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McCarthy Tétrault LLP Document Search Results (283) Show: results per page Sort by:  | The Second Opinion: Good Faith in the Shadow of Contractual Rights
Brandon Kain; McCarthy Tétrault LLP;
Legal Alert/Article March 25, 2013, previously published on March 22, 2013 Are parties under a duty of good faith in deciding whether to exercise a right of non-renewal when the term of an evergreen contract comes to an end? In Bhasin v. Hrynew, 2013 ABCA 98, the Alberta Court of Appeal said no, at least where the evergreen clause does not contain an express provision to...
| | The Second Opinion: The U.S. Supreme Court Questions Fraud-on-the-Market
Kirsten Thompson; McCarthy Tétrault LLP;
Legal Alert/Article March 22, 2013, previously published on March 18, 2013 The recent U.S. Supreme Court ruling in the Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, No. 11-1085, 2013 WL 691001 (Feb. 27, 2013) (“Amgen”) securities fraud class action is an important milestone in the evolution of the defences to securities disclosure class actions...
| | The Second Opinion: Ignorance is not Bliss - The Risks of Purchasing Shares without Due Diligence and without Full Disclosure
Martin Boodman; McCarthy Tétrault LLP;
Legal Alert/Article March 21, 2013, previously published on March 20, 2013 The decision in Francoeur v. 4417186 Canada Inc., 2013 QCCA 191 demonstrates the dangers of a share purchase agreement without due diligence and with acceptance of non-disclosure of employee bonuses.
| | Antrim Truck Centre Ltd. v. Ontario (Transportation): When the Value of a Truck Stop Becomes a Public Infrastructure Cost
Martin Boodman, Julie K. Parla; McCarthy Tétrault LLP;
Legal Alert/Article March 20, 2013, previously published on March 19, 2013 For 26 years, Antrim Truck Centre Ltd. (Antrim) operated a truck stop on Highway 17. Then in 2004, the Province constructed a new highway, and forever altered Highway 17. No longer could motorists access the truck stop - its business was lost and the market value of its land was permanently...
| | Defensive Tactics - The AMF Alternative Approach
Clemens Mayr, Benjamin Silver; McCarthy Tétrault LLP;
Legal Alert/Article March 20, 2013, previously published on March 15, 2013 On March 14, 2013, the Autorité des marchés financiers has published a consultation paper regarding An Alternative Approach to Securities Regulators’ Intervention in Defensive Tactics (the “AMF Approach”). Concurrently, the Canadian Securities Administrators...
| | High Water Mark Test for Establishing Aboriginal Title to be Reviewed by the SCC
Angela Juba; McCarthy Tétrault LLP;
Legal Alert/Article March 20, 2013, previously published on March 20, 2013 The Supreme Court of Canada is set to revisit the test for Aboriginal title when it hears an appeal from the British Columbia Court of Appeal’s decision in William v. British Columbia this November. This appeal will be of particular significance to parties engaged in resource development, as...
| | Shareholder Rights Plans - The CSA Proposal
Graham P.C. Gow, Clemens Mayr, Ian C. Michael, Leslie Milroy; McCarthy Tétrault LLP;
Legal Alert/Article March 20, 2013, previously published on March 15, 2013 On March 14, 2013, the Canadian Securities Administrators (otherwise known as the “CSA”) published a request and notice for comments regarding Proposal National Instrument 62-105 - Security Holder Rights Plans, the purpose of which is to introduce the CSA’s proposed regulatory...
| | A Duty of Diligent Fulfillment? SCC Rules that Land Grants to Métis Children Breached Honour of Crown
Byron Shaw; McCarthy Tétrault LLP;
Legal Alert/Article March 20, 2013, previously published on March 18, 2013 Canada breached the Honour of the Crown in the manner in which it distributed parcels of land to the children of the Métis people of Manitoba in the 1870s, according to a majority of the Supreme Court of Canada. The Court’s 6-2 decision in Manitoba Métis Federation Inc. v....
| | Clock Starts with the Act of Fraud: U.S. Supreme Court Confirms Five-Year Limitation Period for Government Enforcement Proceedings
Carole J. Piovesan; McCarthy Tétrault LLP;
Legal Alert/Article March 19, 2013, previously published on March 18, 2013 The US Supreme Court recently handed the US Securities and Exchange Commission (the “SEC”) a very clear message: the act of fraud - not its discovery - triggers the start of the limitation period in government enforcement proceedings.
| | Daniels v. Canada (Minister of Indian Affairs and Northern Development), 2013 FC 6
Stephanie Axmann, Thomas Isaac; McCarthy Tétrault LLP;
Legal Alert/Article March 19, 2013, previously published on March 18, 2013 On January 8, 2013, the Federal Court of Canada (FCC) released its reasons in Harry Daniels, Gabriel Daniels, Leah Gardner, Terry Joudrey and the Congress of Aboriginal Peoples v. Her Majesty the Queen, as represented by the Minister of Indian Affairs and Northern Development and the Attorney...
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