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HTMLGovernment Announces its Intent to Relaunch “Small Hydro”
Daniel Bénay, Louis-Nicolas Boulanger; McCarthy Tétrault LLP;
Legal Alert/Article
May 27, 2014, previously published on May 26, 2014
On May 21, 2014, Mr. Philippe Couillard, Premier of Québec, presented his inaugural speech at the National Assembly. This was Mr. Couillard’s first inaugural speech which laid out the priorities and guiding objectives that his newly-elected government intends to follow and implement...

 

HTMLCompliance with CAN-SPAM Does Not Equal Compliance with CASL
Roland Hung; McCarthy Tétrault LLP;
Legal Alert/Article
May 27, 2014, previously published on May 26, 2014
We are approximately a month away from the effective date of Canada’s Anti-Spam Legislation (CASL) on July 1, 2014. CASL is widely considered to be among the toughest anti-spam legislation in the world and will have significant implications for businesses. All commercial electronic messages...

 

HTMLA Little Knowledge Is a Dangerous Thing...Because It Calls For Reasonable Diligence
Brooke MacKenzie; McCarthy Tétrault LLP;
Legal Alert/Article
May 27, 2014, previously published on May 23, 2014
The British Columbia Court of Appeal recently released a helpful decision applying principles of discoverability to determine when a limitation period begins to run. In Roberts v. E. Sands & Associates Inc., 2014 BCCA 122, the Court rejected 650 claims against a bankrupt investment firm on the...

 

HTMLAnother Setback for an Abandoned Project: Federal Court Rules Against Darlington Nuclear New Build ... but What Does this Mean for the Darlington Refurbishment?
Joanna Rosengarten; McCarthy Tétrault LLP;
Legal Alert/Article
May 27, 2014, previously published on May 22, 2014
The Darlington Nuclear Project (the “Project”) was first proposed in 2006. In 2009, following the Project’s initial planning stages, an environmental assessment (“EA”) process was commenced under the Canadian Environmental Assessment Act (since replaced by the Canadian...

 

HTMLEvolving Law of Trade Dress in a Digital World
Roland Hung; McCarthy Tétrault LLP;
Legal Alert/Article
May 27, 2014, previously published on May 23, 2014
In an increasingly crowded market, businesses are investing heavily into unique customer experiences to boost brand identity and loyalty. As expected, there is a growing need to protect the design and other distinguishing elements incorporated into the products, packaging as well as off and online...

 

HTMLUse Clauses and Exclusive Uses - Tips for Landlords in Retail Shopping Centres
Isabel Henkelman; McCarthy Tétrault LLP;
Legal Alert/Article
May 27, 2014, previously published on May 26, 2014
Landlords are often faced with requests from prospective tenants for a broad use clause or “exclusive” use protection in their leases. With an increasing number of tenants that offer similar merchandise or services, landlords must be alert to the dangers of promising tenants too general...

 

HTMLJoint Review Panel finds that Site C will have Significant Environmental and Aboriginal Impacts: Part 1 - Environmental
Monika Sawicka; McCarthy Tetrault LLP;
Legal Alert/Article
May 23, 2014, previously published on May 21, 2014
As reported in our earlier blog, the Joint Review Panel (the Panel) appointed to review BC Hydro’s proposed Site C Clean Energy Project (Site C) recently released its report to the public. In addition to assessing the project costs associated with Site C and BC Hydro’s methods for...

 

HTMLJoint Review Panel finds that Site C will have Significant Environmental and Aboriginal Impacts: Part 2 - Aboriginal
Selina Lee-Andersen; McCarthy Tétrault LLP;
Legal Alert/Article
May 23, 2014, previously published on May 21, 2014
In their assessment of the Site C Clean Energy Project (Site C), the Joint Review Panel (the Panel) considered the potential impact of Site C on Aboriginal rights and treaty rights, along with the possible effects of the project on the cultural and economic well-being of First Nations. It...

 

HTMLWoodfibre LNG Project to Use Electricity to Power LNG Compression
Michael Weber; McCarthy Tétrault LLP;
Legal Alert/Article
May 23, 2014, previously published on May 15, 2014
On Tuesday, May 13, 2014, Woodfibre Natural Gas Limited (Woodfibre) announced its plans to use electricity from BC Hydro to power the compression of natural gas at its proposed liquefied natural gas (LNG) plant near Squamish, B.C. According to Woodfibre, the decision not to use traditional natural...

 

HTMLLimits to Limitations: The Ontario Court of Appeal Addresses the Doctrines of “Fraudulent Concealment” and “Special Circumstances”
Anthony M.C. Alexander; McCarthy Tétrault LLP;
Legal Alert/Article
May 21, 2014, previously published on May 8, 2014
A recent decision involving solicitor’s negligence, Rajmohan v. Norman H. Solmon Family Trust, 2014 ONCA 352, required the Ontario Court of Appeal to consider two of the murkier issues relevant to limitations analysis — namely, (1) the doctrine of “fraudulent concealment”...

 


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