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HTMLOntario Court Rejects Franchise Class Action Settlement Agreement for Overbroad Release
Adam Ship, Chantal C. Tremblay, Jill Yates; McCarthy Tétrault LLP;
Legal Alert/Article
January 8, 2015, previously published on November 25, 2014
In 2038724 Ontario Ltd. v. Quizno’s Canada Restaurant Corporation, the Ontario Superior Court of Justice recently dismissed a motion to approve a Settlement Agreement between the Franchisor and the Representative Franchisees on the basis of an overbroad unfair release.

 

HTMLUndisclosed Fees Continue to Attract Class Actions
Jill Yates; McCarthy Tétrault LLP;
Legal Alert/Article
January 8, 2015, previously published on November 20, 2014
The Marcotte case, a Quebec class action against several financial institutions in relation to allegedly undisclosed currency conversion fees, was the subject of recent reasons by the Supreme Court of Canada. Marcotte is not alone: financial institutions and the fees they charge, particularly where...

 

HTMLRoadblocks to Certification of Consumer Class Actions in B.C.?
Alexandra Cocks; McCarthy Tétrault LLP;
Legal Alert/Article
January 8, 2015, previously published on November 6, 2014
On October 8, 2014, the B.C. Supreme Court refused to certify a proposed consumer class action relating to the sale of bottled beverages sold under the trade name “Vitaminwater” to B.C. consumers.

 

HTMLAlleged Crime, Punishment...and Disclosure: a Summary of the Supreme Court’s Decision in Jacques v. Imperial Oil
Shaun Emery Finn; McCarthy Tétrault LLP;
Legal Alert/Article
January 8, 2015, previously published on October 28, 2014
Can electronic surveillance conducted in the context of a criminal investigation be disclosed to a plaintiff in a class action? Yes, according to a majority of the Supreme Court of Canada in Imperial oil v. Jacques, 2014 SCC 66.

 

HTMLMini-Tenders 101: Factors to Consider Before Launching a Mini-Tender Offer
Matthew Cumming, Shane C. D'Souza, Matthew Griffin; McCarthy Tétrault LLP;
Legal Alert/Article
January 8, 2015, previously published on November 10, 2014
Mini-tenders have a bad reputation, which may explain why they are used infrequently. This is the first in a trilogy of articles about mini-tender offers from the perspectives of offerors, issuers and shareholders. It reviews factors that an offeror should consider before launching a mini-tender...

 

HTMLHow Not to Deal with Executive Compensation
Lorraine Allard; McCarthy Tétrault LLP;
Legal Alert/Article
December 23, 2014, previously published on December 2, 2014
In 2003, Unique Broadband Systems, Inc. (UBS), a public company listed on the TSX Venture Exchange, acquired a 51.8% controlling interest in Look Communications (Look), a telecommunications company that owned a band of telecommunications spectrum. UBS was a holding company, and Gerald McGoey was...

 

HTMLProposed Changes to Quebec Secured Transactions Regime Incorporate UCC Concepts
Michel Deschamps, Mathieu Dubord, Richard O'Doherty; McCarthy Tétrault LLP;
Legal Alert/Article
December 23, 2014, previously published on December 3, 2014
On November 26, Quebec's Finance Minister tabled a bill intended to amend the provisions of the Civil Code of Quebec (CCQ) concerning hypothecs (security interests). This update provides a summary of the proposed changes.

 

HTMLOntario Superior Court Offers Guidance on Applying Hryniak to Abbreviate Actions
David I.W. Hamer, Katie Szilagyi; McCarthy Tétrault LLP;
Legal Alert/Article
December 23, 2014, previously published on December 9, 2014
In Baghbanbashi v Hassle Free Clinic, the Ontario Superior Court of Justice forcefully adopted the Supreme Court of Canada’s new credo for summary judgment articulated in Hyrniak v Maudlin.

 

HTMLCanadian Securities Administrators Propose Significant Amendments to Rights Offering Regime
Frédéric Cotnoir, Claire Gowdy, Robert O. Hansen, Wendi A. Locke, Andrew Parker; McCarthy Tétrault LLP;
Legal Alert/Article
December 23, 2014, previously published on December 5, 2014
On November 27, 2014, the Canadian Securities Administrators (CSA) published proposed amendments to the rights offering regime that aim to make rights offerings more expedient and less costly by creating a streamlined prospectus exemption for reporting issuers (Proposed Exemption). The proposed...

 

HTMLBC Hydro Amends Standing Offer Program Rules to Exclude Existing Generators
Maxime Léveillé, Sven Milelli; McCarthy Tétrault LLP;
Legal Alert/Article
December 17, 2014, previously published on November 27, 2014
On November 26, 2014, BC Hydro announced that it has amended its Standing Offer Program (SOP) rules to make existing generation no longer eligible for participation in the SOP. BC Hydro states that the amendment is in line with BC Hydro’s 2013 Clean Energy Strategy contained in its Integrated...

 


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