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HTMLThe Second Opinion: “Stinky” but not “Fundamental” — The BCCA sets a High Hurdle for Repudiation of a Lease
Anthony M.C. Alexander; McCarthy Tétrault LLP;
Legal Alert/Article
June 23, 2014, previously published on June 13, 2014
The 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...

 

HTMLCan the OSC’s Public Interest Power Be Used to Expand Insider Trading Liability?
Cristian O. Blidariu, Rene R. Sorell; McCarthy Tétrault LLP;
Legal Alert/Article
June 20, 2014, previously published on May 28, 2014
In 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...

 

HTMLWal-Mart (Still) Pays High Price for Failing to Investigate Employee’s Complaint
Meaghan McWhinnie; McCarthy Tetrault LLP;
Legal Alert/Article
June 20, 2014, previously published on June 9, 2014
A 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.

 

HTMLHistoric 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;
Legal Alert/Article
June 20, 2014, previously published on June 18, 2014
Our 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...

 

HTMLIIROC Survey Shows Diverse “Best Execution” Practices
Cristian O. Blidariu, Michael C. Nicholas, Sean D. Sadler, Rene R. Sorell; McCarthy Tétrault LLP;
Legal Alert/Article
June 20, 2014, previously published on June 5, 2014
Recently, 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...

 

HTMLCompliance with CAN-SPAM Does Not Equal Compliance with CASL
Roland Hung; McCarthy Tétrault LLP;
Legal Alert/Article
June 18, 2014, previously published on June 10, 2014
We 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...

 

HTMLBig Data - Big Problem? The FTC Recommends the US Congress Reign in Data Brokers
Kirsten Thompson; McCarthy Tétrault LLP;
Legal Alert/Article
June 18, 2014, previously published on June 11, 2014
Big 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.

 

HTMLPrivacy Breaches: Statutory Torts of the British Columbia’s Privacy Act Override Forum Selection Clauses
Sean Griffin, Anne-Elisabeth Simard; McCarthy Tétrault LLP;
Legal Alert/Article
June 18, 2014, previously published on June 10, 2014
On 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...

 

HTMLWhat’s the Difference between Google and an Elephant? An Elephant Never Forgets
Kirsten Thompson; McCarthy Tétrault LLP;
Legal Alert/Article
June 18, 2014, previously published on June 11, 2014
Last 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...

 

HTMLDevelopers, Brokers and Anti-Money Laundering Legislation: Who Is Responsible?
Ashley Bozek; McCarthy Tétrault LLP;
Legal Alert/Article
June 17, 2014, previously published on June 10, 2014
In 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...

 


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