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HTMLEnvironmental Appeal Board Punishes Appellant for Bad Behaviour
Nicholas Hughes; McCarthy Tétrault LLP;
Legal Alert/Article
October 28, 2014, previously published on October 21, 2014
On September 15, 2014, the British Columbia Environmental Appeal Board (Board), in a rare exercise of its powers, awarded costs against an appellant in Seaspan ULC v. Director, Environmental Management Act, Decision Nos. 2010-EMA-005(c) and 2010-EMA-006(c). In a comprehensive 43-page decision, the...

 

HTMLWhat’s “New” and What to Do About it? Supreme Court Sets High Bar to Appellate Courts Exercising Discretion to Raise New Issues
Lisa Jorgensen; McCarthy Tétrault LLP;
Legal Alert/Article
October 28, 2014, previously published on October 22, 2014
In R. v. Mian, the Supreme Court provided extensive comment on when an “appellate court can disrupt the adversarial system and raise a ground of appeal on its own” initiative.

 

HTMLCompetition Bureau Releases Updated IP Guidelines
Jonathan Bitran, Dominic Thérien; McCarthy Tétrault LLP;
Legal Alert/Article
October 28, 2014, previously published on October 20, 2014
On September 18, 2014, the Competition Bureau (Bureau) released updated Intellectual Property Enforcement Guidelines (IPEGs). These IPEGs are an update of the original guidelines released in 2000 and result from recent consultations; the Bureau has announced that it will soon conduct another...

 

HTMLRégie de l’énergie Approves Weighting Table for 450 MW Wind RFP
Louis-Nicolas Boulanger, Mathieu LeBlanc; McCarthy Tétrault LLP;
Legal Alert/Article
October 28, 2014, previously published on October 21, 2014
On August 22, we reported that Hydro-Québec Distribution was postponing to an undetermined date the deadline for submission of bids in its latest call for tenders for the purchase of a block of wind power produced by facilities with an installed capacity of 450 MW (A/O 2013-01), pending the...

 

HTMLBritish Columbia Government Tables LNG Tax Legislation
Paul R. Cassidy, Sven Milelli, Gordon M. Nettleton, Monika A. Sawicka; McCarthy Tétrault LLP;
Legal Alert/Article
October 28, 2014, previously published on October 21, 2014
On October 21, 2014, the British Columbia Government tabled Bill 6, the Liquefied Natural Gas Income Tax Act. The Bill will be considered at the Legislature’s next sitting.

 

HTMLBC Sets New Global Greenhouse Gas Emissions Standard for LNG Industry
Paul R. Cassidy, Selina Lee-Andersen; McCarthy Tétrault LLP;
Legal Alert/Article
October 28, 2014, previously published on October 22, 2014
On October 20, 2014, BC Environment Minister Mary Polak introduced legislation for the management of greenhouse gas (GHG) emissions from the province’s burgeoning liquefied natural gas (LNG) industry. With the objective of ensuring that BC has the cleanest LNG facilities in the world, Bill 2...

 

HTMLCanadian Back-to-Back Loan Proposals
Nigel P.J. Johnston, Gabrielle M.R. Richards; McCarthy Tétrault LLP;
Legal Alert/Article
October 22, 2014, previously published on October 15, 2014
The 2014 federal budget included measures (Budget Measures) intended to eliminate the use of back-to-back loans to avoid the thin capitalization rules and/or withholding tax on interest paid to non-arm’s length non-residents so as to protect the Canadian tax base from erosion by limiting the...

 

HTMLRules Requiring Disclosure of Participation of Women on Boards and in Senior Management coming into force December 31, 2014
Myreille Gilbert, Jonathan R. Grant, Wendi A. Locke, Genevieve Pinto, Sonia J. Struthers; McCarthy Tétrault LLP;
Legal Alert/Article
October 22, 2014, previously published on October 16, 2014
The Canadian Securities Administrators (CSA) published October 15, 2014 in final form amendments to the governance disclosure rules contained in National Instrument 58-101 - Disclosure of Corporate Governance Practices (Amendments) that will require public companies which are reporting issuers in...

 

HTMLEarly Warning Reporting Threshold Remains at 10% While Other Changes to Enhance Transparency Will Be Implemented
McCarthy Tetrault LLP;
Legal Alert/Article
October 22, 2014, previously published on October 15, 2014
On October 10, 2014, the Canadian Securities Administrators (CSA) provided an update on the status of proposed amendments to Canada’s early warning reporting (EWR) system first published in March 2013. After extensive public consultation, the CSA announced that they will proceed with the...

 

HTMLFourth Protocol to Canada-UK Treaty Eliminates Withholding Tax on Arm’s Length Interest, but Preserves Tax Exemption for Gains on Disposition of Shares and Interests Deriving Value from Canadian Real Property
Elaine Buzzell, Nigel P.J. Johnston; McCarthy Tétrault LLP;
Legal Alert/Article
October 22, 2014, previously published on October 15, 2014
On July 21, 2014, the governments of Canada and the United Kingdom signed the fourth protocol (Protocol) amending the Convention between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland for the Avoidance of Double Taxation and the Prevention of...

 


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