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HTMLOntario Court Certifies Franchise Encroachment Claim as Class Action
Sarit E. Batner, Helen Fotinos, Adam Ship, Thomas N.T. Sutton, Tyler Wentzell; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 15, 2014
The Ontario Superior Court of Justice recently certified a class action by dealers of a home furnishings company in 1291079 Ontario Limited v. Sears Canada Inc.

 

HTMLBritish Columbia Supreme Court Breaks New Ground on Contaminated Sites
Paul R. Cassidy, Nicholas Hughes, Selina Lee-Andersen, Monika A. Sawicka; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 17, 2014
On August 25, 2014, the British Columbia Supreme Court (BCSC) issued reasons in J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc., 2014 BCSC 1619. The case involved an action by J.I. Properties Inc. (JIP), a current owner of a contaminated site, to recover approximately $5.3 million in...

 

HTML“Objectively Reasonable” and Privacy: Recent Developments
Roland Hung, Kimberly Macnab; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 16, 2014
The ubiquitous and rapidly-evolving nature of technology has recently necessitated serious consideration of our “reasonable expectation of privacy.” This concept is at the core of Canadian privacy law. In particular, the concept is a key part of the Charter test for s. 8, the right to...

 

HTMLBitcoin Accepted Here? Funding M&A Transactions by Way of Bitcoin
Ana Badour; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 15, 2014
There is no denying the increasing popularity and notoriety of the virtual currency Bitcoin. Bitcoin market capitalization currently stands in the billions of dollars, with over 13 million Bitcoins having been mined and made available for circulation. An increasing number of merchants, including...

 

HTMLFederal Government Announces Amendments to the Pension Benefits Standards Regulations
Lorraine Allard, Mark Firman; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 22, 2014
On September 19, 2014, the federal Department of Finance announced the third tranche of proposed amendments (Proposals) to the Pension Benefits Standards Regulations (PBSR). The Proposals support amendments to the Pension Benefits Standards Act, 1985 (Canada) (PBSA) that were passed in 2010 but are...

 

HTMLCETA Will Create a Two-Tiered System for Investment Canada Act Reviews
Oliver J. Borgers, John W. Boscariol, Robert A. Glasgow, Shea T. Small; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 23, 2014
The text of the Canada and European Union (EU) Comprehensive Economic and Trade Agreement (CETA) is due to be released soon, but it remains to be seen if the Canadian government will clarify which countries, in addition to those in the EU, will benefit from the higher $1.5-billion threshold for...

 

HTMLInsider Trading: Securities Commission to Think Twice About Excessive Sanctions and Speculation
Kate Findlay; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 24, 2014
In a rare appellate court decision, the Court of Appeal in Walton v. Alberta (Securities Commission), 2014 ABCA 273, has set aside a decision by the Alberta Securities Commission and has held that any monetary penalties levied must be proportionate to the circumstances of the offender and supported...

 

HTMLMARCOTTE - The Banks and Provincial Laws
James H. Archer, Ana Badour, Robert P. Metcalfe; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 23, 2014
On September 19, 2014, the Supreme Court of Canada delivered decisions in three related appeals from the Québec Court of Appeal that have come to be known collectively as ”Marcotte.” These class actions arose out of a very narrow issue concerning the requirements under the...

 

HTMLWaiving “formalities” in a Procurement Process: What Owners and Bidders Need to Know
Julie K. Parla; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 23, 2014
It is not unusual for tender documents to reserve discretion to an owner to “waive formalities” in accepting a bid. Such discretion needs to be interpreted in the context of the requirement that an owner may in no circumstances accept a “non-compliant bid”. But, without...

 

HTMLOSFI Issues Final CDOR Guideline
Ana Badour, Gordon D. Baird, Barry J. Ryan; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 18, 2014
On September 12, 2014, the Office of the Superintendent of Financial Institutions (OSFI) issued the final version of Guideline E-20 - CDOR Benchmark-Setting Submissions with respect to the submission process for the Canadian Dollar Offered Rate (formerly the Canadian Dealer Offered Rate) (CDOR)...

 


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