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HTMLCovenants to Insure
Michael Nienhuis, Will Skinner; McCarthy Tétrault LLP;
Legal Alert/Article
September 8, 2014, previously published on September 5, 2014
In most commercial leases, the landlord and tenant obligate themselves to obtain policies of insurance against certain risks. This often includes, for the landlord, property insurance for the building and boiler equipment, liability and property policies for the landlord’s operations in the...

 

HTMLInterpretation Of Leases 101: Top 10 Rules
Abraham Costin, Matthew McCarthy; McCarthy Tétrault LLP;
Legal Alert/Article
September 5, 2014, previously published on August 28, 2014
One of the trickiest parts of drafting any commercial agreement, including a lease, is anticipating how all its provisions will be interpreted once it is in effect. Differing interpretations can lead to disagreements between the contracting parties, and possibly to litigation. If this happens,...

 

HTMLWhen Does an Employer own Copyright in a Photograph Made by an Employee?
Keith D. Rose; McCarthy Tétrault LLP;
Legal Alert/Article
September 4, 2014, previously published on September 2, 2014
An employee takes a photograph of a customer on the employer’s premises. The employee has a signed employment agreement which states that all materials developed during the term of the contract are property of the employer. The employer obtains a copy of the photograph and uses it in social...

 

HTMLTeachers’ Strike: What does it mean for your workplace?
Christopher McHardy; McCarthy Tétrault LLP;
Legal Alert/Article
September 2, 2014, previously published on August 29, 2014
While talks continue, there is no immediate end in sight for the ongoing teachers’ strike. For employees with school-age children, this may mean facing a child care gap starting next week. As an employer, what are your legal obligations and what can you do to make sure work continues while...

 

HTMLOntario to Reduce Consumption of Electricity
Stephanie L. Yarmo; McCarthy Tétrault LLP;
Legal Alert/Article
September 2, 2014, previously published on August 20, 2014
The Ontario Power Authority (the “OPA”) received a direction from the Minister of Energy to coordinate, support and fund the delivery of certain programs under the Conservation First Framework (the “Framework”) over the next 6 years, beginning in January 2015.

 

HTMLHydro-Québec Distribution 450 MW Wind RFP Submission Deadline Delayed
Daniel Bénay, Cristel Chabot-Lapointe, Mathieu LeBlanc; McCarthy Tétrault LLP;
Legal Alert/Article
September 2, 2014, previously published on August 22, 2014
On December 18, 2013, we reported that Hydro-Québec Distribution (HQD) had issued a call for tenders for the purchase of a block of wind power produced by facilities with an installed capacity of 450 MW. A link to this blog post can be found here...

 

HTMLOntario Court of Appeal Turns Against Cross-Border Securities Class Actions
H. Michael Rosenberg, Sapna Thakker; McCarthy Tétrault LLP;
Legal Alert/Article
September 2, 2014, previously published on August 22, 2014
In the recent decision of Kaynes v. BP, PLC, 2014 ONCA 580, the Ontario Court of Appeal stayed a proposed secondary market securities class action on the basis of forum non conveniens. Writing for a unanimous Court of Appeal, Sharpe J.A. found that Ontario could assume jurisdiction over claims by...

 

HTMLThe Supreme Court Rules on the Employer’s Obligations When an Employee Gives Notice of Termination
Anna Jankowska; McCarthy Tétrault LLP;
Legal Alert/Article
September 1, 2014, previously published on August 14, 2014
On July 25, 2014, the Supreme Court of Canada overturned the judgment of the Quebec Court of Appeal in Asphalte Desjardins Inc. and Commission des normes du travail (Commission). In this case, the employee in question had been working for his employer since 1994. On Friday, February 15, 2008, he...

 

HTMLReassignment of CN Employee a Constructive Dismissal
Rosalie Cress; McCarthy Tetrault LLP;
Legal Alert/Article
August 27, 2014, previously published on August 21, 2014
A BC employee has successfully asserted a claim for constructive dismissal after being reassigned to a new position. Younger v. Canadian National Railway Company is a good reminder for employers that the courts may find there has been a constructive dismissal where an employee has been reassigned...

 

HTMLREDMA - An Update
Jennifer Hayes; McCarthy Tétrault LLP;
Legal Alert/Article
August 25, 2014, previously published on August 19, 2014
On May 29, 2014, Bill 17, the Miscellaneous Statutes Amendment Act, 2014, received Royal Assent, bringing into force several amendments and additions to the Real Estate Development Marketing Act (British Columbia) (“REDMA”) previously discussed in detail in my colleague Scott...

 


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