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HTMLA Blockbuster Decision in Contractual Interpretation
Geoff R. Hall; McCarthy Tétrault LLP;
Legal Alert/Article
August 18, 2014, previously published on August 8, 2014
In the world of contractual interpretation, the decision of the Supreme Court of Canada in Sattva Capital Corp. v. Creston Moly Corp. is a blockbuster. Sattva does three significant things. First, it determines that contractual interpretation generally involves a mixed question of fact and law, not...

 

HTMLDisclosure re: Deposit Protection Contract Requires Careful Drafting
Lisa Martz; McCarthy Tétrault LLP;
Legal Alert/Article
August 18, 2014, previously published on August 11, 2014
In Chaisson v. Avra Developments Corp. 2014 BCSC 925, the B.C. Supreme Court considered the argument that a developer’s failure to disclose a specific calendar date for the effective date of a deposit protection contract was a breach of the Real Estate Development Marketing Act...

 

HTMLProposed Amendments to Alberta’s Condominium Property Act
Brittany Weikum; McCarthy Tetrault LLP;
Legal Alert/Article
August 18, 2014, previously published on August 5, 2014
On May 6, 2014 amendments to Alberta’s Condominium Property Act were introduced into the Alberta Legislature. The Act establishes the framework for the development, sale, and governance of both residential and commercial condominiums located in Alberta and outlines the duties and...

 

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,...

 

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.

 

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”.

 

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...

 

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.

 

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...

 

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...

 


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