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McCarthy Tétrault LLP Document Search Results (300)

 

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HTMLYou Can’t Always Get What You Want
Shane C. D'Souza, Robert O. Hansen; McCarthy Tétrault LLP;
Legal Alert/Article
May 16, 2013, previously published on May 14, 2013
The recent Delaware ruling in In Ancestry.com Inc. Shareholder Litigation provides a cautionary tale relating to a target company developing aggressive projections during an auction process.

 

HTMLOntario Court of Appeal Provides Guidance on the Definition of "Franchisor’s Associate"
McCarthy Tetrault LLP;
Legal Alert/Article
May 13, 2013, previously published on May 6, 2013
A recent decision of the Court of Appeal for Ontario (ONCA) helps define the concept of "control," as it relates to the definition of a "franchisor’s associate" in the Ontario Arthur Wishart Act (Franchise Disclosure), 2000 (Act).

 

HTMLThe Second Opinion: Legal Causation and the Duty to Warn
Brandon Kain; McCarthy Tétrault LLP;
Legal Alert/Article
May 13, 2013, previously published on May 8, 2013
Can a defendant be liable for failing to warn about a risk which does not materialize, where this leads the plaintiff to be injured by a second undisclosed risk that, unlike the first, would not have influenced the plaintiff if disclosed? In Wallace v. Kam, [2013] HCA 19, released today, the High...

 

HTMLQuébec Unveils its New Mining Tax Regime
McCarthy Tetrault LLP;
Legal Alert/Article
May 13, 2013, previously published on May 7, 2013
On May 6, 2013, the Québec Minister of Finance and the Economy, Nicolas Marceau, with the Québec Minister of Natural Resources, Martine Ouellet, made public the new mining tax regime for Québec, a fiscal measure that will apply to an operator’s fiscal year that begins...

 

HTMLThe Second Opinion: Contracting Out of the Limitations Act — The Ontario Court of Appeal Provides Guidance
Hovsep Afarian; McCarthy Tétrault LLP;
Legal Alert/Article
May 13, 2013, previously published on May 10, 2013
When will a contractual provision purporting to shorten a statutory limitation period be effective? The Ontario Court of Appeal addressed this issue in its recent decision in Boyce v. The Co-Operators Insurance Company, 2013 ONCA 298.

 

HTMLChallenges for State-Owned Enterprises Arising From Proposed Amendments to the Investment Canada Act
Oliver J. Borgers, Michele F. Siu; McCarthy Tétrault LLP;
Legal Alert/Article
May 13, 2013, previously published on May 8, 2013
Last December, the Canadian government announced that the review threshold under the Investment Canada Act (Act) for investments by state-owned enterprises (SOEs) would be amended and, as a result, would not increase in the same way that non-SOE investments would. At that time, the government also...

 

HTMLStatus Update: Social Media and the Service of Documents
Jeremy Busch-Howell, Roland Hung; McCarthy Tétrault LLP;
Legal Alert/Article
May 10, 2013, previously published on May 7, 2013
State Representative Jeff Leach of Texas recently proposed a bill that has generated significant discussion about the utility of social media in litigation proceedings. The yet untitled bill, HB No. 1989, proposes to allow substituted service in Texas through a social media website if a court finds...

 

HTMLBudget 2013: A Response to Sommerer
Christopher Falk, Stefanie Morand; McCarthy Tétrault LLP;
Legal Alert/Article
May 10, 2013, previously published on May 7, 2013
As noted in Tax Update September 2012, the Federal Court of Appeal (FCA) determined in Sommerer that subsection 75(2) of the Income Tax Act (Canada) (ITA) did not apply to a fair market value sale of property to a trust. As a consequence, capital gains and other income of a non-resident trust could...

 

HTMLInternational Aggressive Tax Avoidance and Tax Evasion
Gabrielle M.R. Richards; McCarthy Tétrault LLP;
Legal Alert/Article
May 10, 2013, previously published on May 7, 2013
Canada’s 2013 federal budget (Budget 2013) released on March 21, 2013 introduces a number of measures to strengthen the ability of the Canada Revenue Agency (CRA) to address international aggressive tax avoidance and to combat international tax evasion so as to maintain and protect...

 

HTMLCanadian "Thin Capitalization" Rules: Further Broadening
Nigel P.J. Johnston, Patrick McCay, Gabrielle M.R. Richards; McCarthy Tétrault LLP;
Legal Alert/Article
May 10, 2013, previously published on May 7, 2013
Canada, like many developed countries, restricts the amount of interest a corporation resident in Canada (CRIC) may deduct on loans made by non-residents who are the CRIC’s significant shareholders or their affiliates. The aim of these rules is to protect the Canadian tax base from erosion by...

 


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