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HTMLNew CBSA Transfer Pricing Policy Creates Opportunities
John W. Boscariol, Robert A. Glasgow; McCarthy Tétrault LLP;
Legal Alert/Article
April 7, 2015, previously published on January 22, 2015
Transfer pricing has been a favorite Canada Border Services Agency (CBSA) enforcement target for some time now. Payments made by importers because of income tax transfer pricing requirements can trigger obligations and liabilities under Canadian customs laws. This arises, for example, when CBSA...

 

HTMLTerminated for Tweeting: A Tale of Two Toronto Firefighters
Matthew Demeo; McCarthy Tétrault LLP;
Legal Alert/Article
April 7, 2015, previously published on January 21, 2015
When used properly, social media can be a powerful tool for connecting individuals, marketing businesses and mobilizing the masses behind a cause. However, many organizations have learned the hard way that inappropriate social media use by employees can have a detrimental effect on an...

 

HTMLOntario Court Stays Franchisees’ Class Action in Favour of Arbitration Clause in Franchise Agreement
Meghan S. Bridges, Adam Ship; McCarthy Tétrault LLP;
Legal Alert/Article
April 7, 2015, previously published on January 30, 2015
In 1146845 Ontario Ltd. v. Pillar to Post Inc., 2014 ONSC 7400, the Ontario Superior Court of Justice stayed a class action brought by plaintiff franchisees against the franchisor in favour of an arbitration clause in the franchise licensing agreement.

 

HTMLReview of US Patent Claims Construction Gets Canadianized
Martin Brandsma, David Tait; McCarthy Tétrault LLP;
Legal Alert/Article
April 7, 2015, previously published on January 26, 2015
On January 20, 2015, the US Supreme Court rendered its precedent-setting decision in Teva that reversed the Federal Circuit’s practice of reviewing all District Court claim constructions de novo on appeal. Instead the Supreme Court found that some decisions are entitled to deference as a...

 

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...

 

HTMLIESO Discusses Feedback and Timeline of Large Renewable Energy Procurement I
SeŠn O'Neill, Christopher J. Perez; McCarthy Tétrault LLP;
Legal Alert/Article
April 7, 2015, previously published on January 23, 2015
Yesterday, the Independent Electricity System Operator (IESO) held an ‘industry dialogue’ meeting in Toronto, during which it discussed the feedback and comments it received on the draft contract and request for proposals (RFP) for the Large Renewable Procurement I (LRP). The IESO...

 

HTMLNew Year, New Mandatory Breach Reporting
Roland Hung, Kimberly Macnab; McCarthy Tétrault LLP;
Legal Alert/Article
April 7, 2015, previously published on January 30, 2015
It is rumoured that Bill 12 that amended the Alberta Health Information Act (“HIA”), passed on May 14, 2014, will come into force this year.

 

HTMLChanges to TSX Personal Information Form Come into Effect February 1st
Sharon Kretchmar; McCarthy Tetrault LLP;
Legal Alert/Article
April 7, 2015, previously published on January 22, 2015
Effective February 1, 2015, the TSX will only accept Personal Information Forms (PIFs) and Declarations that use a new form of RCMP “Exhibit 1”. The new form of Exhibit will be known as the Security Screening Check and will replace the current Release and Discharge Relating to Consent...

 

HTMLProposed Amendments to TSX Company Manual Regarding Closed-end Funds, Exchange Traded Products and Structured Products
Andrew Armstrong, Michael J. Eldridge, Jonathan R. Grant, Wendi A. Locke; McCarthy Tétrault LLP;
Legal Alert/Article
April 7, 2015, previously published on January 28, 2015
On January 15, 2015, the Toronto Stock Exchange (TSX) published proposed amendments (Amendments) to the TSX Company Manual which will introduce formal listing requirements for Closed-end Funds, Exchange Traded Products and Structured Products. The Amendments that relate to matters other than...

 

HTMLProhibited Compliance: Canada’s Latest Attack Against Buy America Causes Cancellation of U.S. Procurement
John W. Boscariol, Robert A. Glasgow, Brenda C. Swick, Tyler Wentzell; McCarthy Tétrault LLP;
Legal Alert/Article
April 7, 2015, previously published on January 23, 2015
The Buy America legislation recently reared its ugly head on Canadian soil. On November 6, 2014, the Alaska Department of Transportation & Public Facilities issued an invitation to bid (ITB) for the removal and replacement of the ferry terminal facility in Prince Rupert, British Columbia, that...

 


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