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HTMLNew Rule of Thumb: 6 Months’ Pay Per Year of Service?
Benjamin T. Aberant; McCarthy Tétrault LLP;
Legal Alert/Article
August 25, 2014, previously published on August 20, 2014
So much for the rule of thumb that an employee should receive one month of notice for every year of service. The Toronto Star has reported on a recent wrongful dismissal decision that Ontario employers should consider, especially when hiring senior managers or executives. Except for the 12 month...

 

HTMLTime to Leave: Supreme Court to Determine Securities Class Action Limitation Period
Elder C. Marques, Michael J.P. O'Brien; McCarthy Tétrault LLP;
Legal Alert/Article
August 25, 2014, previously published on August 13, 2014
The Supreme Court of Canada has granted leave to appeal in a case that will determine how to apply the statutory limitation period for investors in Ontario who decide to sue public issuers and their executives under the Securities Act. Given similar legislation in other provinces, the case will be...

 

HTMLA Costly Choice (of Law): Determining the Damages Available for an Extra-Territorial Tort
Brooke MacKenzie; McCarthy Tétrault LLP;
Legal Alert/Article
August 25, 2014, previously published on August 13, 2014
The recent UK Supreme Court decision in Cox v Ergo Versicherung AG, [2014] UKSC 22, provides helpful commentary and a potentially persuasive precedent for Canadian courts on issues of choice of law, the distinction between substance and procedure in the conflict of laws, and legislative...

 

HTMLCourt Approves Unique Overtime Class Action Settlement
Dylan R. Snowdon, Justin Turc; McCarthy Tétrault LLP;
Legal Alert/Article
August 25, 2014, previously published on August 13, 2014
Canadian employers have been watching a series of class action claims, with employees claiming hundreds of millions of dollars in unpaid overtime, since 2007. In January 2014 we summarized the progress of those cases here -...

 

HTMLOntario Court Declares That Bare Trademark License Agreement Is Not Subject to Franchise Disclosure Legislation
Helen Fotinos, Brooke MacKenzie, Catherine M. Samuel, Adam Ship; McCarthy Tétrault LLP;
Legal Alert/Article
August 25, 2014, previously published on August 19, 2014
A recent decision of the Ontario Superior Court of Justice found that a bare trademark license agreement was not subject to Ontario’s franchise legislation. The decision provides guidance to companies that wish to avoid the application of Ontario’s Arthur Wishart Act (Franchise...

 

HTMLThe Challenge with Determining When the Writing Is On the Wall: Insider Trading Case Considers Materiality of Confidentiality Agreement and Expired Unsolicited Offer
Shane C. D'Souza, Rene R. Sorell; McCarthy Tétrault LLP;
Legal Alert/Article
August 20, 2014, previously published on August 14, 2014
The British Columbia Securities Commission (BCSC) recently considered whether a consultant for a law firm had committed insider trading and breached the public interest when she traded a client’s shares with knowledge of undisclosed facts.

 

HTMLCanadian Public Company Disclosure Deficiency Rate Nearly Doubled in 2014
Cristian O. Blidariu, Michael C. Nicholas, Sean D. Sadler, Rene R. Sorell; McCarthy Tétrault LLP;
Legal Alert/Article
August 20, 2014, previously published on August 11, 2014
The Canadian Securities Administrators (CSA) recently released CSA Staff Notice 51-341 setting out the results of their Continuous Disclosure Review Program for fiscal 2014.

 

HTMLHave Your Say on BC’s Private Sector Privacy Legislation
Rosalie Cress; McCarthy Tetrault LLP;
Legal Alert/Article
August 19, 2014, previously published on August 15, 2014
Since it came into force in 2004, British Columbia’s private sector privacy legislation, the Personal Information Protection Act, has had a significant impact on the way British Columbia employers collect, use and disclose the personal information of their employees and others. The last...

 

HTMLUpdate on Overtime Class Actions in Canada
Christopher McHardy; McCarthy Tétrault LLP;
Legal Alert/Article
August 19, 2014, previously published on August 14, 2014
Canadian employers have been watching a series of class action claims, with employees claiming hundreds of millions of dollars in unpaid overtime, since 2007. While overtime class action claims are still not possible in British Columbia, claims can balloon in other provinces when a representative...

 

HTMLBC Supreme Court Declines to Defer to Baptist Church
Ryley Mennie, Will Skinner; McCarthy Tétrault LLP;
Legal Alert/Article
August 19, 2014, previously published on August 11, 2014
The B.C. Supreme Court recently decided an application to hear a pastor’s wrongful dismissal claim, which may impact employers both inside and outside of ecclesiastical contexts.

 


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