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HTMLThe Supreme Court Rules that the Charter Permits Courts to Award Damages Against the Crown for Wrongful Non-Disclosure Absent Proof of Malice
Renée Zatzman; McCarthy Tetrault LLP;
Legal Alert/Article
June 18, 2015, previously published on June 1, 2015
Does s. 24(1) of the Canadian Charter of Rights and Freedoms authorize a court of competent jurisdiction to award damages against the Crown for prosecutorial misconduct absent proof of malice? The Supreme Court of Canada recently answered yes to this question in Henry v. British Columbia...

 

HTMLBank of Canada Announces Updates to Emergency Lending Policies
David P. Badour, Barry J. Ryan; McCarthy Tetrault LLP;
Legal Alert/Article
May 22, 2015, previously published on May 8, 2015
The Bank of Canada (the "Bank") issued on May 5, 2015 "Bank of Canada Emergency Lending Policies", a consultation paper setting forth proposed updates to the Bank's emergency lending policies. The proposed changes consist of the following:

 

HTMLNew Regime in Quebec for Security on Bank Deposits and Other Monetary Claims
Michel Deschamps, Mathieu Dubord, Mary Jeanne Phelan; McCarthy Tetrault LLP;
Legal Alert/Article
May 22, 2015, previously published on May 15, 2015
In our December 3, 2014 legal update, we reported on the tabling of a bill in Quebec to amend the Civil Code of Québec (the “CCQ”) in respect of hypothecs on bank deposits and other monetary claims as well as hypothecs granted in favour of multiple creditors. The bill was...

 

HTMLR. v. Nestle Canada Inc.: Settlement Privilege in Criminal Proceedings
Trevor Courtis, David M. Porter; McCarthy Tetrault LLP;
Legal Alert/Article
May 22, 2015, previously published on May 11, 2015
Canadian courts have long recognized that there is a compelling public interest in promoting an open and productive settlement process, both in civil and criminal proceedings.[1] Plea bargaining in criminal and quasi-criminal prosecutions is essential to the proper operation of the justice system...

 

HTMLInsurance Changes in Ontario Budget
Ana Badour, Nancy J. Carroll; McCarthy Tetrault LLP;
Legal Alert/Article
May 21, 2015, previously published on April 27, 2015
The Government of Ontario announced in the 2015 budget that it intends to amend the Insurance Act and its regulations as follows.

 

HTMLPublic Contracts and Bill 26: Recovery of Amounts Improperly Paid and Changes to the AMF Authorization Regime
Pierre-Jérôme Bouchard, Pascale De Meyer, Clemens Mayr, Emmanuelle Poupart, Dominic Thérien; McCarthy Tetrault LLP;
Legal Alert/Article
May 21, 2015, previously published on April 28, 2015
Bill 26, entitled An Act to ensure mainly the recovery of amounts improperly paid as a result of fraud or fraudulent tactics in connection with public contracts[1] (the “Act”) was passed on March 24, 2015 and some provisions came into force on April 1, 2015.

 

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...

 

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...

 

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...

 

HTMLEconomic Action Plan 2015 - The Election Budget
Douglas Cannon, Angelo Discepola, Christopher Falk, Nigel P.J. Johnston, Patrick McCay; McCarthy Tétrault LLP;
Legal Alert/Article
April 29, 2015, previously published on April 22, 2015
On April 21, Finance Minister Joe Oliver tabled in the House of Commons his first budget, Economic Action Plan 2015 (Budget 2015), and the one that the Conservatives will take to the polls. There are, of course, no new taxes but it has initiatives to support families, veterans, disabled persons,...

 


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