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HTMLProposed Changes to Takeover Bid Regime in Canada Would Put More Time in the Hands of Target Boards
Fraser Bourne, Garth M. Girvan, Heidi Gordon, Graham P.C. Gow, Clemens Mayr; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 11, 2014
On September 11, 2014, the Canadian Securities Administrators (CSA) published CSA Notice 62-306 ¿ Update on Proposed National Instrument 62-105 Security Holder Rights Plans (Notice) and the Autorité des marchés financiers (AMF) Consultation Paper An Alternative Approach to...

 

HTMLDie Another Day: SCC Adjourns Appeal of National Class Actions Decision Sine Die
Katherine A. Booth; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 15, 2014
Followers of Canadian class actions law will have longer to wait for a decision in the much anticipated appeal from the Manitoba Court of Appeal’s decision in Meeking v. Cash Store Inc. et al., 2013 MBCA 81. The appeal, which was scheduled to be heard on January 12, 2015 and expected to bring...

 

HTMLGranting Trademark Protection to the Design and Layout of Retail Stores
Cristel Chabot-Lapointe; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 18, 2014
On July 10, 2014 the Court of Justice of the European Union (the “CJEU”) issued its decision in Apple Inc. v. Deutsches Patent und Markenamt and recognized the possibility to register a three-dimensional representation of the design and layout of a retail store as a Community Trade Mark.

 

HTMLWaiving “formalities” in a Procurement Process: What Owners and Bidders Need to Know
Julie K. Parla; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 23, 2014
It is not unusual for tender documents to reserve discretion to an owner to “waive formalities” in accepting a bid. Such discretion needs to be interpreted in the context of the requirement that an owner may in no circumstances accept a “non-compliant bid”. But, without...

 

HTMLInsider Trading: Securities Commission to Think Twice About Excessive Sanctions and Speculation
Kate Findlay; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 24, 2014
In a rare appellate court decision, the Court of Appeal in Walton v. Alberta (Securities Commission), 2014 ABCA 273, has set aside a decision by the Alberta Securities Commission and has held that any monetary penalties levied must be proportionate to the circumstances of the offender and supported...

 

HTMLBritish Columbia Supreme Court Breaks New Ground on Contaminated Sites
Paul R. Cassidy, Nicholas Hughes, Selina Lee-Andersen, Monika A. Sawicka; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 17, 2014
On August 25, 2014, the British Columbia Supreme Court (BCSC) issued reasons in J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc., 2014 BCSC 1619. The case involved an action by J.I. Properties Inc. (JIP), a current owner of a contaminated site, to recover approximately $5.3 million in...

 

HTMLBitcoin Accepted Here? Funding M&A Transactions by Way of Bitcoin
Ana Badour; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 15, 2014
There is no denying the increasing popularity and notoriety of the virtual currency Bitcoin. Bitcoin market capitalization currently stands in the billions of dollars, with over 13 million Bitcoins having been mined and made available for circulation. An increasing number of merchants, including...

 

HTMLAlberta’s New Pension Legislation: Noteworthy Changes
Lorraine Allard; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 23, 2014
Alberta’s new Employment Pension Plans Act (EPPA) and Employment Pension Plans Regulation (EPPR) came into force on September 1, 2014. This new Alberta legislation, which responds to the 2008 Joint Expert Panel on Pension Standards Report, constitutes a substantial revision of pension...

 

HTMLCanada’s Foreign Investment Protection Agreement With China Takes Effect on October 1, 2014
John W. Boscariol; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 16, 2014
The Canadian government has announced that the bilateral investment treaty (BIT) between China and Canada has now been ratified and will come into force on October 1, 2014, more than two years after the agreement was concluded and signed by the two countries. The BIT contains substantive...

 

HTMLCanada Announces New Economic Sanctions Against Russia
John W. Boscariol; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 17, 2014
Today, Canada published a number of changes to its sanctions measures against Russia, which include asset freezes and travel bans against certain officials in the Russian Armed Forces and restrictions on dealing with additional Russian arms manufacturers and one financial institution. The measures...

 


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