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HTMLDeemed Reliance in the U.S. Supreme Court
Eric S. Block, Andrew Matheson, Dana M. Peebles, Stephanie Sugar; McCarthy Tétrault LLP;
Legal Alert/Article
July 25, 2014, previously published on July 14, 2014
On June 23, 2014, the United States Supreme Court issued its much-anticipated decision in Halliburton Co. v. Erica P. John Fund (“Halliburton”), as issuers and investors in the U.S. (and Canada) wanted to see if the landscape for securities class actions in both countries would be...

 

HTMLIs Your Joint Venture GST/HST-compliant?
Charlene Schafer; McCarthy Tétrault LLP;
Legal Alert/Article
July 23, 2014, previously published on July 22, 2014
There is less than 6 months remaining until the expiry of the Canada Revenue Agency’s (“CRA”) administrative tolerance for non-compliant joint venture nominee corporations to report and claim input tax credits (“ITC’s”) in respect of GST/HST payable on behalf of...

 

HTMLNew Government-Industry Working Group on Wind Energy Development in Québec
Louis-Nicolas Boulanger, Mathieu Bernier Trudeau; McCarthy Tétrault LLP;
Legal Alert/Article
July 22, 2014, previously published on July 18, 2014
Québec Minister of Energy and Natural Resources Pierre Arcand announced yesterday the creation of a Government-industry working group destined to assess the development of the provincial wind power industry.

 

HTMLA Practical Approach to Navigating Debarment by the Canadian Government
Brenda C. Swick; McCarthy Tétrault LLP;
Legal Alert/Article
July 21, 2014, previously published on July 17, 2014
Federal debarment of contractors that violate federal contracting rules is sharply on the rise. The recent Integrity Framework issued by Public Works and Government Services Canada is fuelled by a desire for government accountability in an age of unprecedented government spending. Contractors must...

 

HTMLToo much of a “Good Thing”? Exclusivity and Enforcement in Licensing Agreements
Elder C. Marques; McCarthy Tétrault LLP;
Legal Alert/Article
July 21, 2014, previously published on July 11, 2014
Exclusive product or manufacturing licenses allow retailers to leverage a partnering business’s strengths, such as a strong brand name, loyal customer base, or state-of-the-art operations and supply chain management. With these benefits, retailers might be tempted to find multiple strategic...

 

HTMLFrom the Desk of the HR Manager, June 2014
Melissa Kennedy; McCarthy Tetrault LLP;
Legal Alert/Article
July 21, 2014, previously published on June 2014
Regular attendance is key to maintaining a successful, productive organization. A full-time job cannot be performed by a part-time employee. An employee should be expected to come to work ready to perform the requirements of their job every day; excessive tardiness and absenteeism cannot be...

 

HTMLWal-Mart Will Have to Compensate the Former Employees of its Jonquière Establishment
Julie C. Fortier, Guylaine Lacerte; McCarthy Tétrault LLP;
Legal Alert/Article
July 21, 2014, previously published on July 8, 2014
On Friday, June 27, 2014, the Supreme Court of Canada ruled that Wal-Mart will have to compensate the former employees of its Jonquière establishment.

 

HTMLOntario Court of Appeal puts the “Reasonable” back into “Reasonable Notice”
Matthew Demeo, Daniel Pugen; McCarthy Tétrault LLP;
Legal Alert/Article
July 21, 2014, previously published on July 3, 2014
Determining the actual notice period an employee is entitled to upon termination is often a frustrating exercise for employers. This is especially true of the more recent case-law which has tended to place more emphasis on certain factors (age and tenure) at the expense of other factors (nature of...

 

HTMLThe Enforcement Begins: Highlights of the CRTC FAQ Updates on CASL
Roland Hung, Shana Wolch; McCarthy Tétrault LLP;
Legal Alert/Article
July 21, 2014, previously published on July 17, 2014
CASL came into effect on July 1, 2014, including the provisions for sending commercial electronic messages (“CEM”) (section 6) and installing computer programs (section 8). Since July 1, 2014, it is reported that the CRTC has received more than 1,000 complaints. Hence, awareness of...

 

HTMLThe Prodigal Pension Plan Member
Lorraine Allard; McCarthy Tétrault LLP;
Legal Alert/Article
July 21, 2014, previously published on July 16, 2014
It’s one of those pension administration nightmares - someone of pensionable age shows up at your door claiming he was an employee 20 years ago and asks for his pension. There is some evidence of employment, but no record of a pension entitlement. As a fiduciary you cannot pay out benefits...

 


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