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HTMLOntario Court Affirms Crown’s Delegation of Consultation to Proponent under Mining Act
Stephanie Axmann, Geoff R. Hall; McCarthy Tétrault LLP;
Legal Alert/Article
September 12, 2014, previously published on September 9, 2014
On August 28, 2014, in Wabauskang First Nation v. Minister of Northern Development and Mines (Wabauskang), the Ontario Divisional Court (Court) dismissed a judicial review application brought by Wabauskang First Nation (WFN) against the Ontario Ministry of Northern Development and Mines (Ministry)...

 

HTMLAugusta/HudBay - B.C. Securities Commission Policy Remains Unchanged
Saqib Butt, Matthew Cumming; McCarthy Tétrault LLP;
Legal Alert/Article
September 12, 2014, previously published on September 8, 2014
Over the summer, the British Columbia Securities Commission (BCSC) issued reasons for its previous decision that allowed Augusta Resource Corporation (Augusta) to maintain its shareholder rights plan after a hostile bid was made by HudBay Minerals Inc. (HudBay). The BCSC permitted Augusta’s...

 

HTMLGOOD FAITH BARGAINING? Recent Decision Implies a Duty to Negotiate in Good Faith
Matthew Cumming, Shane C. D'Souza; McCarthy Tétrault LLP;
Legal Alert/Article
September 12, 2014, previously published on September 2, 2014
A duty to negotiate in good faith appears to run counter to the adversarial nature of bargaining. However, parties may have a duty to negotiate in good faith according to the recent decision in SCM Insurance Services Inc. v. Medisys Corporate Health LP, 2014 ONSC 2632, where the Ontario Superior...

 

HTMLHow to Review a SIPP
Lorraine Allard; McCarthy Tétrault LLP;
Legal Alert/Article
September 12, 2014, previously published on September 4, 2014
A Statement of Investment Policies and Procedures (SIPP) is a legal document that is required by law to be developed and adopted for each registered pension plan. This is so regardless of the nature and degree of complexity of the plan. The SIPP must contain the prescribed information, must be...

 

HTMLThe Crucial Distinction Between Carrots and Sticks: Incentives and Penalties in the Interpretation of the Interest Act
Timothy Froese; McCarthy Tétrault LLP;
Legal Alert/Article
September 9, 2014, previously published on September 3, 2014
Do incentives for prompt payment in a mortgage, which would be lost on default, run afoul of the prohibition against penalties for non-performance contained in s.8 of the Interest Act? The Alberta Court of Appeal recently split over this question, with the majority saying no. This case could affect...

 

HTMLCovenants to Insure
Michael Nienhuis, Will Skinner; McCarthy Tétrault LLP;
Legal Alert/Article
September 8, 2014, previously published on September 5, 2014
In most commercial leases, the landlord and tenant obligate themselves to obtain policies of insurance against certain risks. This often includes, for the landlord, property insurance for the building and boiler equipment, liability and property policies for the landlord’s operations in the...

 

HTMLInterpretation Of Leases 101: Top 10 Rules
Abraham Costin, Matthew McCarthy; McCarthy Tétrault LLP;
Legal Alert/Article
September 5, 2014, previously published on August 28, 2014
One of the trickiest parts of drafting any commercial agreement, including a lease, is anticipating how all its provisions will be interpreted once it is in effect. Differing interpretations can lead to disagreements between the contracting parties, and possibly to litigation. If this happens,...

 

HTMLWhen Does an Employer own Copyright in a Photograph Made by an Employee?
Keith D. Rose; McCarthy Tétrault LLP;
Legal Alert/Article
September 4, 2014, previously published on September 2, 2014
An employee takes a photograph of a customer on the employer’s premises. The employee has a signed employment agreement which states that all materials developed during the term of the contract are property of the employer. The employer obtains a copy of the photograph and uses it in social...

 

HTMLHydro-Québec Distribution 450 MW Wind RFP Submission Deadline Delayed
Daniel Bénay, Cristel Chabot-Lapointe, Mathieu LeBlanc; McCarthy Tétrault LLP;
Legal Alert/Article
September 2, 2014, previously published on August 22, 2014
On December 18, 2013, we reported that Hydro-Québec Distribution (HQD) had issued a call for tenders for the purchase of a block of wind power produced by facilities with an installed capacity of 450 MW. A link to this blog post can be found here...

 

HTMLOntario Court of Appeal Turns Against Cross-Border Securities Class Actions
H. Michael Rosenberg, Sapna Thakker; McCarthy Tétrault LLP;
Legal Alert/Article
September 2, 2014, previously published on August 22, 2014
In the recent decision of Kaynes v. BP, PLC, 2014 ONCA 580, the Ontario Court of Appeal stayed a proposed secondary market securities class action on the basis of forum non conveniens. Writing for a unanimous Court of Appeal, Sharpe J.A. found that Ontario could assume jurisdiction over claims by...

 


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