McCarthy Tétrault LLP Document Search Results (428)
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|The Second Opinion: “Stinky” but not “Fundamental” — The BCCA sets a High Hurdle for Repudiation of a Lease|
Anthony M.C. Alexander; McCarthy Tétrault LLP;
June 23, 2014, previously published on June 13, 2014The contractual doctrine of “fundamental breach” is both doctrinally complex and highly contextual. In Stearman v. Powers, 2013 BCCA 206, the Court concluded that, on the facts before it, a commercial tenant had not been justified in repudiating her lease and walking away from the...
|Can the OSC’s Public Interest Power Be Used to Expand Insider Trading Liability?|
Cristian O. Blidariu, Rene R. Sorell; McCarthy Tétrault LLP;
June 20, 2014, previously published on May 28, 2014In recent years, the Ontario Securities Commission (OSC) has been relying on its discretionary public interest power to make enforcement orders in circumstances where no actual breach of securities laws has been proven and no egregious violation of recognized conduct standards is necessarily...
|Wal-Mart (Still) Pays High Price for Failing to Investigate Employee’s Complaint|
Meaghan McWhinnie; McCarthy Tetrault LLP;
June 20, 2014, previously published on June 9, 2014A recent Ontario Court of Appeal decision Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419, is an important reminder to employers that failing to properly investigate allegations of harassment in the workplace can be incredibly costly.
|Historic Procurement Opportunities - Part II: Scope of the Comprehensive Economic Trade Agreement with Europe Regarding Public Utility Procurement|
Robert A. Glasgow, Brenda C. Swick; McCarthy Tétrault LLP;
June 20, 2014, previously published on June 18, 2014Our prior instalment considered the changes that the Comprehensive Economic Trade Agreement (“CETA”) will have on procurement by public utilities. We will now look at the extent to which the obligations imposed by CETA on procurements by public utilities will be limited by minimum...
|IIROC Survey Shows Diverse “Best Execution” Practices|
Cristian O. Blidariu, Michael C. Nicholas, Sean D. Sadler, Rene R. Sorell; McCarthy Tétrault LLP;
June 20, 2014, previously published on June 5, 2014Recently, the Investment Industry Regulatory Organization of Canada (IIROC) released the results of a best execution survey it conducted of all its dealer members that execute secondary market trades in listed securities. There is great variability in the best execution practices followed by...
|Compliance with CAN-SPAM Does Not Equal Compliance with CASL|
Roland Hung; McCarthy Tétrault LLP;
June 18, 2014, previously published on June 10, 2014We are approximately a month away from the effective date of Canada’s Anti-Spam Legislation (CASL), July 1, 2014. CASL is widely considered to be among the toughest anti-spam legislation in the world and will have significant implications for businesses. All commercial electronic messages...
|Big Data - Big Problem? The FTC Recommends the US Congress Reign in Data Brokers|
Kirsten Thompson; McCarthy Tétrault LLP;
June 18, 2014, previously published on June 11, 2014Big Data is the term used to describe the enormous datasets that are beyond the ability of most software to process. Statistical analysis of these giant data sets can allow the holder to predict baseball outcomes (think Moneyball), pregnancy and, apparently, the stock market.
|Privacy Breaches: Statutory Torts of the British Columbia’s Privacy Act Override Forum Selection Clauses|
Sean Griffin, Anne-Elisabeth Simard; McCarthy Tétrault LLP;
June 18, 2014, previously published on June 10, 2014On May 30, 2014, the Supreme Court of British Columbia rendered a judgment certifying a class action against Facebook Inc. (“Facebook”). In Douez v. Facebook Inc., the plaintiff alleges that Facebook used the names or portraits of Facebook users without their consent in advertisements...
|What’s the Difference between Google and an Elephant? An Elephant Never Forgets|
Kirsten Thompson; McCarthy Tétrault LLP;
June 18, 2014, previously published on June 11, 2014Last month, in a bombshell decision, the European Union’s Court of Justice (“CJEU”) demanded that Google “forget” certain items. The demand resulted from a CJEU decision that individuals have a right to request that a search engine remove certain webpage links from the...
|Developers, Brokers and Anti-Money Laundering Legislation: Who Is Responsible?|
Ashley Bozek; McCarthy Tétrault LLP;
June 17, 2014, previously published on June 10, 2014In situations where developers retain real estate brokers to conduct sales activities on their behalf (for example, in a sales centre), questions may arise as to whether the developer has any obligations under the Proceeds of Crime (Money Laundering) and Terrorist Finance Act (Canada) (the...