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HTMLScreening Secondary Market Liability Actions: the Supreme Court Raises the Bar for Plaintiffs
Pierre-Jérôme Bouchard, Laure Fouin, Miranda Lam; McCarthy Tétrault LLP;
Legal Alert/Article
April 29, 2015, previously published on April 23, 2015
On April 17, 2015, the Supreme Court of Canada (SCC) rendered its opinion in Theratechnologies inc. v. 121851 Canada inc., 2015 SCC 18 (Theratechnologies), its first decision on the Quebec statutory secondary market liability regime adopted in 2007 pursuant to a reform of the Quebec Securities Act...

 

HTMLBudget 2015: Financial Institutions Update
James H. Archer, Ana Badour, Mathieu Dubord, Robert P. Metcalfe, Barry J. Ryan; McCarthy Tétrault LLP;
Legal Alert/Article
April 29, 2015, previously published on April 23, 2015
The 2015 federal budget announces a number of measures directed to financial institutions. These include a new federal financial consumer code, a bail-in regime for domestic systemically important banks, a national securities regulator initiative (which our securities group will address separately...

 

HTMLOntario’s 2015 Budget: Pension Reforms of the Past, Present and Future
Lorraine Allard, Mark Firman; McCarthy Tétrault LLP;
Legal Alert/Article
April 29, 2015, previously published on April 23, 2015
On April 23, 2015, Minister of Finance Charles Sousa tabled Ontario’s 2015 Budget: Building Ontario Up (the Budget). Among other things, the Budget made a number of significant announcements regarding pension reform, including unveiling further details on the proposed “Ontario...

 

HTMLQuébec Court of Appeal Recognizes Implied Obligations in Franchise Agreement: What Does This Really Mean?
Helen Fotinos, Sam Khajeei, Anne-Marie Naud, Adam Ship, Chantal C. Tremblay; McCarthy Tétrault LLP;
Legal Alert/Article
April 22, 2015, previously published on April 17, 2015
On April 15, 2015, the Québec Court of Appeal released its long-awaited decision in Dunkin' Brands Canada Ltd. c. Bertico inc., 2015 QCCA 624. The Court applied its earlier decision in Provigo[1] in conjunction with the “theory of implied obligations” and the “duty of good...

 

HTMLUpdated Code of Conduct for the Credit and Debit Card Industry in Canada
James H. Archer, Ana Badour; McCarthy Tétrault LLP;
Legal Alert/Article
April 22, 2015, previously published on April 20, 2015
On April 13, 2015, the Department of Finance announced changes to the Code of Conduct for the Credit and Debit Card Industry in Canada (the “Code”). The Code has been in existence since 2010 and consisted previously of 10 Elements applicable to participants in the debit and credit card...

 

Adobe PDFThe 2014 Canadian Competition and Foreign Investment Law Year in Review
Jonathan Bitran, Oliver J. Borgers, Donald B. Houston, Madeleine Renaud, Michele F. Siu; McCarthy Tétrault LLP;
Legal Alert/Article
April 21, 2015, previously published on February 26, 2015
The 2014 Year in Review is a summary of the major developments in Canadian competition and foreign investment law last year. We also look ahead to 2015 and consider how the events of 2014 may impact business activity this year.

 

HTMLCan a Developer Limit its Liability for Construction Defects?
Scott Smythe; McCarthy Tétrault LLP;
Legal Alert/Article
April 21, 2015, previously published on April 13, 2015
Lawyers representing strata lot purchasers in British Columbia have, to date, made considerable hay by emphasizing that the Real Estate Development Marketing Act (British Columbia) is ¿consumer protection¿ legislation to be interpreted in favour of purchasers. The bias in favour of the consumer has...

 

HTMLCanadian Securities Administrators Publish Consultation Paper 92-401 - Derivatives Trading Facilities
Christopher Bamford, Candace Pallone, Barry J. Ryan; McCarthy Tétrault LLP;
Legal Alert/Article
April 15, 2015, previously published on April 8, 2015
On January 29, 2015, the Canadian Securities Administrators (“CSA”) Derivatives Committee published for comment Consultation Paper 92-401 - Derivatives Trading Facilities (the “Consultation Paper”), its seventh in a series of high-level consultation papers examining reform...

 

HTMLLessons from Germanwings: Identifying and Managing Mental Illness in the Workplace
Tim Lawson, Justine Lindner; McCarthy Tétrault LLP;
Legal Alert/Article
April 15, 2015, previously published on April 1, 2015
Last week a Germanwings flight from Barcelona to Dusseldorf crashed in the French Alps. Prosecutors released shocking evidence from the cockpit voice recorder which suggests that the co-pilot intentionally crashed the plane. Information has since surfaced about the mental health of the co-pilot....

 

HTMLQuébec Launches the “Plan Nord toward 2035, the 2015-2020 Action Plan”
Daniel Bénay, Thomas Lavier, Franck Marvel Ngandui; McCarthy Tétrault LLP;
Legal Alert/Article
April 15, 2015, previously published on April 14, 2015
The government of Québec launched on April 8, 2015 its new version of the Plan Nord by presenting the “Plan Nord toward 2035, the 2015-2020 Action Plan”.

 


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