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McCarthy Tétrault LLP Document Search Results (300) Show: results per page Sort by:  | Can We Talk?
Patrick Boucher; McCarthy Tétrault LLP;
Legal Alert/Article May 28, 2013, previously published on May 23, 2013 Your company is contemplating a potential transaction and you would like to share your project with one or more major shareholders before any public announcement in order to maintain good relations with them and validate whether they would be supportive of the potential transaction. Senior...
| | Why DSM-5 is Important to Employers
Earl Phillips; McCarthy Tétrault LLP;
Legal Alert/Article May 27, 2013, previously published on May 24, 2013 The long awaited DSM-5 has arrived and the controversy rages. Meanwhile, no matter what employers may think about the changes, they have no choice but to deal with the inevitable fallout.
| | The Second Opinion: UK Court of Appeal Limits Compensation Owed by Businesses which Breach Privacy Laws
Kirsten Thompson; McCarthy Tétrault LLP;
Legal Alert/Article May 27, 2013, previously published on May 24, 2013 Courts in both Canada and UK are grappling with developing a principled approach to damage awards in breach of privacy cases - what types of damage ought to be recognized? Who should be compensated for such damage? By how much? Recent UK case law suggests that a company’s liability for breach...
| | A Little Less Above the Law? Crown Immunity in Lantheus Medical Imaging Inc. v. Atomic Energy of Canada Ltd.
Larissa Moscu; McCarthy Tétrault LLP;
Legal Alert/Article May 27, 2013, previously published on May 24, 2013 Citing the “modern legislative trend” towards “putting the Crown on an equal footing with everyone else”, the Ontario Court of Appeal recently overturned an application judge’s granting of legal immunity to a Crown agent. The Appellate Court held that Atomic Energy of...
| | Temporary Foreign Miners Allowed
Christopher McHardy; McCarthy Tétrault LLP;
Legal Alert/Article May 27, 2013, previously published on May 22, 2013 Our Federal Court has dismissed a court challenge by two unions against HD Mining. The unions claimed that the company hired more than 200 temporary Chinese workers for its coal mine in Tumbler Ridge in northeastern BC, while deliberately ignoring or passing over many qualified and willing...
| | Coulda, Shoulda? The SCC Expands the Abuse of Process Doctrine in Behn v. Moulton Contracting Ltd.
Kosta Kalogiros; McCarthy Tétrault LLP;
Legal Alert/Article May 27, 2013, previously published on May 24, 2013 In Behn v. Moulton Contracting Ltd., 2013 SCC 26, the Supreme Court of Canada (the “Court”) expanded the doctrine of abuse of process to preclude parties which employed self-help remedies from raising as a defence various arguments which could and should have been advanced by commencing...
| | Brown v. Canadian Imperial Bank of Commerce: A Nail in the Coffin for “Misclassification” Overtime Class Actions or Class Counsel Growing Pains?
Kosta Kalogiros; McCarthy Tétrault LLP;
Legal Alert/Article May 24, 2013, previously published on May 21, 2013 In Brown v. Canadian Imperial Bank of Commerce, 2013 ONSC 1284, the Divisional Court of Ontario further confirmed the approach to, and difficulty with, “misclassification” overtime class-actions (i.e. class actions alleging that an employer has unlawfully misclassified employees and...
| | The Second Opinion: Can You Get Your Money Back? The B.C. Court of Appeal Addresses The Forfeiture of Deposits (Again)
Hovsep Afarian; McCarthy Tétrault LLP;
Legal Alert/Article May 24, 2013, previously published on May 22, 2013 Can a party who has failed to consummate a transaction get back a “deposit”? The British Columbia Court of Appeal considered this issue once again in the recent case of Amiri v. One West Holdings Ltd., 2013 BCCA 155.
| | What Is The Scope Of Confidentiality Included In The Solicitor-Client Privilege?
Marc-André Russell; McCarthy Tétrault LLP;
Legal Alert/Article May 24, 2013, previously published on May 23, 2013 In Canada (Public Safety and Emergency Preparedness) v. Information Commissioner of Canada, 2013 FCA 104, the Federal Court of Appeal provides a useful reminder of the extent to which the solicitor-client privilege applies to policies agreed upon by several parties.
| | Breach of Confidentiality May be Cause
Donovan Plomp; McCarthy Tétrault LLP;
Legal Alert/Article May 21, 2013, previously published on May 16, 2013 If an employee views a confidential file contrary to clear and reasonable policy, she can be fired for cause. That was the judgment of the BC Supreme Court in Steel v. Coast Capital Savings Credit Union 2013 BCSC 527.
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