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HTMLNext Dance at the Retail Prom: Outlet Malls
Albert Lin; McCarthy Tétrault LLP;
Legal Alert/Article
March 25, 2015, previously published on March 24, 2015
Like the uncertain and seemingly interminable pause after the first dance at senior prom, the Canadian retail landscape is in a state of flux, with the landlords and retailers clasped in each other’s hands anxiously awaiting the next dance. Retailers are contending with new foreign entrants...

 

HTMLOntario Court of Appeal Again Narrowly Interprets the Resale Exemption in Ontario’s Franchise Legislation
Brooke MacKenzie, Adam Ship; McCarthy Tétrault LLP;
Legal Alert/Article
March 25, 2015, previously published on March 23, 2015
In its recent decision in 2147191 Ontario Inc. v. Springdale Pizza Depot Ltd., 2015 ONCA 116, the Ontario Court of Appeal upheld a finding on summary judgment that a franchisor could not rely on the “resale exemption” from the disclosure requirements found in Ontario’s franchise...

 

HTMLThe Restructuring of Quebec’s Multi-Employer Pension Plans
Lorraine Allard; McCarthy Tétrault LLP;
Legal Alert/Article
March 25, 2015, previously published on March 19, 2015
On February 18, 2015, the Government of Quebec introduced Bill 34, An Act to amend the Supplemental Pension Plans Act with respect to the funding and restructuring of certain multi-employer pension plans. By doing so, the Government of Quebec continues to show its commitment to tackling pension...

 

HTMLCompetition Bureau Seeks 30m$ Against Avis and Budget Over Non-Optional Fees
Michele F. Siu, Dominic Thérien; McCarthy Tétrault LLP;
Legal Alert/Article
March 25, 2015, previously published on March 18, 2015
On March 10, 2015, the Competition Bureau brought a misleading advertising application before the Competition Tribunal against Aviscar Inc. and Budgetcar Inc. The Bureau alleges that Avis and Budget promote car rentals at prices and discounts that are not attainable because customers are required...

 

HTMLTwo Big Wins for Unions at the SCC
Angela Juba; McCarthy Tétrault LLP;
Legal Alert/Article
March 25, 2015, previously published on March 20, 2015
Earlier this year, the Supreme Court of Canada delivered a pair of big wins to Canadian unions. Both judgments relate to public sector unions, but may have important implications for labour law more generally. In both cases, the Court has undermined its own precedent.

 

HTMLBC Court of Appeal Rules Bhasin Framework is Distinct from Implication of Contract Terms for Business Efficacy
Dharshini Sinnadurai; McCarthy Tétrault LLP;
Legal Alert/Article
March 25, 2015, previously published on March 22, 2015
A few months ago, the Supreme Court of Canada released its decision in Bhasin v Hrynew, a precedent-setting judgment, recognizing a general organizing principle of good faith in contract law. More recently, the BC Court of Appeal in Moulton Contracting Limited v. British Columbia, considered and...

 

HTMLCanada Targets 54 Entities and Individuals under its Latest Russia and Ukraine Economic Sanctions
John W. Boscariol, Tyler Wentzell; McCarthy Tétrault LLP;
Legal Alert/Article
March 24, 2015, previously published on February 18, 2015
On February 17, 2015, Prime Minister Stephen Harper announced new Canadian sanctions against 37 Russian and Ukrainian individuals, and 17 Russian and Ukrainian entities. These new sanctions were introduced in response to escalating violence, including the attacks on the Ukrainian city of Mariupol...

 

HTMLAdvocacy, Incivility and Professional Misconduct: Groia v The Law Society of Upper Canada
Timothy Froese; McCarthy Tetrault LLP;
Legal Alert/Article
March 18, 2015, previously published on March 6, 2015
Are the legal profession’s rules regarding civility at odds with a lawyer’s duty to zealously advocate on behalf of his or her client? Debate on this point has recently focused on the Law Society of Upper Canada’s discipline of Toronto lawyer Joseph Groia for uncivil conduct...

 

HTMLSCC Monitor (25/02/2015)
Robert Glasgow, Katie Szilagyi; McCarthy Tetrault LLP;
Legal Alert/Article
March 18, 2015, previously published on February 26, 2015
Since our last update, the Supreme Court of Canada denied leave to appeal in nine cases, heard one of the most highly anticipated appeals of the year, and released a judgment that impacts lawyers across the country.

 

HTMLAppeals Court Overturns Damages Award to Proponent for Aboriginal Blockade
Stephanie Axman, Bryn Gray; McCarthy Tetrault LLP;
Legal Alert/Article
March 18, 2015, previously published on March 11, 2015
The BC Court of Appeal (BCCA) has overturned a significant trial decision that had ordered the province of British Columbia (Province) to pay $1.75 million in damages to a logging company arising from a blockade by members of a Treaty 8 First Nation.

 


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