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McCarthy Tétrault LLP Document Search Results (283) Show: results per page Sort by:  | Bill 14: Proposed Amendments to the Charter of the French Language
Sarah Lefebvre; McCarthy Tétrault LLP;
Legal Alert/Article April 16, 2013, previously published on April 15, 2013 The recent “Pastagate” story has brought Quebec’s language laws to international attention. In that matter, a Montreal Italian restaurant was investigated due to a complaint alleging the prominence of Italian words including “pasta” on its menu. In light of these...
| | The Second Opinion: New Nuances for Injunctions to Prevent Interference with Contract
Martin Boodman; McCarthy Tétrault LLP;
Legal Alert/Article April 15, 2013, previously published on April 12, 2013 In Rouge Resto-bar Inc. v. Zoom Media Inc., 2013 QCCA 443, the issue before the Quebec Court of Appeal was whether a permanent injunction could be granted to stop “knowing participation in a contractual breach” where, as a result, the defendant’s co-contractant would be deprived...
| | Good Faith in the Shadow of Contractual Rights
Brandon Kain; McCarthy Tétrault LLP;
Legal Alert/Article April 15, 2013, previously published on April 5, 2013 Most M&A contracts contain provisions that confer discretionary contractual powers on one or both parties to the transaction (e.g., the right to withhold consent to an assignment). One of the most pressing questions in modern contract law is whether the party in possession of such a power must...
| | Full Disclosure: Share Price Is Not Enough
Helen Burnett; McCarthy Tétrault LLP;
Legal Alert/Article April 11, 2013, previously published on April 8, 2013 If disclosure of information has no effect on a company’s share price, was that information really material to investors? A recent Ontario Divisional Court ruling suggests that the answer may be “Yes” if the information is of the kind that a reasonable investor would want to rely...
| | The Supreme Court Clarifies the Application of the St. Lawrence Cement Inc. v. Barrette Decision
Michel Gagné; McCarthy Tétrault LLP;
Legal Alert/Article April 11, 2013, previously published on April 8, 2013 On March 7, 2013, the Supreme Court of Canada (SCC) rendered a decision in which it clarified the application of St. Lawrence Cement Inc. v. Barrette (St. Lawrence Cement), a decision that had recognized a strict liability regime for neighbourhood disturbances in Québec, a liability regime...
| | The Second Opinion: International Uranium Dispute Undermined by the Hague Convention
Anthony M.C. Alexander; McCarthy Tétrault LLP;
Legal Alert/Article April 11, 2013, previously published on April 9, 2013 A very recent ruling of the Ontario Court of Appeal, Khan Resources Inc. v. Atomredmetzoloto JSC, 2012 ONSC 1522, is significant for two reasons: first, it provides appellate authority addressing the interaction between domestic civil procedure rules and international conventions; and, secondly,...
| | The Second Opinion: Can a Non-Contracting Party Sue for Breach of Contract? The Ontario Court of Appeal Addresses the Doctrine of Privity
Hovsep Afarian; McCarthy Tétrault LLP;
Legal Alert/Article April 6, 2013, previously published on April 4, 2013 When can a person who is not a formal party to a contract sue for its breach? The Ontario Court of Appeal grappled with this and related privity issues in its recent decision in Brown v. Belleville (City), 2013 ONCA 148.
| | A Further Limitation on the Ability of the Generic Drug Companies to Chase the Profits of Innovators?
Keegan Boyd; McCarthy Tétrault LLP;
Legal Alert/Article April 6, 2013, previously published on April 4, 2013 Can a generic drug company bring an action for disgorgement of profits when an innovator pharmaceutical company is ultimately unsuccessful in invoking the Patented Medicines (Notice of Compliance) Regulations? That question is now going to be determined by the Divisional Court, according to a...
| | Different but Hopefully Equal? Federal and Provincial Employment Standards to be Considered by the Supreme Court
Curtis E. Marble; McCarthy Tétrault LLP;
Legal Alert/Article April 6, 2013, previously published on April 4, 2013 The Supreme Court of Canada has granted leave in an appeal about whether provincial or federal legislation governs workplace compensation for federal workers. If the decision of the Court of Appeal in Martin v. Alberta (Workers’ Compensation Board), 2012 ABCA 248 is upheld, federal workers...
| | Ontario Court Approves $117M Auditor Liability Settlement in Sino-Forest Class Action
Miranda Lam, Elder C. Marques, Michael J.P. O'Brien; McCarthy Tétrault LLP;
Legal Alert/Article April 6, 2013, previously published on April 3, 2013 On March 20, 2013, Justice Morawetz of the Ontario Superior Court of Justice (ONSC) approved a settlement by Ernst & Young LLP in the Sino-Forest Canada (SFC) class proceedings (Labourers’ Pension Fund of Central and Eastern Canada v. Sino-Forest Corporation). The $117-million settlement...
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