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HTMLAppeals to Watch in 2015: The Appeals Monitor’s Top Ten
Laurie Baptiste, Marie-Hélène Beaudoin, Paul Davis, Elder C. Marques; McCarthy Tétrault LLP;
Legal Alert/Article
March 11, 2015, previously published on December 31, 2014
As part of the Appeals Monitor’s annual attempt to give lawyers something to talk about over the holidays other than the two traditional Canadian touchstones (weather and hockey), we are proud to once again this year present our top ten anticipated appeals for the new year. Of course, we...

 

HTMLSupreme Court Overrules Rodriguez; Physician-Assisted Death Legal in Canada
Byron Shaw; McCarthy Tétrault LLP;
Legal Alert/Article
March 10, 2015, previously published on February 19, 2015
Physician-assisted death is permissible in Canada, for competent adults who: (1) clearly consent to the termination of life; and (2) have a grievous and irremediable medical condition that causes enduring suffering that is intolerable to the individual in the circumstances of their condition. In...

 

HTMLOntario Court of Appeal Confirms Privilege Over Counsel and Expert Communications
Paul Davis, Byron Shaw; McCarthy Tétrault LLP;
Legal Alert/Article
March 10, 2015, previously published on February 3, 2015
A little over one year ago, the Ontario Superior Court’s decision in Moore v. Getahun sent a chill through the litigation bar in Ontario. During a medical negligence trial, the trial judge criticized an expert witness for discussing a draft expert report with counsel and required disclosure...

 

HTMLTemporary Foreign Workers: New Fees and Regulatory Changes
Christopher McHardy; McCarthy Tétrault LLP;
Legal Alert/Article
March 6, 2015, previously published on February 19, 2015
We previously posted on the public outcry over and the federal government’s commitment to revising the Temporary Foreign Worker Program (“TFWP”).

 

HTMLGood Faith, Honest Performance and M&A: Top 5 Takeaways Stemming from Bhasin v. Hrynew
Heidi Gordon; McCarthy Tétrault LLP;
Legal Alert/Article
March 6, 2015, previously published on February 19, 2015
There’s been a lot of buzz surrounding the Supreme Court of Canada’s recent precedent-setting judgement, Bhasin v. Hrynew, 2014 SCC 71, in which the Court recognized, for the first time, a new common law duty that applies to the performance of contracts throughout Canada. The new common...

 

HTMLVertical Parking, Elevated Parking or Car Stackers... Call it as You Want, This is an Incredible Space-Saver!
Sébastien Thomas; McCarthy Tétrault LLP;
Legal Alert/Article
March 5, 2015, previously published on February 20, 2015
From a legal standpoint, though, one should be cautious to make proper preliminary verifications before resorting to vertical parking to save the day.

 

HTMLCanadian Courts Refuse to Settle for Weak Privacy Rights: “Imperial Oil Limited v Alberta
Roland Hung, Kimberly Macnab; McCarthy Tétrault LLP;
Legal Alert/Article
March 5, 2015, previously published on February 27, 2015
Last week, the Supreme Court of Canada (“SCC”) dismissed leave to appeal the Alberta Court of Appeal (“ABCA”) decision in Imperial Oil Limited v Alberta., thereby endorsing the ABCA’s approach to settlement privilege in the context of applications under the Freedom of...

 

HTMLU.S. Regulators Review Brokerage Cybersecurity, Provide Guidance
Kirsten Thompson; McCarthy Tétrault LLP;
Legal Alert/Article
March 5, 2015, previously published on February 20, 2015
Earlier this month, the U.S. Securities and Exchange Commission (“SEC”) and the Financial Industry Regulatory Authority (“FINRA”) each released reports addressing cybersecurity. FINRA’s report targeted its broker-dealer members, and the SEC’s report targeted...

 

HTMLNew Tax Incentive for the LNG Industry
Paul R. Cassidy, Christoper Falk, Sven Milelli; McCarthy Tétrault LLP;
Legal Alert/Article
March 5, 2015, previously published on February 20, 2015
The federal government announced on February 19, 2015 that accelerated capital cost allowance (CCA) treatment would apply to certain property used in liquefaction facilities for the domestic and export liquefied natural gas (LNG) markets and for LNG storage. The new measure signals the federal...

 

HTMLPHIPA Does Not Preclude the Recourse to Common Law for Health Privacy Violations
Antoine Brylowski, Mathieu Courchesne, Sean Griffin; McCarthy Tétrault LLP;
Legal Alert/Article
March 5, 2015, previously published on February 25, 2015
‘‘With the click of a mouse, personal health records can be accessed by those who have a legitimate interest in properly treating a patient - or they can be accessed for an improper purpose.’’

 


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