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McCarthy Tétrault LLP Toronto, BC Document Search Results (188) Show: results per page Sort by:  | The Second Opinion: Class Actions Do Not Trump Physician-Patient Confidentiality Rights
Brandon Kain; McCarthy Tétrault LLP;
Legal Alert/Article June 5, 2013, previously published on June 3, 2013 The B.C. Court of Appeal has ruled that plaintiffs in a certified class action cannot compel the production of information about class members from the third party physicians who treated them. The decision in Logan v. Hong, 2013 BCCA 249 is an important reaffirmation of the confidentiality...
| | Canada Imposes Wide-Reaching Export, Import and Investment Bans Against Iran
John W. Boscariol; McCarthy Tétrault LLP;
Legal Alert/Article June 5, 2013, previously published on May 30, 2013 Effective May 29, 2013, Canada significantly has expanded its existing economic sanctions measures against Iran by implementing a general ban on supplying or sourcing goods to or from Iran and a prohibition on making any investments in Iran. Up until now, Canada’s sanctions measures have been...
| | Aboriginal Law Update: Behn v. Moulton Contracting Ltd., 2013 SCC 26
Stephanie Axmann, Thomas Isaac; McCarthy Tétrault LLP;
Legal Alert/Article June 5, 2013, previously published on May 30, 2013 On May 9, 2013, the Supreme Court of Canada (SCC) released its reasons in Behn v. Moulton Contracting Ltd., unanimously dismissing the appeal of the appellants, individuals who were members of the Fort Nelson First Nation (FNFN). Moulton Contracting Ltd. (Moulton), a logging company, commenced a...
| | Québec Tables New Mining Act Bill
McCarthy Tetrault LLP;
Legal Alert/Article June 5, 2013, previously published on May 31, 2013 On May 29, 2013, the Québec Minister of Natural Resources tabled the proposed new Mining Act, Bill 43. This is the latest in several recent attempts by governments of Québec to reform Québec mining legislation. Bill 43 would replace the entire Mining Act. It retains most of the...
| | Is Repetition the Sincerest Form of Flattery? The Supreme Court’s Decision in Cojocaru v. British Columbia Women’s Hospital and Health Centre
Marie-Hélène Beaudoin, Ronald Podolny; McCarthy Tétrault LLP;
Legal Alert/Article June 3, 2013, previously published on May 29, 2013 The Supreme Court has rendered its decision in Cojocaru v. British Columbia Women’s Hospital and Health Centre, a case concerned with the propriety of judicial adoption verbatim of counsel’s submissions in the Court’s decision. Beyond the issue of when extensive incorporation of a...
| | PM(NOC) Proceedings: Cobalt Defeats Bayer’s Canadian Patent on Oral Contraceptive YASMIN
David Tait; McCarthy Tétrault LLP;
Legal Alert/Article June 3, 2013, previously published on May 31, 2013 On May 29, 2013 Justice O’Reilly of the Federal Court dismissed Bayer PM Notice of Compliance (NOC) proceeding against Cobalt. The issue before the Court was whether Cobalt’s proposed generic product would infringe a single claim (claim 13) in a Canadian Bayer patent to drospirenone, an...
| | Pfizer Liable to Apotex for Section 8 Damages: Amount to be Determined
David Tait, Steven Tanner; McCarthy Tétrault LLP;
Legal Alert/Article May 29, 2013, previously published on May 27, 2013 In a judgment pronounced on May 10, 2013, Justice O’Reilly of the Federal Court of Canada, granted Apotex’s claim against Pfizer for section 8 damages under Canada’s Patented Medicines (Notice of Compliance) Regulations, SOR/93-133. The sole issue before the Court was whether...
| | Immigration Issues in M&A Transactions
Naseem Malik; McCarthy Tétrault LLP;
Legal Alert/Article May 29, 2013, previously published on May 27, 2013 Given the complexities of a typical business acquisition, it is frequently the case that immigration issues slip well down the priority list for such a transaction. From dealing with entry into Canada for the purpose of conducting due diligence, to deciding whose responsibility it is to employ...
| | The Second Opinion: UK Court of Appeal Limits Compensation Owed by Businesses which Breach Privacy Laws
Kirsten Thompson; McCarthy Tétrault LLP;
Legal Alert/Article May 27, 2013, previously published on May 24, 2013 Courts in both Canada and UK are grappling with developing a principled approach to damage awards in breach of privacy cases - what types of damage ought to be recognized? Who should be compensated for such damage? By how much? Recent UK case law suggests that a company’s liability for breach...
| | A Little Less Above the Law? Crown Immunity in Lantheus Medical Imaging Inc. v. Atomic Energy of Canada Ltd.
Larissa Moscu; McCarthy Tétrault LLP;
Legal Alert/Article May 27, 2013, previously published on May 24, 2013 Citing the “modern legislative trend” towards “putting the Crown on an equal footing with everyone else”, the Ontario Court of Appeal recently overturned an application judge’s granting of legal immunity to a Crown agent. The Appellate Court held that Atomic Energy of...
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