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HTMLCASL Guidance for Registered Charities
Rahim Esmail, Meghan Waters; McCarthy Tétrault LLP;
Legal Alert/Article
July 17, 2014, previously published on July 15, 2014
Canada’s Anti-Spam Legislation (“CASL”), which came into force on July 1, 2014, is considered to be the toughest commercial electronic messaging (“CEM”) legislation in the world, with substantial fines for violations (including fines up to $10 million for...

 

HTMLHalliburton: Deepening the Divide Between Certification of US and Canadian Securities Class Actions
Laurie Baptiste; McCarthy Tétrault LLP;
Legal Alert/Article
July 17, 2014, previously published on July 15, 2014
Everyone has been talking about the recent decision from the US Supreme Court in Halliburton Co v Erica P. John Fund Inc (Halliburton) and its rulings regarding the “fraud on the market” doctrine in US securities class action litigation. In Canada, many are likely wondering about the...

 

HTMLInterim Injunctive Relief Against Google as a Tool to Enforce Intellectual Property Rights Worldwide
Sean Griffin, Catherine Martin; McCarthy Tétrault LLP;
Legal Alert/Article
July 17, 2014, previously published on July 4, 2014
Following the decision last month in which Google Inc. (“Google”) was ordered by the European Union’s Court of Justice to “forget” certain personal information, the Supreme Court of British Columbia (the “Court”) issued an interim injunction on June 13,...

 

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...

 

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...

 

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...

 

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...

 

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...

 

HTMLThe Tort of Intrusion Upon Seclusion Meets Class Action Certification: Part II
Roland Hung; McCarthy Tétrault LLP;
Legal Alert/Article
July 10, 2014, previously published on July 3, 2014
In Part I of this blog, I canvassed the decision Evans v Bank of Nova Scotia (“Evans”) wherein the Ontario Superior Court certified a class action proceeding for allegations concerning a breach of privacy rights through the tort of intrusion upon seclusion first set out in Jones v Tsige...

 


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