompasses matters concerning the federal goods and services tax (GST), various provincial sales taxes, customs and excise issues, and related matters involving the domestic and international supply of property and services. Given the degree of specialization involved in their practice, commodity tax lawyers often engage in all aspects of commodity tax work, from the solicitor-type work involved in the planning stage, to litigation work as matters progress from the level of administrative review, to the federal and provincial courts of first instance, and on to the Courts of Appeal and beyond.

Please note that there is a separate section in the Lexpert Canadian Directory for INTERNATIONAL TRADE REGULATION.

Competition Law

The practice of Competition Law in Canada falls into two broad but distinct categories: solicitor (advisory) work (which includes merger analysis); and litigation.

Solicitor (Advisory) Work: Providing advice on Competition Law issues is an increasingly important part of advising business clients. Competition lawyers are called upon to advise clients on the competition law implications of a variety of business activities. By identifying and helping clients to address these issues, competition lawyers assist clients in managing and minimizing competition law risk. Competition lawyers provide advice with respect to corporate and commercial matters and day to day business practices. They are also advocates for clients in discussions with Competition Bureau officials. Principal areas of advice and representation include: mergers and acquisitions; strategic alliances and joint ventures; marketing and distribution activities; relations with customers, competitors and suppliers; and, increasingly, the interface between competition law and intellectual property law.

Competition Litigation: Competition litigation in Canada has traditionally involved representing clients before the courts on criminal matters and before the Competition Tribunal on civil proceedings initiated by the Commissioner of Competition. While there was limited private competition litigation in Canada in the years immediately following the enactment of the Competition Act in 1986, this type of proceeding has become more common with the advent of competition law class actions. Recent amendments permitting limited private access to the Competition Tribunal, and proposals to expand private access, are likely to lead to further private competition litigation in Canada.

Computer & IT Law

Practitioners of Computer & IT Law advise clients, and for some, conduct litigation on a number of matters, including the following: intellectual property — the protection of software, multimedia products, electronic databases and other information-based assets through copyright, patent, trade secret and trademark laws; criminal law — the manner in which Canada’s Criminal Code applies to computer crime activities such as hacking and virus implantation; regulatory laws — the regulation of data protection/privacy, the control of high technology exports, and the regulation of the Internet; commercial law — the impact of contract, competition, sales, bankruptcy and tax laws on the distribution and sale of computers and information-based products and services, including the drafting and negotiation of a wide variety of agreements for the supply of computer-based resources; and electronic commerce/Internet law — the contract, evidence, libel and other laws impacted and challenged by our transformation from a paper-based to a computer/electronic-network-based society.

Construction Law

The practice of Construction Law is generally understood to comprise the provision of advice and representation, whether by way of negotiation, judicial proceedings, alternative dispute resolution, mediation or arbitration, in all matters relating to the construction process including preparation of contract documentation and related agreements, contract negotiations, claims for extras/credits, claims arising from alleged design changes, claims under bid bonds, performance bonds, labour and material payment bonds, lien bonds and judgment bonds, claims arising from delay, claims for consequential damages, claims in relation to environmentally hazardous materials and for unanticipated subsurface soil conditions encountered during construction, claims for negligence against consulting engineers and architects, and claims for breach of statutory trust.

Corporate Commercial Law

The scope of Corporate Commercial Law is difficult to define since it (a) means different things to different people and (b) necessarily incorporates practice areas which, in some firms, are distinct areas of specialization, i.e., corporate finance, insolvency, etc.

Please note the Lexpert Canadian Directory has separate sections for CORPORATE FINANCE & SECURITIES, CORPORATE TAX, BANKING & FINANCIAL INSTITUTIONS, INSOLVENCY & FINANCIAL RESTRUCTURING and ASSET EQUIPMENT FINANCE/LEASING.

Although these practice areas are clearly related (and often integral) to corporate/commercial practices, they have developed distinct identities and are dealt with, therefore, in separate sections. Undoubtedly leading firms and practitioners in one related practice area, e.g., Corporate Finance & Securities, will often be leading firms and practitioners in Corporate Commercial Law as well.

Corporate Finance & Securities

Corporate Finance & Securities law includes financing vehicles or instruments, whether public or private, including IPOs, capital market equity offerings, installment receipt transactions, securities regulation and compliance, debt securities, bond issues, linked debt/equity instruments, structured financings, hybrid structured financings incorporating tax driven and capital markets products, private placements, commercial paper; financing structures related to capital reorganizations and restructurings, mergers and acquisitions, leveraged buy-outs, take-overs, management buy-outs and buy-ins; venture and development capital, high-risk (vulture) capital; asset backed financings, asset backed securities, asset securitization, receivables financing, off-balance sheet financing, etc.

Please note that the Lexpert Canadian Directory has separate Sections for ASSET EQUIPMENT FINANCE/LEASING, ASSET SECURITIZATION, BANKING & FINANCIAL INSTITUTIONS, DERIVATIVE INSTRUMENTS and MERGERS & ACQUISITIONS.

Corporate Mid-Market

Corporate Mid-Market refers to an area of transactional work involving businesses (private and public) whose revenues fall in approximately the $50 million to $200 million range. The nature of the businesses involved tends to include predominantly knowledge-based companies (technology, biotechnology) who engage in transactions of a size that is typical of a Canadian mid-market M&A transaction without having regard to the revenue. M&A practitioners focusing in this area are primarily called upon to develop transaction strategy and to advise (alongside the appropriate specialists) on the law as it relates to corporate, securities, finance, tax, competition, labour, employee benefits, real property, regulatory, environmental, intellectual property, litigation and the transaction.

Corporate Tax

Corporate Tax law includes advising on the taxation of public and private corporate, joint venture and other related and non-related business structures; tax planning respecting mergers and acquisitions, company restructurings, reorganizations, debt rescheduling and liquidations; taxation of commercial contract transactions, transfer pricing, leasing and other commercial agreements; taxation of natural resource extraction, refining and sales including various associated business structures; property related taxation particularly in relation to property development; taxation of financing transactions; taxation of various debt instruments, capital market instruments, funds and securitized assets; tax treaties, international corporate tax and tax aspects of international commercial transactions; taxation of foreign investment in Canada and the taxation of Canadian off-shore investment.

Data Protection & Privacy

Data Protection & Privacy involves the provision of advice in all matters relating to the collection, use, disclosure and maintenance of personal information. This includes data security, ownership, aggregation, licensing, commercialization and trans-border transfers, and advising on global and local anti-spam, health, workplace and general privacy and data breach legislation and regulatory enforcement. The practice area includes privacy, data and cybersecurity due diligence, policies and audits; intra-corporate and international data transfers; data mapping; problematic online content; advising on artificial intelligence, machine learning, biometrics and other emerging big data technologies; and the privacy law and data provisions elements of business transactions.



Please note that The Canadian Legal Lexpert Directory has a separate section for COMPUTER & IT LAW.

Derivative Instruments

Derivative Instruments work is generally understood to incorporate both the private and public derivative markets. On the private side, legal work will cover preparation of documentation for negotiation and assisting in the development of a wide range of products including interest rate, basis and cross-currency swaps; equity index and commodity swaps and forwards; over-the-counter options on government bonds (domestic and foreign), commodities, equity indices and other underlying interests; warrant products; caps, collars, floors, swaptions; forward rate agreements; foreign exchange contracts; and structured notes and hybrid securities. On the public side of the derivatives market activities will include, in addition to the work noted above, a presentation of issuers or agents in public derivative product offerings and preparation of documentation for and assisting in the development of a variety of different financings involving the use of derivative products, including asset and inventory securitizations and oil, gold and other commodity monetization programs.

Employment Law

Employment Law governs the rights and obligations between individuals and their employers. The foundations of employment law arise from the common law in most provinces and the civil law of Québec. The main obligations of the employer are to provide work agreed to, pay the remuneration and provide a safe workplace. The employee must execute the work agreed to and be loyal to the employer. The practice of employment law generally involves the negotiation and drafting of individual employment contracts, advice with respect to the numerous aspects of the main obligations, the drafting of non-solicitation and non-competition clauses, golden parachute compensation plans and arbitration clauses. In addition, it involves litigation arising from the employment relationship, including unlawful or dismissal actions, as well as the application of provincial and federal related statutes such as Labour Standards, Human Rights and Health and Safety in the workplace.


Please note that the Lexpert Canadian Directory has separate sections for LABOUR RELATIONS, WORKPLACE HUMAN RIGHTS, WORKERS’ COMPENSATION and OCCUPATIONAL HEALTH & SAFETY.

Energy (Electricity)

Electrical power work, for purposes of the Lexpert Canadian Directory, is defined in the widest sense in order to identify those firms capable of providing a full service to various clients. As such, the practice encompasses advising existing and prospective market participants (including major investors, lenders, project developers, distributors, public sector entities, and public and private sector consumers) on a host of transactional (e.g., corporate/commercial), regulatory, and policy matters, ranging from the development, structuring, financing and permitting of energy projects (including nuclear, hydro-electric, oil and gas-fired, and fossil-fuel facilities) the management and retrofitting of existing facilities, co-generation, through to all aspects of the restructuring and deregulation of wholesale and retail electricity markets within a new, competitive framework.

Energy (Oil & Gas)

Oil & Gas law, for purposes of this survey, is defined in the widest sense in order to identify those firms capable of providing a full service to industry clients. As such, the practice area encompasses all manner of upstream and downstream work including exploration and drilling agreements; infrastructure, engineering and service contracts; production, licensing, leasing, operation and royalty agreements; joint ventures and syndications; taxation; environmental approvals, compliance and site abandonment; federal and provincial regulatory applications; financing including project financing, structured financing, debt and secured financings, capital markets and private placement financing; storage, processing, refining, marketing, pipelines and distribution; acquisitions, mergers and takeovers; international concessions, exploration and development.

Entertainment Law

Entertainment Law is the broad general term for a practice area that is widely varied and that comprises film, television, radio, music, publishing, commercial theatre, multimedia, interactive media and the visual arts. Within each of these sectors, practitioners engage in contract negotiations, financing, production, co-production, distribution and tax law matters. In addition, there are the complementary areas of copyright, trade-mark, broadcasting and securities law (financings) that serve to widen the scope of the practice area.

Environmental Law

The practice of Environmental Law is generally understood to include advice in the context of acquisitions and property transactions, financings, contaminated land, land use planning and environmental regulation, audits, impact assessments, landfill, waste disposal, water treatment, sewage, noise, air and water pollution, agricultural pollution, industrial pollution, integrated pollution control, environmental management systems, regulatory compliance in manufacturing, plaintiff’s litigation, defence work in environmental litigation/prosecutions, environmental insurance cover and liability and disaster and crisis management.

Estate & Personal Tax Planning

Estate & Personal Tax Planning for high net worth individuals is generally understood to comprise the provision of wealth preservation advice and, as such, includes income and capital gains tax minimization and estate planning generally; the use of various tax shelters and deferrals; international tax planning for Canadian and non-Canadian residents and domiciliaries; formation of charitable trusts and companies; on- and offshore trust and asset protection structures; estate and tax planning utilizing inter vivos and other asset protection structures; estate freezes; long term strategic tax planning including inter-generational transfers of private individual, family business, and other closely-held corporations; tax planning respecting ownership of shares in private and public companies including on- and off-shore executive compensation structures; and tax planning for Canadians investing internationally and foreign investors establishing businesses in Canada.

Family Law

The practice of Family Law is generally understood to comprise the provision of advice and representation, whether by way of negotiation, judicial proceedings, alternative dispute resolution, mediation or arbitration, in all matters relating to spousal and parental rights arising from paternity, cohabitation, marriage, separation and divorce including: the preparation and negotiation of all manner of domestic and marriage contracts; acting with respect to the custody and access rights of parents and matters involving the welfare of children; acting with respect to spousal and child support and maintenance; advising with respect to the division of property interests consisting of rights in family property, business and professional activities, pensions and estates; and advising as to the tax implications of marriage and divorce.

Financial Institutions Regulation – Ontario

The Financial Institutions Regulatory Law practice area is generally understood to encompass advice on regulatory matters affecting banks, insurance companies and trust and loan companies, including advice relating to new incorporations, new capital instruments, corporate finance, bank-holding company regime, insurance-holding company regime, corporate governance, amalgamations, business transfers, ownership rules, business and powers, investment rules, capital adequacy requirements, innovative tier one capital, related party rules, demutualization, establishing foreign banks or insurance branches in Canada, foreign bank regulatory rules (including near banks and true banks), regulatory issues on merger and acquisition transactions, compensation fund issues (PACIC, CompCorp and CDIC) and dealing with the Office of the Superintendent of financial institutions, the primary regulator of financial institutions in Canada, and provincial regulatory authorities.

Forestry Law

Forestry Law, for purposes of the Lexpert Canadian Directory, is defined in the widest sense in order to identify those firms capable of providing a full service to industry clients. As such, the practice area includes purchase and sale of forest companies, mergers and reorganizations of forest companies, transfer of forest tenures, representing forest company issuers on public financings, log purchase and sale contracts, logging contracts and contracts respecting other phases of timber harvesting; all manner of statutory and regulatory compliance under specific forestry legislation; all aspects of environmental law relating to the industry; advising and defending with respect to prosecutions under environmental and forestry legislation; Aboriginal law matters relating to the industry; and all manner of negotiations, representations and submissions to various government ministries, boards and administrative tribunals or bodies.

Franchise Law

Franchise Law is essentially a commercial law practice area which, due to the special needs of this important industry, necessarily incorporates various legal skills normally associated with other, unrelated practice areas. For this reason it has attained, in Canada and internationally, the status of a distinct practice area. Generally the practice area includes documentation work including preparation of applications, franchise agreements, assignments, guarantees, indemnities and security agreements; regulatory compliance work including prospectus preparation, disclosure documents, and offering circulars; financing work which may include public offerings and private investment syndications; commercial leasing and other real estate arrangements; acquisition and sales work involving purchasing or disposing of new and existing franchises, as well as entire franchise systems; master franchise or area development agreements; international work which includes the establishment of foreign franchise systems in Canada and the Canadianization of foreign franchise documentation; intellectual property work including securing patents, copyright and particularly trademark protection; and sales and tax planning work which may include significant cross-border (particularly Canada-US) aspects.

Immigration Law

Immigration Law practices divide into personal and business immigration. The first includes individual, family, student and human rights or refugee applications, hearings and appeals. The second includes services to companies transferring personnel, temporary visas and work permits, and special inward investment/immigration programs.

Infrastructure Law

Infrastructure Law encompasses providing advice and counsel on Infrastructure development, including P3 projects. Various areas of regulatory law impact on development projects, including municipal law and land use planning, and therefore, Infrastructure lawyers need to include these advisory services in their practices. Clients also require advice in the areas of Procurement, Alternative Financing, corporate, construction, commercial and litigation considerations.

Insolvency & Financial Restructuring

Insolvency and insolvency litigation is generally understood to relate to acting for and advising lenders, other creditors, debtors, trustees in bankruptcy, receivers and other participants in corporate insolvencies and debt enforcement, collection and recovery, and typically involves bankruptcy, receivership or similar court-supervised insolvency proceedings or private enforcement remedies.

This may involve acting for and advising corporations, financial institutions, bondholders, distress or hedge funds, investors, purchasers and other participants in the formulation, negotiation and implementation of corporate financial restructurings, whether in circumstances of insolvency or solvency and whether involving debt and/or equity, and includes informal negotiated workouts and refinancings and financial restructurings implemented pursuant to insolvency statutes such as the Companies’ Creditors Arrangements Act and the Bankruptcy and Insolvency Act or corporate statutes such as the Canada Business Corporations Act or similar provincial statutes. Practitioners in this area may be involved in cross-border restructuring matters.

Intellectual Property

Intellectual Property law comprises the provision of advice and representation in all matters relating to origination, exploitation and protection of inventions, patents, trade-marks, official marks, copyright, moral rights, industrial designs, brand names, trade dress, personality rights, topographies, trade secrets, data, etc.; product piracy, counterfeiting, grey goods, infringements, passing off, etc.; forms of agreement respecting the origination and exploitation of intellectual property including R&D joint venture agreements, exploitation agreements, royalty agreements, licensing agreements, technology transfer agreements, etc.; intellectual property asset transfers in corporate acquisitions, mergers, strategic alliances, franchising and other commercial transactions; international aspects of the origination, exploitation and protection of intellectual property.

Please note that the Lexpert Canadian Directory has separate sections for COMPUTER & IT LAW and LITIGATION – INTELLECTUAL PROPERTY.

International Trade Regulation

International Trade Regulation is generally understood to encompass matters concerning anti-dumping, countervailing duty and other such trade proceedings; customs law including tariff classification, valuation of goods, country of origin determination and documentation, penalties and seizures; and import and export controls as governed by the Customs Act, Customs Tariff, the Cultural Property Export and Import Act, the Special Import Measures Act, NAFTA, WTO and GATT trade provisions.

Investment Funds & Asset Management

Investments Funds & Asset Management work is generally understood to include a broad range of legal services to public mutual funds, private investment funds, labour-sponsored venture capital funds, special-purpose investment vehicles structured as mutual funds for tax or regulatory reasons, Canadian and international investment advisers and to mutual fund and other securities dealers. These legal services include establishment of new funds and advising as to regulatory compliance, disclosure, distribution, dealer compensation and management fees; offerings of fund securities by prospectus or private placement; fund mergers and conversions; taxation; adviser and dealer registrations; custodial arrangements; sales communications; use of derivatives by funds; conflicts of interests and fiduciary duties of trustees, managers, advisers and general governance issues; mutual fund limited partnerships; and advising as to access to US and offshore markets for Canadian funds and access of US and offshore funds to Canadian markets.

Labour Relations

Labour Relations law is generally understood to include acting for and advising employers, organized labour and individual employees in grievance and arbitration proceedings under both federal and provincial legislation; representation before federal and provincial labour relations boards; negotiation of collective agreements in both the public and private sectors; strategic labour relations and workforce planning including downsizing; interest arbitration proceedings in the public sector; judicial review of labour arbitration and labour relations board decisions. Labour relations in the construction sector are also included herein.

Please note that the Lexpert Canadian Directory has separate sections for WORKERS’ COMPENSATION, OCCUPATIONAL HEALTH & SAFETY, litigation of wrongful dismissal claims and EMPLOYMENT LAW, and WORKPLACE HUMAN RIGHTS.

Labour Relations – Construction Sector

Labour Relations law is generally understood to include acting for and advising employers, organized labour and individual employees in grievance and arbitration proceedings under both federal and provincial legislation; representation before federal and provincial labour relations boards; negotiation of collective agreements in both the public and private sectors; strategic labour relations and workforce planning including downsizing; interest arbitration proceedings in the public sector; judicial review of labour arbitration and labour relations board decisions. Labour relations in the construction sector are also included herein.

Please note that the Lexpert Canadian Directory has separate sections for WORKERS’ COMPENSATION, OCCUPATIONAL HEALTH & SAFETY, litigation of wrongful dismissal claims and EMPLOYMENT LAW, and WORKPLACE HUMAN RIGHTS.

Life Sciences & Health

Life Sciences and Health, for purposes of this survey, is defined in the widest sense in order to identify those firms capable of providing a full service to industry clients in all life sciences and health-related fields. As such, the practice area encompasses all manner of professional regulation in healthcare and related fields; joint ventures and syndications; taxation; federal and provincial regulatory applications; project, structured, debt, capital markets, private placement and secured financings; intellectual property; privacy; antitrust and competition; sales, marketing, and advertising; outsourcing and service agreements; research and development; supply and distribution agreements; acquisitions, mergers, and takeovers; litigation, including patent infringement and impeachment; product liability; corporate governance; mediation and arbitration; administrative law; employment and labour law.



Please note that The Canadian Legal Lexpert Directory has a separate section for MEDICAL NEGLIGENCE.

Litigation – Commercial Insurance

Commercial Insurance Litigation is generally understood to comprise the provision of advice and representation, whether by way of negotiation, judicial proceedings, alternative dispute resolution, mediation or arbitration, in all matters relating to liability and coverage disputes regarding commercial general liability (CGL), all risks, property and other such cover between insurers, insureds, reinsurers, excess insurers, intermediaries, special risks underwriters and insurance mutuals.

Special aspects of commercial cover, such as product liability, and other classes of cover such as automobile, fidelity, surety, marine, aviation, professional liability and directors’ and officers’ liability are dealt with in the following Sections of the Lexpert Canadian Directory: AVIATION (REGULATION & LIABILITY), CONSTRUCTION LAW, MEDICAL NEGLIGENCE, PERSONAL INJURY, LITIGATION – PRODUCT LIABILITY, PROFESSIONAL LIABILITY, and SHIPPING & MARITIME LAW.

Litigation – Corporate Commercial

Corporate Commercial Litigation comprises the provision of advice and representation, whether by way of negotiation, civil proceedings, alternative dispute resolution, mediation or arbitration, in all matters relating to the breach of or disputes regarding commercial contracts; purchase and sale of assets, equipment or other lease agreements; banking and financing litigation including secured/unsecured enforcement and recovery, multi-party creditor disputes, asset recovery and tracing, and disputes regarding various security, financing or trade instruments such as guarantees, bonds and letters of credit; disputes respecting various forms of business organizations such as shareholder agreements, joint ventures, partnerships, distribution, agency and other such agreements; and other such matters.

Please note that the Lexpert Canadian Directory has separate sections for AVIATION (REGULATION & LIABILITY), LITIGATION – CLASS ACTION, LITIGATION – COMMERCIAL INSURANCE, COMPETITION LAW, CONSTRUCTION LAW, LITIGATION – SECURITIES and LITIGATION – CORPORATE TAX.

Litigation – Corporate Tax

Corporate Tax Litigation is generally understood to include disputes involving tax planning or estates/trust structures for high net worth individuals; disputes between various levels of governments as to proper tax jurisdiction or challenges to the exercise of purported tax jurisdictions; disputes involving particular types of tax such as GST, withholding, etc; disputes regarding proper taxation of commercial transactions or agreements; disputes regarding taxation of particular corporate structures, reorganizations, etc; disputes regarding particular financing transactions or financial instruments; disputes regarding taxation of particular industries such as real estate, natural resources, etc; international tax disputes with respect to matters such as transfer pricing; and other such matters.

Please note that there are separate sections in the Lexpert Canadian Directory for COMMODITY TAX/CUSTOMS, CORPORATE TAX and ESTATE & PERSONAL TAX PLANNING.

Litigation – Defamation & Media

Defamation and Media Litigation is generally understood to encompass print, television, Internet or radio media counsel, administrative or trial work such as pre-publication advice and copy clearing including libel reading, copyright, trade libel, invasion of privacy, breach of confidence, access under the various freedom of information statutes, freedom of expression/commercial free speech and other Charter of Rights and Freedoms issues, responding to subpoenas and search warrants against the media, contempt of court, publication bans, libel, slander and related tort litigation, and publishing and broadcasting contractual issues.

Please note that the Lexpert Canadian Directory has separate sections for ADVERTISING & MARKETING LAW, ENTERTAINMENT LAW, INTELLECTUAL PROPERTY and TELECOMMUNICATIONS.

Litigation – Directors’ & Officers’ Liability

Directors’ & Officers’ Liability practice comprises the provision of advice and representation, whether by way of counsel, negotiation, judicial proceedings, or various forms of alternative dispute resolution, to corporations, directors and officers, and insurers on directors’ and officers’ liability, indemnity and insurance options, corporate governance obligations and risk management strategies. Practitioners familiar with the statutory, common law, and ethical obligations as applied to directors and officers are especially called upon to provide advice for significant corporate events such as mergers and acquisitions, corporate restructurings and insolvencies, ongoing business operations, and litigation.

Litigation – Intellectual Property

Intellectual Property Litigation is generally understood to comprise the provision of advice and representation, whether by way of negotiation, judicial proceedings, alternative dispute resolution, mediation or arbitration, in all matters relating to contentious proceedings (either administrative before federal officials or tribunals or judicial before federal or other courts) involving rights respecting patents, trademarks, official marks, copyright, moral rights, industrial designs, brand names, trade dress, personality rights, trade secrets, data protection, etc.; urgent interlocutory applications including injunctions, “Anton Piller” orders, etc. respecting alleged infringement of intellectual property rights, etc.; international intellectual property litigation; and other such matters.

Please note that the Lexpert Canadian Directory has separate sections for INTELLECTUAL PROPERTY LAW and COMPUTER & IT LAW.

Litigation – Product Liability

Product Liability Litigation is generally understood to encompass representation of product designers, suppliers, manufacturers, wholesalers, distributors, retailers, end users (including both corporations and individuals) and their respective insurers in civil proceedings alleging personal injury or economic loss resulting from alleged defects in the manufacturing or design of a product, or failure to warn of dangers inherent in the use of a product. It also encompasses advising manufacturers and others within the distribution chain on advertising, marketing, regulatory and recall requirements related to their products.

Litigation – Regulatory & Public Law

Regulatory and Public Law Litigation deals with all forms of litigation involving the actions of government and public regulatory authorities, and their impact on individuals and businesses. This includes many aspects of administrative law but also includes challenges under the Charter of Rights and Freedoms and proceedings before federal and provincial agencies and tribunals.

Litigation – Securities

Securities Litigation includes litigation and broader dispute resolution and settlement on issues including insider trading; oppression remedies; shareholder disputes generally; contested merger and acquisition bid and defence work; proxy contests; amalgamations, reorganizations and restructurings; corporate governance disputes; director, officer, issuer and investment dealer disclosure and liability matters; and other such non-compliance matters generally.

Please note that the Lexpert Canadian Directory contains separate sections for LITIGATION – CORPORATE COMMERCIAL and CORPORATE FINANCE & SECURITIES.

Long-Term Disability

The Long-Term Disability practice area focuses on matters related to long- and short-term disability, critical illness, and life policies, usually offered by employers to employees and provided by an insurance company in case an employee cannot work due to injury or illness. These policies are also sold as private, individual policies where the policyholder pays the premium. For example, self-employed professionals often purchase disability benefits coverage, critical illness and/or life policies directly from an insurance company.
The representation of plaintiffs and insurers focuses on the settlement or litigation of insurance claim disputes. Practitioners must comprehend the interface of all provisions of unique insurance policies and consider the spectrum of disabling conditions or critical illnesses that include physical, psychological, cognitive, and autoimmune conditions and events. This process must also integrate a full understanding of statutory and other contractual benefit and pension plans, taxation implications, and the overall question of entitlement to a one time, or ongoing benefit.

Medical Negligence

The Medical Negligence practice area is generally understood to encompass the representation of plaintiff patients, their families or estates, and the defense of physicians, nurses, other health care professionals such as anaesthetists, hospitals and other authorities, in civil proceedings alleging personal or psychological injury, trauma or death resulting from a failure to provide care in conformity with standard practices or other reasonable standards.

Mergers & Acquisitions

A Mergers & Acquisitions practice is one involving transactions that effect or threaten to effect a change of control or ownership of corporations. Typically this would involve representation of offerors, offerees and other interested parties in connection with take-over bids, amalgamations, arrangements and the like, as well as “defensive” advice to corporations that perceived themselves to be vulnerable to unwanted or unsolicited offers. The M&A practitioner’s primary role is to lead a team of specialists and to coordinate their input on the corporate, securities, finance, tax, competition, labour, employee benefits, real property, regulatory, environmental, intellectual property, litigation and other areas of law that are likely to be implicated by a proposed transaction, while providing senior management with strategic input in conjunction with other M&A specialist advisors such as investment bankers, accountants, communications experts and government relations consultants. The deal management role often encompasses working with and incorporating the input from legal and other specialists in other provinces and countries. The definition of an M&A practice should include the ability to provide strategic advice, to apply seasoned business judgment and to creatively deal with the fast-changing moves and counter-moves of competitive bidding situations.

Mining

Mining law, in the Canadian context, is generally understood to include all legal issues relating to the mineral exploration, development, production and reclamation cycle, that is to say, from raw grass roots exploration through to the fabrication and ultimate sale of finished metal product, as well as mine closure and reclamation. It deals with such items as exploration and development agreements, joint ventures, syndicates and royalty agreements; mining taxation; project financing, structured financing, capital markets financing and the corporate and technical due diligence relating thereto; related infrastructure development and financing; engineering and service contracts; processing and refining contracts as well as metal sales contracts; intellectual property issues relating to mineral and mining technologies; mining commissioner and severance disputes; mineral policy and mineral strategy issues; and related socio-economic and environmental issues. It can be said to include the extractive sectors.

Occupational Health & Safety

The Occupational Health & Safety practice area is generally agreed to include advising with respect to occupational health and safety law compliance, conducting OHS workplace audits, drafting policies and procedures, providing training to supervisors and managers, representing clients in disputes relating to work refusals, counsel on the appeal of health and safety inspectors orders and directions, advising employers after critical injuries and fatalities, defending corporations, directors, officers and supervisors charged with occupational health and safety charges, counsel at coroners inquests and advising on related workers’ compensation matters.

Please note that the Lexpert Canadian Directory has separate sections for LABOUR RELATIONS and WORKERS’ COMPENSATION.

Pensions & Employee Benefits

A Pensions & Employee Benefits practice is generally considered to include work in the following areas: structuring and establishment of pension and benefit plans; group insurance arrangements; taxation; fiduciary responsibilities; questions of surplus entitlement; the implications of planned acquisitions, mergers, reorganizations and spin-offs; and executive compensation arrangements such as offshore trusts compensation arrangements, equity compensation, executive terminations, retiring allowances and deferred income arrangements.

Personal Injury

Personal Injury work is a broad practice area encompassing all manner of physical and psychological injuries suffered in a wide range of circumstances, except for medical negligence (a separate Survey). A practice may include some or all of such areas as road traffic and street accidents, occupiers’ liability, uninsured losses; spinal, brain and serious injury cases; fatal and dependency cases; public liability including all levels of government, school boards, etc. with respect to highways, public transportation, recreational facilities etc.; sports injuries; product liability cases; pharmaceutical and medical device product liability litigation; and catastrophic, multi-party litigation (air disasters, etc.). Please note that several lawyers who practise Insurance law, or other related areas, are included here. We are aiming to capture the main classifications of this and related practices.

Private Equity

Private Equity includes equity and quasi-equity investment activity in non-public markets. This area of law has buy-out, mezzanine and venture capital segments. Buy-out refers to mid-market, private company investments in more traditional industries that are undergoing a fundamental change in ownership, expansion or acquisition. Mezzanine investments are made primarily through subordinated debt or preferred shares. Venture capital investments typically involve new or young companies in innovative industries (technology, life sciences, media/communications). Venture capital investments may also involve late-stage investments in companies with established technology or concepts that require capital to expand production, marketing and sales.

Practice in this area may include assisting with the formation of investment funds, typically limited partnerships, which raise capital to invest in portfolio companies. Practitioners tend to have significant tax, corporate finance and general corporate expertise. Similarly, there may be a role in this practice for assisting with the financing by private equity funds or investors in portfolio companies.

Professional Liability

The professional negligence or liability practice area is generally understood to comprise the provision of advice and representation in civil proceedings alleging damages resulting from the negligent provision of professional services. The scope of this section encompasses all manner of professionals, including lawyers, notaries, insurance agents and brokers, real estate professionals, accountants, architects and engineers, directors and officers, actuaries, and stockbrokers.

Please note that this questionnaire does not pertain to MEDICAL NEGLIGENCE matters, which are dealt with on a separate questionnaire. However, regulatory matters involving doctors, nurses and other medical professionals may arise in this practice area.

Project Finance

Project Finance may be defined as non-recourse or limited recourse financing in which debt, equity and credit enhancement are combined for the construction and operation or refinancing of a particular facility in a capital intensive industry, in which lenders base credit risk and recourse on the asset value and projected revenues from the facility combined, in some cases, with limited sponsor support, rather than the general assets or credit worthiness of the sponsor.

Property Development

Property Development work is a broad practice area which, for purposes of this Lexpert Canadian Directory, is broken down as follows:

Commercial, retail and residential real estate financing and development work covers all aspects of real property transactions, including land acquisitions, site assembly, dispositions, financing structures and negotiations, joint ventures, partnerships, syndications, initial lease-ups, institutional investments including pension funds and REITs, condominium work (registration, bylaws, enforcement, annual meetings, unit purchases and sales, etc.), and issues relating to the enforcement of real estate security.

Land use planning/municipal law encompasses commercial, retail and residential planning and land use work, including official plan, zoning, subdivision, severance, variance, land use and development, and site plan matters; applications before municipal planning bodies, councils, provincial and federal boards; and related environmental compliance approvals. It may also include representation of regional and municipal governments in drafting of legislation; preparing, enforcing and contesting by-laws; advising on inter-governmental affairs and policy issues; and representing municipalities and their employees on negligence claims.

Please note that the Lexpert Canadian Directory has separate sections for PROPERTY LEASING, CONSTRUCTION LAW and ENVIRONMENTAL LAW.

Property Leasing

Property Leasing work is generally understood to incorporate the provision of advice in all aspects of leasing transactions and commercial leasing disputes to property owners, developers, tenants or property managers in the shopping centre, retail, office, mixed-use and industrial space leasing sectors including: drafting or adapting standard form leasing documentation and related agreements such as tri-party agreements, renewal agreements, air-space subleases and lease-leaseback arrangements in respect of newly constructed or existing buildings; property management; lease enforcement, insolvency, lease renegotiation, lease portfolio restructuring as well as lease takeover and sublease transactions; tax aspects of leasing transactions; environmental compliance aspects of leasing transactions; and the negotiation and drafting of ground leases for financing, joint-venture or long-term capital appreciation purposes.

Please note that there is a separate questionnaire for PROPERTY DEVELOPMENT.

Shipping & Maritime Law

Shipping & Maritime Law generally includes litigation work and solicitors’ work which may be described as follows: litigation work involves breach of charter-party disputes, cargo and bills of lading claims, general average claims, arrest of vessels and cargoes, marine insurance claims (including partial and total loss of ships), ship repairers’ liability claims, collision, towage, salvage, environmental liabilities, arbitrations, personal injury, oil pollution liability, the enforcement of securities and applications for extraordinary relief such as injunctions and mandamus. Solicitors’ work includes preparation of contracts for construction, purchase, sale, financing and charter of deep sea, coastal, fishing and pleasure vessels, flagging and registration, customs and licensing and preparation of carriage documentation such as contracts of affreightment, charter-parties and bills of lading.

Technology Transactions

Technology lawyers focus on the development and finance of technology-based businesses. Technology law involves working with investors, start-up or later stage enterprises, venture capital investors, technology lenders and technology-oriented investment dealers in such matters as private and public financings; stockholder and employment matters; strategic alliances, partnerships and joint ventures; stock exchange listings; and mergers and acquisitions. This often necessitates working closely over a long period with a technology business at all stages, from initial business and financial start-up plans to an IPO and beyond to such high-end matters as mergers and acquisitions or corporate governance.

Please note that the Lexpert Canadian Directory has separate Sections for COMPUTER & IT LAW, INTELLECTUAL PROPERTY, TELECOMMUNICATIONS, and BIOTECHNOLOGY.

Telecommunications

Telecommunications law includes a wide range of activities referrable to the regulated sectors of telecommunications, broadcasting and broadcast distribution. More precisely, it refers to activities regulated by the Department of Industry Canada pursuant to the Radiocommunication Act (and related regulations) and the Canadian Radio-television and Telecommunications Commission (“CRTC”), inter alia, pursuant to the Telecommunications Act (and related regulations). Communications law is a term often used for practice related to activities regulated by the CRTC, inter alia, pursuant to the Broadcasting Act (and related regulations). Telecommunications practitioners advise companies whose activities are regulated directly by the CRTC and/or Industry Canada, as well as other companies whose activities might be affected by agency and department decisions. Communications practitioners tend to focus on licensing activity before the CRTC. Other aspects of telecommunication law include telephone, telecommunications, online regulation and policy, telecommunications and multimedia, international negotiations and agreements. These governing statutes may be amended from time to time to include new forms of telecommunications.

Transportation (Road & Rail)

The practice of Transportation (Road & Rail) law is generally understood to encompass a broad spectrum of functions, including licensing regulation and licensing applications in Canada and the US, advising on transportation contracts, advising on Canada customs and US customs matters, acting in relations to the national and international transportation aspects of mergers and acquisitions; National Transportation Agency filings; and advising with respect to the transport of environmentally sensitive or dangerous goods and hazardous wastes.

Workers’ Compensation

A workplace safety and insurance (Workers’ Compensation) practice is generally understood to include advising with respect to rate classifications and calculations, cost containment, claims management and providing representation at hearings and appeals.

Workplace Human Rights

Workplace Human Rights is generally understood to comprise the provision of advice and representation, whether by way of negotiation, judicial proceedings, alternative dispute resolution, mediation or arbitration, in all matters relating to discriminatory practices based on grounds that are, or are argued to be prohibited by various federal and provincial statutes, codes, constitutional protections and at common law. Mandates in this area also include the development of training programmes to enable legislative compliance.

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