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HTMLTsilhqot’in Nation Releases Draft Mining Policy
Sam Adkins, Stephanie Axmann; McCarthy Tétrault LLP;
Legal Alert/Article
August 14, 2014, previously published on August 7, 2014
The Tsilhqot’in Nation has announced the release of a draft Mining Policy of the Tsilhqot’in National Government (Policy). The release of the Policy on July 31, 2014 follows the June 26, 2014 decision of the Supreme Court of Canada (SCC) in Tsilhqot’in Nation v. British Columbia,...

 

HTMLProposed Amendments to the National Energy Board Export and Import Reporting Regulations
Margarete Daugela, Gordon M. Nettleton; McCarthy Tétrault LLP;
Legal Alert/Article
August 11, 2014, previously published on August 6, 2014
A number of recent Letter Decisions of the National Energy Board (Board) note the need for the Canadian natural gas industry to access overseas markets due to an increase in the North American gas resource base. It is necessary that the legislation and regulations governing the export of natural...

 

HTMLReasonable Efforts vs. Best Efforts - Why the Fuss?
Geoff R. Hall, Lama Sabbagh; McCarthy Tétrault LLP;
Legal Alert/Article
August 11, 2014, previously published on August 5, 2014
Last fall, we featured a blog post that offered a Canadian perspective on the interpretation and use of benchmarking in efforts clauses. Some of the commentary that ensued suggests that Canadian courts were “doomed to incoherence” by distinguishing between best efforts and reasonable...

 

HTMLSunny Days Ahead for 500 FIT 3.0 Applicants
William Fyfe, Justin Shoemaker; McCarthy Tétrault LLP;
Legal Alert/Article
August 11, 2014, previously published on August 5, 2014
On July 7, the Ontario Power Authority (“OPA”) published a list of 500 renewable energy contract offers under its Feed-in Tariff 3.0 (“FIT 3.0”) Program, which are expected to produce 123.5 megawatts (“MW”) of power.

 

HTMLSupreme Court of Canada Shuts Down British Columbia’s Cottage Industry of Arbitral Appeals
Michael Feder, Tammy Shoranick, Herman Van Ommen; McCarthy Tétrault LLP;
Legal Alert/Article
August 11, 2014, previously published on August 6, 2014
The Supreme Court of Canada’s recent decision in Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 will drastically limit appeals of arbitral awards in British Columbia, and has far-reaching implications for the law of contractual interpretation throughout Canada.

 

HTMLDepartment of Finance Releases Proposal for Canadian Bail-In Regime
Ana Badour, Frédéric Cotnoir, Barry J. Ryan; McCarthy Tétrault LLP;
Legal Alert/Article
August 11, 2014, previously published on August 5, 2014
On August 1, 2014, the Department of Finance issued for comment the Taxpayer Protection and Bank Recapitalization Regime: Consultation Paper. The Consultation Paper outlines the proposed bail-in regime applicable to Canada’s domestic systemically important banks (D-SIBs),[1] as a follow-up to...

 

HTMLRussia/Ukraine Economic Sanctions Update: Canada Expands Sanctions List against Russian and Ukrainian Individuals and Entities
John W. Boscariol, Robert A. Glasgow, Brandon Mattalo; McCarthy Tétrault LLP;
Legal Alert/Article
August 11, 2014, previously published on August 7, 2014
On August 6, 2014, the continued turmoil in eastern Ukraine caused the Government of Canada to expand its economic sanctions against Russia and Ukraine by adding entities and individuals to its lists of “designated persons”.

 

HTMLWorkplace Drug Dealing Provides After-Acquired Cause for Termination
Rosalie Cress, Will Skinner; McCarthy Tetrault LLP;
Legal Alert/Article
August 6, 2014, previously published on August 1, 2014
In most cases, employees who commit misconduct will face the consequences of their actions during their employment, in the form of discipline or even termination for just cause. But, what if the employer only learns of an employee’s misconduct after the employee is dismissed without cause?...

 

HTMLEnergy Storage Update
Roya Baryole, William Fyfe, James Klein, Lynn Parsons; McCarthy Tétrault LLP;
Legal Alert/Article
August 6, 2014, previously published on July 31, 2014
Five companies have now been selected to provide energy storage services as part of the Independent Electricity System Operator’s (the “IESO”) 35 MW procurement of renewable energy storage capacity. They are Canadian Solar Solutions Inc., Convergent Energy and Power LLC, Dimplex...

 

HTMLBeware Hubris - Janssen’s infringement of AbbVie’s patent gets enjoined by the Federal Court
Fiona Legere, Andrew J. Reddon, David Tait; McCarthy Tétrault LLP;
Legal Alert/Article
August 6, 2014, previously published on August 1, 2014
Justice Roger T. Hughes of the Federal Court of Canada granted AbbVie the first-ever limited injunction against a branded pharmaceutical company infringing a branded competitor’s patent. The injunction followed Justice Hughes’ earlier finding that AbbVie’s patent was valid and...

 


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