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HTMLBritish Columbia Environmental Appeal Board Reduces Redundancy in Appeal Proceedings
Paul R. Cassidy, Monika A. Sawicka; McCarthy Tétrault LLP;
Legal Alert/Article
March 3, 2015, previously published on December 22, 2014
On December 4, 2014, the British Columbia Environmental Appeal Board (the “Board”) issued reasons in a preliminary hearing relating to an appeal against Rio Tinto Alcan Inc.’s (“Rio Tinto”) amended multi-media permit (the “Permit”) for its Kitimat...

 

HTMLCreation of the Société du Plan Nord
Daniel Bénay, Mathieu LeBlanc; McCarthy Tétrault LLP;
Legal Alert/Article
March 3, 2015, previously published on December 17, 2014
On December 5, 2014, the Québec National Assembly assented An Act respecting the Société du Plan Nord. The long-awaited Bill provides for the creation, organization and governance of the Société du Plan Nord whose mission will be to contribute, together with...

 

HTMLTsilhqot’in Nation v. British Columbia, Supreme Court of Canada decision - Highlights and impact in Quebec
René Morin; McCarthy Tétrault LLP;
Legal Alert/Article
March 3, 2015, previously published on December 2, 2014
On June 26, 2014, the Supreme Court of Canada handed down a major ruling on aboriginal title in its Nation Tsilhqot’in v. British Columbia decision.

 

HTMLThe 2015 Proxy Season: Glass Lewis and ISS Canadian Proxy Voting Guidelines Updates
Matthew Cumming, Jonathan R. Grant, Matthew Griffin, Ian C. Michael, Rene R. Sorell; McCarthy Tétrault LLP;
Legal Alert/Article
February 27, 2015, previously published on December 4, 2014
With the 2015 Proxy Season close at hand, Glass, Lewis & Co., LLC (Glass Lewis) and Institutional Shareholder Services Inc. (ISS) recently released their updated Canadian proxy voting guidelines. Changes and clarifications have been made to their guidelines in such areas as advance notice...

 

HTMLSCC Holds Disclosure of Private Communications Engages Constitutional Rights
Lisa Martz; McCarthy Tetrault LLP;
Legal Alert/Article
February 27, 2015, previously published on December 2, 2014
In its Nov. 14, 2014 decision in Wakeling v. United States of America, 2014 SCC 72, the Supreme Court of Canada (SCC) held that s. 8 of the Canadian Charter of Rights and Freedoms (the Charter) (the right to be free from unreasonable search and seizure) applies to the disclosure of communications...

 

HTMLSCC Undoes the Competition Tribunal and FCA Decisions in Tervita
Laurie Baptiste; McCarthy Tetrault LLP;
Legal Alert/Article
February 26, 2015, previously published on February 10, 2015
The highly anticipated judgment of the Supreme Court of Canada (SCC) in Tervita Corporation, et al v Commissioner of Competition is finally here (leave was granted back in July 2013 and argument heard in March 2014). Many expressed concerns about potential problems arising from the Tribunal and...

 

HTMLThe SCC Monitor (09/02/2015)
Justin Nasseri; McCarthy Tetrault LLP;
Legal Alert/Article
February 26, 2015, previously published on February 9, 2015
The Supreme Court of Canada recently released several judgments that are of interest to Canadian businesses and professions.

 

HTMLDemonstrating Harm: Statutory Test for Appealing Wind Turbine Projects Deemed Constitutional by the Divisional Court
Eric Pellegrino, Carole Piovesan; McCarthy Tetrault LLP;
Legal Alert/Article
February 24, 2015, previously published on January 13, 2015
The approval of industrial wind turbine projects is often met with resistance from the communities in which the projects are to be built. Residents (or businesses) located in close proximity to project sites often challenge the location of a project on the basis that the turbines cause harm to...

 

HTMLCourt of Appeal Affirms Employee Has No Duty to Mitigate Contractual Severance
Donovan Plomp; McCarthy Tetrault LLP;
Legal Alert/Article
February 17, 2015, previously published on December 5, 2014
Many employers attempt to define an employee’s right to compensation upon dismissal by having clear, enforceable termination provisions in their employment contracts. But what happens if the dismissed employee is offered re-employment shortly after termination and fails to accept it? Is she...

 

HTMLSCC Orders Parliament to Reconsider RCMP Labour Relations
Ryley Mennie; McCarthy Tetrault LLP;
Legal Alert/Article
February 17, 2015, previously published on January 22, 2014
Until last Friday, the Royal Canadian Mounted Police was Canada’s only police force that was legislatively prohibited from unionizing. On January 16, 2015, the Supreme Court of Canada ruled in Mounted Police Association of Ontario v. Canada (Attorney General), 2015 SCC 1, that the exclusion...

 


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