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HTMLSupreme Court of Canada Dismisses Toronto Real Estate Board’s Leave to Appeal - Competition Tribunal Must Reconsider Commissioner’s Application
McCarthy Tetrault LLP;
Legal Alert/Article
August 1, 2014, previously published on July 30, 2014
Earlier this year, the Federal Court of Appeal (FCA) ruled that the Competition Tribunal (Tribunal) erred in dismissing the abuse of dominance case brought by the Commissioner of Competition (Commissioner) against the Toronto Real Estate Board (TREB). The FCA’s ruling hinged on its finding...

 

HTMLBC Court of Appeal Affirms Distressing Decision
Aidan Cameron, Scott Smythe; McCarthy Tétrault LLP;
Legal Alert/Article
July 31, 2014, previously published on July 29, 2014
On December 30, 2013, we wrote about the BC Supreme Court’s decision in Delane Industry Co. Ltd. v. PCI Properties Corp., 2013 BCSC 1397, where the Court held that a landlord’s termination of a commercial lease was ineffective because the landlord, having issued a demand letter while...

 

HTMLPay Me Now: Court of Appeal Delivers Lessons on Fiduciary Duties, the Business Judgment Rule, and Executive Compensation
Shane C. D'Souza, Robert A. Glasgow, Elder C. Marques; McCarthy Tétrault LLP;
Legal Alert/Article
July 30, 2014, previously published on July 28, 2014
The business judgment of directors setting executive compensation was front and centre in the Ontario Court of Appeal’s recent decision in Unique Broadband Systems, Inc. (Re), 2014 ONCA 538 (UBS). Although the decision is based on unique underlying facts, it offers several important lessons...

 

HTMLBritish Columbia Enacts LNG Facility Regulation
Paul Cassidy, Monika Sawicka; McCarthy Tetrault LLP;
Legal Alert/Article
July 30, 2014, previously published on July 25, 2014
On July 21, 2014, the BC Oil and Gas Commission (OGC) enacted the Liquefied Natural Gas Facility Regulation (LNG Regulation) under the authority of the Oil and Gas Activities Act (OGAA). On the heels of BC’s increasing emphasis on the liquefied natural gas (LNG) industry, the LNG Regulation...

 

HTMLMoody’s Provides Guidance on Metal Streaming Transactions
Patrick Deutscher, Roger Taplin; McCarthy Tétrault LLP;
Legal Alert/Article
July 30, 2014, previously published on July 21, 2014
On July 17, 2014, Moody’s Investors Service (Moody’s) released a report on metal streaming transactions, in which it discusses the impact of streaming transactions on the credit profiles of mining companies. Generally, Moody’s views metal streaming transactions as a form of equity...

 

HTMLInvestment Fund Managers - A Regulatory Check-up
Cristian O. Blidariu, Michael C. Nicholas, Sean D. Sadler, Rene R. Sorell; McCarthy Tétrault LLP;
Legal Alert/Article
July 28, 2014, previously published on July 21, 2014
The Ontario Securities Commission (“OSC”) has recently released two notices providing helpful guidance on the compliance operations of investment fund managers (“IFMs”). This guidance is contained in the 2013 annual review summary report for dealers, advisers and investment...

 

HTMLA Practical Approach to Navigating Debarment by the Canadian Government
Brenda C. Swick; McCarthy Tétrault LLP;
Legal Alert/Article
July 28, 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...

 

HTMLThe Enforcement Begins: Highlights of the CRTC FAQ Updates on CASL
Roland Hung, Shana Wolch; McCarthy Tétrault LLP;
Legal Alert/Article
July 28, 2014, previously published on July 18, 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 this new law is...

 

HTMLThe Prodigal Pension Plan Member
Lorraine Allard; McCarthy Tétrault LLP;
Legal Alert/Article
July 28, 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...

 

HTMLRussia/Ukraine Economic Sanctions Update: New Measures Target the Energy, Financial and Defence Sectors
John W. Boscariol, Robert A. Glasgow, Brandon Mattalo; McCarthy Tétrault LLP;
Legal Alert/Article
July 28, 2014, previously published on July 25, 2015
On July 24, 2014, following the downing of Malaysian Airlines Flight MH17 and continued turmoil in eastern Ukraine, the Government of Canada expanded its economic sanctions against Russia by adding individuals and entities to its lists of “designated persons” and creating new categories...

 


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