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HTMLThe Tort of Intrusion Upon Seclusion Meets Class Action Certification: Part II
Roland Hung; McCarthy Tétrault LLP;
Legal Alert/Article
July 10, 2014, previously published on July 3, 2014
In Part I of this blog, I canvassed the decision Evans v Bank of Nova Scotia (“Evans”) wherein the Ontario Superior Court certified a class action proceeding for allegations concerning a breach of privacy rights through the tort of intrusion upon seclusion first set out in Jones v Tsige...

 

HTMLAboriginal Title Declared in Historic SCC Decision, Tsilhqot’in Nation v. British Columbia
Sam Adkins, Stephanie Axmann, Selina Lee-Andersen; McCarthy Tétrault LLP;
Legal Alert/Article
July 10, 2014, previously published on June 27, 2014
On June 26, 2014, the Supreme Court of Canada (SCC) released its highly anticipated decision in Tsilhqot’in Nation v. British Columbia. In this ground-breaking decision, Canada’s highest court granted a declaration of Aboriginal title over a tract of Crown lands to the Tsilhqot’in...

 

HTMLAssessing the Implications of the Tsilhqot’in Decision on Resource Development Projects in Canada
Selina Lee-Andersen; McCarthy Tétrault LLP;
Legal Alert/Article
July 10, 2014, previously published on June 27, 2014
As discussed in our earlier blog posting, the Supreme Court of Canada (SCC) recently released its decision in Tsilhqot’in Nation v British Columbia (2014 SCC 44), a decision which granted a declaration of title over a tract of Crown lands located in interior British Columbia (BC) to the...

 

HTMLWhat a Relief! BC Court of Appeal Decides that Equitable Relief from Forfeiture Not Available to Residential Tenants
Scott Smythe; McCarthy Tétrault LLP;
Legal Alert/Article
July 10, 2014, previously published on July 2, 2014
A commercial tenant may apply to court for relief from forfeiture when faced with the termination of its lease by a landlord, but can a residential tenant also seek such relief? That question was recently answered by a 5 member panel of the British Columbia Court of Appeal in Ganitano v. Metro...

 

HTMLSummary Judgment on Trial: Ontario Court of Appeal Revisits the Risks of Summary Adjudication
Katherine A. Booth; McCarthy Tétrault LLP;
Legal Alert/Article
July 10, 2014, previously published on July 3, 2014
In a recent decision, Baywood Homes Partnership v. Haditaghi, 2014 ONCA 450, the Ontario Court of Appeal reiterates some of the risks of summary adjudication and reminds parties that, despite the enthusiasm for summary judgment endorsed by the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC...

 

HTMLOPA-IESO Merger
George Vegh; McCarthy Tétrault LLP;
Legal Alert/Article
July 10, 2014, previously published on July 4, 2014
The Government’s plan to merge the Ontario Power Authority (the “OPA”) and the Independent Electricity System Operator (the “IESO”) moved forward with the introduction of the budget bill which includes legislation that would merge the two agencies.

 

HTMLThe Aereo Decision - Canadian Content?
Daniel G.C. Glover; McCarthy Tétrault LLP;
Legal Alert/Article
July 7, 2014, previously published on June 26, 2014
Careful observers of the United States Supreme Court’s 6-3 decision yesterday in American Broadcasting Cos., Inc. et al v. Aereo, Inc. may have detected a small Canadian flavour in the majority’s reasoning. As will be revealed, this was no coincidence, and McCarthy Tétrault...

 

HTMLOntario Human Rights Commission Releases New Policy on Mental Health Disabilities and Addictions
Benjamin T. Aberant; McCarthy Tétrault LLP;
Legal Alert/Article
July 7, 2014, previously published on June 24, 2014
On April 16th, we reported on a new policy published by the Ontario Human Rights Commission (the Commission) entitled Policy on Preventing Discrimination Because of Gender Identity and Gender Expression. Last week, the Commission published a new policy entitled the Policy on preventing...

 

HTMLProposed Rules for Exploration Work for Hydrocarbons on the Anticosti Island
Daniel Bénay, Mathieu LeBlanc; McCarthy Tétrault LLP;
Legal Alert/Article
July 2, 2014, previously published on June 11, 2014
On June 9, 2014, the Minister of Energy and Natural Resources published in the Gazette officielle du Québec a draft Minister’s Order setting out the conditions on which exploration work for petroleum and natural gas may be performed on Québec public land on the Anticosti Island....

 

HTMLYou Can Stay Anonymous: SCC Recognizes a Privacy Interest in Protecting Anonymity on the Internet
Roland Hung, Charles S. Morgan; McCarthy Tétrault LLP;
Legal Alert/Article
June 27, 2014, previously published on June 22, 2014
On June 13, 2014, in a landmark privacy ruling, the Supreme Court of Canada (“SCC”) in R v Spencer (“Spencer”) unanimously recognized that, in addition to confidentiality and control of the use of personal information, there may be a privacy interest in protecting anonymity...

 


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