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McCarthy Tetrault LLP Document Search Results (283) Show: results per page Sort by:  | City of Toronto New City-Wide Zoning By-Law - Important Next Steps
McCarthy Tetrault LLP;
Legal Alert/Article March 8, 2013, previously published on March 5, 2013 The statutory open house on the Toronto New City-Wide Zoning By-Law (New ZBL) was held on Wednesday, February 27th. The statutory public meeting will be held by the Planning and Growth Management Committee on Wednesday, March 6th at 9:30 a.m. in the Council Chamber at City Hall, 100 Queen St. West....
| | The Second Opinion: The BCCA Clarifies the Doctrine of Res Judicata
McCarthy Tetrault LLP;
Legal Alert/Article March 7, 2013, previously published on February 22, 2013 Regrettably, Canadian courts have not always done an adequate job of distinguishing between the two discrete branches of res judicata - i.e., (i) issue estoppel and (ii) cause of action estoppel - nor in aligning those two forms of res judicata with the related but separate doctrine of (iii) abuse...
| | Federal Court of Appeal Holds that Competition Act Claims are Arbitrable
McCarthy Tetrault LLP;
Legal Alert/Article March 7, 2013, previously published on February 26, 2013 In a decision released on February 14, 2013, the Federal Court of Appeal stayed a proposed class action alleging breaches of the Competition Act on the basis that the parties had agreed to a mandatory arbitration process. The Court of Appeal’s decision in Murphy v. Amway Canada Corporation...
| | British Columbia Court of Appeal Reaffirms Seller’s Right to Retain Defaulting Buyer’s Deposit Without Proof of Damages
McCarthy Tetrault LLP;
Legal Alert/Article March 7, 2013, previously published on February 11, 2013 On February 5, 2013, the British Columbia Court of Appeal (BCCA) released an important decision addressing the proper rules for interpreting the language of deposit forfeiture clauses in contracts for the purchase and sale of land.
| | Interlocutory Injunctions in the Public Interest: The UK Supreme Court Considers When an Undertaking In Damages Is Required
McCarthy Tetrault LLP;
Legal Alert/Article March 7, 2013, previously published on March 6, 2013 In a recent decision, the UK Supreme Court considered whether public authorities, acting in fulfillment of their statutory mandate, have to give an undertaking in damages when they seek an interlocutory injunction. The case arose in the context of a share sale scheme that the Financial Services...
| | The Second Opinion: Beware Contractual Provisions triggered (even indirectly) by a Party’s Insolvency
McCarthy Tetrault LLP;
Legal Alert/Article March 7, 2013, previously published on March 6, 2013 Following a recent ruling of the Ontario Court of Appeal, parties may need to proceed cautiously in enforcing contractual rights and remedies in circumstances where there is a risk of the counterparty subsequently becoming insolvent.
| | Ontario Divisional Court Upholds Denial of Certification of Pharmaceutical Class Action against AstraZeneca
McCarthy Tetrault LLP;
Legal Alert/Article March 7, 2013, previously published on February 22, 2013 In a rare and dramatic oral ruling from the bench, the Ontario Divisional Court yesterday upheld the May 7, 2012 decision of Horkins J. in Martin v. AstraZeneca Pharmaceuticals Plc, 2012 ONSC 2744 to deny certification of a proposed national class action relating to the anti-psychotic medicine,...
| | IIROC Guidance Distinguishes Compliance From Supervision
McCarthy Tetrault LLP;
Legal Alert/Article March 7, 2013, previously published on February 25, 2013 In the wake of a disciplinary panel's reasons given in 2012 in Re Northern Securities (Northern Securities), the Investment Industry Regulatory Organization of Canada (IIROC) has issued fresh guidance on the compliance and supervision responsibilities of IIROC-regulated personnel.
| | Industry Canada Says It Will Give Exemptions to CBCA Issuers Wishing to Use Notice-and-Access for Proxy Materials
McCarthy Tetrault LLP;
Legal Alert/Article March 1, 2013, previously published on February 26, 2013 Federally incorporated issuers will need to apply for an exemption from corporate legislation in order to take advantage of the notice-and-access procedure for proxy materials, according to a notice published by Industry Canada on February 15, 2013 (Notice).
| | Bill C-30 Update
Rish Handa; McCarthy Tétrault LLP;
Legal Alert/Article February 22, 2013, previously published on February 19, 2013 Almost a year after the bill’s introduction on Valentine’s Day in 2012 by Canada’s public safety minister, Vic Toews, the Conservative government abandoned its attempt to modernize the Criminal Code through Bill C-30. The purpose of the proposed legislation was to provide law...
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