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HTMLI Know You Know, Because I Told You So: Effective Notice of Infringement
Keith D. Rose; McCarthy Tétrault LLP;
Legal Alert/Article
April 7, 2015, previously published on January 23, 2015
Copyright infringement is normally a factual question - it doesn’t matter whether one intended to copy a substantial part of someone else’s original expression if, in fact, one did so - but there are circumstances where the alleged infringer’s state of mind does matter. Knowledge...

 

HTMLNo Duck, No Luck: Quebec Superior Court Denounces Passive Class Action Petitioners and their Enterprising Counsel
Emira Tufo; McCarthy Tétrault LLP;
Legal Alert/Article
April 7, 2015, previously published on January 28, 2015
In Adanna Charles v. Boiron Canada (Boiron), the Quebec Superior Court recently rendered a judgement refusing to authorize (certify) a class action and to name as representative plaintiff a petitioner whom it deemed to be less than adequate and lawyer-driven. The decision tempers the liberal...

 

HTMLCanadian Patent Judge Takes a Hard Stand Against Generic CIALIS® (tadalafil)
Bart Nowak, David Tait; McCarthy Tétrault LLP;
Legal Alert/Article
April 6, 2015, previously published on January 26, 2015
On January 7, 2015, Justice de Montigny of the Federal Court released his judgment and reasons in Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2015 FC 17, allowing Lilly’s application for an order prohibiting the Minister of Health from issuing a Notice of Compliance to Mylan until the...

 

HTMLAboriginal Renewable Energy Fund - LRP Support Funding is Now Available
James Klein, Christopher J. Perez; McCarthy Tétrault LLP;
Legal Alert/Article
April 6, 2015, previously published on January 8, 2015
While most of us were dreaming of winter vacations, the OPA announced changes to the Aboriginal Renewable Energy Fund (“AREF”) on December 19, 2014 to make interim funding available to First Nations and Métis communities for due diligence work required to assess and develop...

 

HTMLSupreme Court of Canada Issues Landmark Merger and Efficiencies Decision
Jonathan Bitran, Donald B. Houston, Michele F. Siu, Dominic Thérien; McCarthy Tétrault LLP;
Legal Alert/Article
April 6, 2015, previously published on January 23, 2015
Yesterday, the Supreme Court of Canada released its long awaited decision in Tervita Corporation et al v. Commissioner of Competition. In a 6-1 decision, the SCC allowed Tervita’s appeal and set aside the divestiture order made by the Competition Tribunal and upheld by the Federal Court of...

 

HTMLCanada’s New Nuclear Liability and Compensation Regime Under Review by Senate Committee
Daniel Bénay, Maxime Léveillé; McCarthy Tétrault LLP;
Legal Alert/Article
April 6, 2015, previously published on January 7, 2015
Bill C-22, An Act respecting Canada’s offshore oil and gas operations, enacting the Nuclear Liability and Compensation Act, repealing the Nuclear Liability Act and making consequential amendments to other Acts (the “Bill”) was first introduced in the House of Commons on January 30...

 

HTMLQuébec Régie de l’Énergie Releases Opinion on Natural Gas Supply
Louis-Nicolas Boulanger, Jacob Stone; McCarthy Tétrault LLP;
Legal Alert/Article
April 6, 2015, previously published on January 8, 2015
On January 7, 2015, the Régie de l’énergie du Québec (Québec Energy Board) released its opinion on the production and transportation supply of natural gas required in order to meet the medium and long term needs of Québec consumers. This opinion was prepared...

 

HTMLOSC Accepts Circumstantial Evidence of Tipping and Insider Trading in Important New Decision
Shane C. D'Souza, Rene R. Sorell; McCarthy Tétrault LLP;
Legal Alert/Article
April 2, 2015, previously published on March 30, 2015
In the recent Azeff decision, which followed a contested hearing, the Ontario Securities Commission (OSC) accepted several insider tipping and trading allegations based on “firmly established” circumstantial evidence against a mergers and acquisitions (M&A) lawyer and four registrants....

 

HTMLInvestment Canada Act Update: Amendments to National Security Review Timelines and “Net Benefit” Review Threshold
Oliver J. Borgers, Michele F. Siu; McCarthy Tétrault LLP;
Legal Alert/Article
April 2, 2015, previously published on March 27, 2015
Extended national security review timelines under the Investment Canada Act (ICA) are now in force which means that a national security review may now take up to 200 days.

 

HTMLOGC to Prohibit Conversion of LNG Facility Pipelines
Paul R. Cassidy, Monika A. Sawicka; McCarthy Tétrault LLP;
Legal Alert/Article
April 2, 2015, previously published on January 9, 2015
On January 5, 2015, the Province of British Columbia issued a direction (the “Direction”) to the British Columbia Oil and Gas Commission (“OGC”) prohibiting the OGC from issuing permits to convert LNG facility pipelines, which are built to support liquefied natural gas...

 


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