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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.

 

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...

 

HTMLWhat a Relief! BC Court of Appeal Decides that Equitable Relief from Forfeiture Not Available to Residential Tenants
Scott Smythe; McCarthy Tétrault LLP;
Legal Alert/Article
July 10, 2014, previously published on July 2, 2014
A commercial tenant may apply to court for relief from forfeiture when faced with the termination of its lease by a landlord, but can a residential tenant also seek such relief? That question was recently answered by a 5 member panel of the British Columbia Court of Appeal in Ganitano v. Metro...

 

HTMLAboriginal Title Declared in Historic SCC Decision, Tsilhqot’in Nation v. British Columbia
Sam Adkins, Stephanie Axmann, Selina Lee-Andersen; McCarthy Tétrault LLP;
Legal Alert/Article
July 10, 2014, previously published on June 27, 2014
On June 26, 2014, the Supreme Court of Canada (SCC) released its highly anticipated decision in Tsilhqot’in Nation v. British Columbia. In this ground-breaking decision, Canada’s highest court granted a declaration of Aboriginal title over a tract of Crown lands to the Tsilhqot’in...

 

HTMLSummary Judgment on Trial: Ontario Court of Appeal Revisits the Risks of Summary Adjudication
Katherine A. Booth; McCarthy Tétrault LLP;
Legal Alert/Article
July 10, 2014, previously published on July 3, 2014
In a recent decision, Baywood Homes Partnership v. Haditaghi, 2014 ONCA 450, the Ontario Court of Appeal reiterates some of the risks of summary adjudication and reminds parties that, despite the enthusiasm for summary judgment endorsed by the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC...

 

HTMLOPA-IESO Merger
George Vegh; McCarthy Tétrault LLP;
Legal Alert/Article
July 10, 2014, previously published on July 4, 2014
The Government’s plan to merge the Ontario Power Authority (the “OPA”) and the Independent Electricity System Operator (the “IESO”) moved forward with the introduction of the budget bill which includes legislation that would merge the two agencies.

 

HTMLAssessing the Implications of the Tsilhqot’in Decision on Resource Development Projects in Canada
Selina Lee-Andersen; McCarthy Tétrault LLP;
Legal Alert/Article
July 10, 2014, previously published on June 27, 2014
As discussed in our earlier blog posting, the Supreme Court of Canada (SCC) recently released its decision in Tsilhqot’in Nation v British Columbia (2014 SCC 44), a decision which granted a declaration of title over a tract of Crown lands located in interior British Columbia (BC) to the...

 

HTMLToo Soon to Say Too Late? Reviewing a Tribunal’s Decision to Hear a Late-Filed Complaint
Ryann Atkins; McCarthy Tetrault LLP;
Legal Alert/Article
July 10, 2014, previously published on June 27, 2014
This month the British Columbia Court of Appeal provided guidance on two administrative law questions, one procedural and one substantive. The Court weighed in on when it is appropriate to review a preliminary decision of a tribunal before the hearing on the merits, and confirmed that where the...

 

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...

 

HTMLThe Tort of Intrusion Upon Seclusion Meets Class Action Certification: Part I
Roland Hung; McCarthy Tétrault LLP;
Legal Alert/Article
July 10, 2014, previously published on July 2, 2014
In Evans v Bank of Nova Scotia (“Evans”), the Ontario Superior Court certified a class action proceeding for allegations concerning a breach of privacy rights through the tort of intrusion upon seclusion. This decision set a precedent for the low bar of certification in class actions...

 


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