Blakes Weekly Digest | November 29, 2024
In this issue...
Ontario Court Confirms: Rules Chosen by Arbitration Parties Govern Analysis of Arbitrator Bias
The Court of Appeal for Ontario recently issued its decision in Aroma Franchise Company, Inc. v. Aroma Espresso Bar Canada Inc., clarifying an arbitrator’s duty to disclose potential conflicts of interest and how claims of bias are assessed. The court confirmed that an arbitrator’s disclosure obligations and the evaluation of bias depend on the rules chosen by the arbitration parties. Under the UNCITRAL Model Law on International Arbitration, the assessment of potential bias must be objective.
CSA Proposes Access Model for Continuous Disclosure Documents of Non-Investment Fund Reporting Issuers
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The Canadian Securities Administrators (CSA) is seeking feedback on a proposed access model for certain continuous disclosure documents of non-investment fund reporting issuers. The proposed implementations are part of the CSA’s measures to modernize continuous disclosure. The access model will include improved SEDAR+ notification functionality and requirements for posting continuous disclosure documents simultaneously on the issuer’s website and SEDAR+. The proposed access model is open for a 90-day comment period, ending on February 17, 2025.
CRTC Launches Consultation on Canadian Content in the Audiovisual Sector
The Canadian Radio-television and Telecommunications Commission (CRTC) is inviting comments from the public on proposed changes to the regulation of Canadian audiovisual content. The proposed measures include updates to the definition of Canadian programs and the scope of expenditures broadcasters must make to support the creation and distribution of Canadian content. Interested parties may provide written comments by January 20, 2025, and intervenors may request to participate in a public hearing scheduled to begin on March 31, 2025.