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McCarthy Tétrault LLP Document Search Results (283) Show: results per page Sort by:  | The Second Opinion: The Alberta Court of Appeal Helps Unwind The “Factual Matrix”
Anthony M.C. Alexander; McCarthy Tétrault LLP;
Legal Alert/Article February 14, 2013, previously published on February 13, 2013 Every lawyer knows that, when interpreting a contract, one is permitted to take into account the ”factual matrix” that surrounded the execution of the agreement. A question that is far less clear is the meaning of this concept — i.e., in construing the contract, what...
| | Consumer Class Actions: BCCA Limits Availability of “Waiver of Tort” Claims but Expands Jurisdictional Reach in Conspiracy Claims
Laurie Baptiste; McCarthy Tétrault LLP;
Legal Alert/Article February 12, 2013, previously published on February 11, 2013 The SCC recently dismissed two leave applications from important (but unrelated) decisions of the BCCA in the consumer class action realm. One decision, in a rather noteworthy step, engages in an extensive analysis of and narrows the availability of the “waiver of tort” doctrine in...
| | Childcare and Family Status Discrimination
Earl Phillips; McCarthy Tétrault LLP;
Legal Alert/Article February 12, 2013, previously published on February 6, 2013 The Federal Court has weighed in on the side of broader application of family status discrimination. Employers can expect more requests for accommodation of the choices their employees make about how they will meet their childcare responsibilities.
| | A Penny Saved is a Penny Earned?
Lauren Cowl, Lara Nathans; McCarthy Tétrault LLP;
Legal Alert/Article February 11, 2013, previously published on February 8, 2013 Effective February 4, 2013, the Canadian government proceeded with its plan to phase out the penny. In light of rising production and handling costs relative to the coin’s face value, the Royal Canadian Mint has now ceased production of the penny, and businesses, including retailers, are...
| | The Second Opinion: The UK Supreme Court Declines to Extend the “Piercing the Corporate Veil” Doctrine
Hovsep Afarian; McCarthy Tétrault LLP;
Legal Alert/Article February 11, 2013, previously published on February 8, 2013 In a much-anticipated decision released earlier this week, the UK Supreme Court revisited and ultimately reaffirmed its venerable decision in Salomon v. Salomon, which recognized over a century ago the separate legal existence of a corporation from its shareholders. The Supreme Court was urged to...
| | Commissioner of Competition Outlines Competition Bureau’s Agenda
McCarthy Tetrault LLP;
Legal Alert/Article February 8, 2013, previously published on February 4, 2013 On January 31, 2013, Mr. John Pecman, Canada's Interim Commissioner of Competition (Commissioner) met with representatives of the business and legal community at the offices of McCarthy Tétrault to discuss the Competition Bureau’s (Bureau) current priorities.
| | The Second Opinion: Ontario Court of Appeal Rejects “Conditional” Certification of Class Actions
Brandon Kain; McCarthy Tétrault LLP;
Legal Alert/Article February 8, 2013, previously published on February 6, 2013 The Ontario Court of Appeal has released a new ruling which holds that motion judges do not have jurisdiction to “conditionally” certify class actions that fail to disclose a cause of action under s. 5(1)(a) of the Ontario Class Proceedings Act (“CPA“).
| | Ontario Court of Appeal Considers Scope of Franchisor’s Duty to Disclose Outside Mandatory Disclosure Context
McCarthy Tetrault LLP;
Legal Alert/Article February 8, 2013, previously published on February 4, 2013 In an important new decision for franchisors, 3574423 Canada Inc. v. Baton Rouge Restaurants Inc. (Baton Rouge), the Ontario Court of Appeal (ONCA) recently considered the scope of informational disclosure a franchisor is required to provide to one of its franchisees outside the context of...
| | Significant Amendments Proposed to Strengthen Canada’s Anti-Corruption Regime
Paul Michael Blyschak, John W. Boscariol, Robert A. Glasgow, Brenda C. Swick; McCarthy Tétrault LLP;
Legal Alert/Article February 8, 2013, previously published on February 6, 2013 On February 5, 2013, Bill S-14, the Fighting Foreign Corruption Act was introduced into Canada’s Senate. It proposes the most significant amendments to the Corruption of Foreign Public Officials Act (CFPOA) since it came into effect in 1999. These broad ranging amendments will increase the...
| | New Notice-and-Access Process - Streamlined Delivery of Proxy Materials, but Use With Care!
McCarthy Tetrault LLP;
Legal Alert/Article February 8, 2013, previously published on February 5, 2013 Have Canadian securities administrators finally brought proxy delivery processes into the digital age? The Canadian Securities Administrators (CSA) certainly hope so.
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