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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...

 

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.

 

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...

 

HTMLMore on “Golden Leash” Arrangements: Institutional Investor Organization Urges SEC to Require Disclosure
Shane C. D'Souza, Deandra L. Schubert; McCarthy Tétrault LLP;
Legal Alert/Article
June 11, 2014, previously published on May 22, 2014
The debate about so-called “golden leash” arrangements has picked up again. The Council of Institutional Investors (“CII”), an influential association of institutional investors, recently wrote a letter to the U.S. Securities and Exchange Commission (“SEC”)...

 

HTMLHighlights of the Québec Government's 2014-2015 Budget Relating to Businesses
Angelo Discepola, Johnathan Landry, Marie-Soleil Landry, Ryan Rabinovitch; McCarthy Tétrault LLP;
Legal Alert/Article
June 11, 2014, previously published on June 5, 2014
Following the defeat of the Parti Québécois on April 7, 2014, taxpayers were left facing some uncertainty with respect to the fate of Bill 55, which sought to introduce the Parti Québécois’ reform to the mining tax regime, which was to apply to fiscal years...

 

HTMLNo Anonymity for Grievors: BC Labour Board Rules that Grievors and Witnesses Should Be Identified in Labour Arbitration Decisions
Donovan Plomp; McCarthy Tétrault LLP;
Legal Alert/Article
June 11, 2014, previously published on June 3, 2014
The Labour Relations Board has upheld BC Arbitrator Stan Lanyon’s decision in Sunrise Poultry Processors Ltd. v. United Food and Commercial Workers, Local 1518 that the names of grievors and witnesses should, as a general rule, be published in labour arbitration awards.

 

HTMLExplain yourself! The Ontario Court of Appeal Reminds Us of the Importance of Reasons in Barbieri v. Mastronardi
Justin H. Nasseri; McCarthy Tétrault LLP;
Legal Alert/Article
June 10, 2014, previously published on May 30, 2014
Recently, the Ontario Court of Appeal reminded us of the importance of reasons for judgment in Barbieri v. Mastronardi. A unanimous Court allowed an appeal from an order granting summary judgment to a plaintiff who sued for breach of contract and negligence, holding that the lack of sufficient...

 

HTMLLouisiana-Pacific Corporation and Ainsworth Lumber Co. Ltd. Terminate USD$1.1B Deal Due to Regulatory Hurdles
Oliver J. Borgers, Michele F. Siu; McCarthy Tétrault LLP;
Legal Alert/Article
June 4, 2014, previously published on June 2, 2014
On May 14, 2014, Louisiana-Pacific Corporation (Louisiana Pacific) and Ainsworth Lumber Co. Ltd. (Ainsworth) mutually agreed to terminate their agreement in which Louisiana Pacific would acquire Ainsworth. Approximately eight months after announcing the transaction last September, the parties...

 


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