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HTMLGrassy Narrows First Nation v. Ontario (Natural Resources) - SCC Affirms Ontario’s Taking Up of Treaty Lands for Resource Development Purposes
Sam Adkins, Stephanie Axmann; McCarthy Tétrault LLP;
Legal Alert/Article
July 16, 2014, previously published on July 11, 2014
On July 11, 2014, the Supreme Court of Canada (SCC) released its decision in Grassy Narrows First Nation v. Ontario (Natural Resources), 2014 SCC 48. In a unanimous judgment written by Chief Justice McLachlin, the SCC upheld the decision of the Ontario Court of Appeal (ONCA) in Keewatin v. Ontario...

 

HTMLNine Years Too Late, Wal-Mart’s First Unionized Employees Win at the Highest Court
Elder C. Marques; McCarthy Tétrault LLP;
Legal Alert/Article
July 16, 2014, previously published on July 9, 2014
The saga of North America’s first unionized Wal-Mart has taken a significant turn in favour of its former employees, nine years after they lost their jobs when the store in Jonquière, Quebec was permanently shut. Much ink has been spilled telling the story of the Jonquière...

 

HTMLJune Citigroup Appeal Decision Reinforces OSC’s New “No Contest” Settlement Approach
Cristian O. Blidariu, Rene R. Sorell; McCarthy Tétrault LLP;
Legal Alert/Article
July 15, 2014, previously published on July 8, 2014
Ever since raising the possibility of “no contest” settlements back in 2011, the Ontario Securities Commission (OSC) has had to contend with indications that such settlements were falling into disfavour with U.S. judges asked to approve them.

 

HTMLOversight or Fiduciary Managers
Lorraine Allard; McCarthy Tétrault LLP;
Legal Alert/Article
July 15, 2014, previously published on June 30, 2014
Some employers sponsoring large and/or multiple registered pension plans (RPPs) have recently begun outsourcing most if not all of the investment functions that are typically handled in-house. The reasons motivating this is a perceived lack of internal resources and expertise to effectively deal...

 

HTMLTwo More Provinces Join the Cooperative Framework for Canadian National Securities Regulation
Cristian O. Blidariu, Krista Lawson, Sean D. Sadler, Rene R. Sorell, Sonia J. Struthers; McCarthy Tétrault LLP;
Legal Alert/Article
July 15, 2014, previously published on July 10, 2014
Saskatchewan and New Brunswick yesterday joined Ontario, British Columbia and the federal government as parties to the national capital markets regulator (“CMR”) agreement in principle first signed in September 2013. As we discussed in a previous article, the proposed cooperative CMR...

 

HTMLPurchasers’ Liens Remain an Uncommon Remedy
Vanessa Lunday; McCarthy Tétrault LLP;
Legal Alert/Article
July 14, 2014, previously published on July 8, 2014
Earlier this year, we discussed the decision of the BC Supreme Court in Pan Canadian Mortgage Group v. 679972 B.C. Ltd. in our publication Real Estate MATTERS. That decision was significant because it was a rare instance in which a BC court declared that a purchaser’s lien had been...

 

HTMLWhat a Relief! BC Court of Appeal Decides that Equitable Relief from Forfeiture Not Available to Residential Tenants
Scott Smythe; McCarthy Tétrault LLP;
Legal Alert/Article
July 10, 2014, previously published on July 2, 2014
A commercial tenant may apply to court for relief from forfeiture when faced with the termination of its lease by a landlord, but can a residential tenant also seek such relief? That question was recently answered by a 5 member panel of the British Columbia Court of Appeal in Ganitano v. Metro...

 

HTMLAboriginal Title Declared in Historic SCC Decision, Tsilhqot’in Nation v. British Columbia
Sam Adkins, Stephanie Axmann, Selina Lee-Andersen; McCarthy Tétrault LLP;
Legal Alert/Article
July 10, 2014, previously published on June 27, 2014
On June 26, 2014, the Supreme Court of Canada (SCC) released its highly anticipated decision in Tsilhqot’in Nation v. British Columbia. In this ground-breaking decision, Canada’s highest court granted a declaration of Aboriginal title over a tract of Crown lands to the Tsilhqot’in...

 

HTMLAssessing the Implications of the Tsilhqot’in Decision on Resource Development Projects in Canada
Selina Lee-Andersen; McCarthy Tétrault LLP;
Legal Alert/Article
July 10, 2014, previously published on June 27, 2014
As discussed in our earlier blog posting, the Supreme Court of Canada (SCC) recently released its decision in Tsilhqot’in Nation v British Columbia (2014 SCC 44), a decision which granted a declaration of title over a tract of Crown lands located in interior British Columbia (BC) to the...

 

HTMLThe Tort of Intrusion Upon Seclusion Meets Class Action Certification: Part I
Roland Hung; McCarthy Tétrault LLP;
Legal Alert/Article
July 10, 2014, previously published on July 2, 2014
In Evans v Bank of Nova Scotia (“Evans”), the Ontario Superior Court certified a class action proceeding for allegations concerning a breach of privacy rights through the tort of intrusion upon seclusion. This decision set a precedent for the low bar of certification in class actions...

 


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