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HTMLLien Out: Arbitrary Protection for Pre-Construction Consultants
Aidan Cameron; McCarthy Tétrault LLP;
Legal Alert/Article
October 15, 2014, previously published on October 6, 2014
Those who claim a builders lien must comply strictly with the requirements of the Builders Lien Act, and owners (or at least their counsel) are frequently on the lookout for liens that can be extinguished for a failure to satisfy such requirements. The recent BC Supreme Court decision in Stanley...

 

HTMLQuébec Government and Gaz Métro Partner for LNG
Louis-Nicolas Boulanger; McCarthy Tétrault LLP;
Legal Alert/Article
October 15, 2014, previously published on October 3, 2014
On September 30, 2014, Québec Premier Philippe Couillard, jointly with the Minister of Energy and Natural Resources and the Minister Responsible for the Northern Plan, Mr. Pierre Arcand, the Minister for Transport and the Implementation of the Maritime Strategy, Mr. Jean d’Amour, and...

 

HTMLFocus on Competition Law Compliance - Competition Bureau Releases Draft Updated Bulletin on Corporate Compliance Programs
Oliver J. Borgers, Michele F. Siu; McCarthy Tétrault LLP;
Legal Alert/Article
October 14, 2014, previously published on October 8, 2014
Now, more than ever, it is critical for Canadian businesses to deploy an effective competition law compliance program. In a speech last month, Commission of Competition John Pecman reiterated that the best way for a company to reduce its risk of contravening the Competition Act is to put in place a...

 

HTMLQuebec Introduces An Act respecting the Société du Plan Nord
Daniel Bénay, Louis-Nicolas Boulanger, Damian Marczuk; McCarthy Tétrault LLP;
Legal Alert/Article
October 9, 2014, previously published on October 3, 2014
Quebec has introduced legislation to create the Société du Plan Nord (Company), the Crown corporation which will coordinate and contribute to the implementation of the government’s policy directions relating to the Plan Nord (or Northern Plan), the Government-led strategy for...

 

HTMLThe First Test of the Supplier Integrity Rules
Robert A. Glasgow, Brenda C. Swick, Tyler Wentzell; McCarthy Tétrault LLP;
Legal Alert/Article
October 9, 2014, previously published on September 29, 2014
Public Works and Government Services Canada (PWGSC) has announced that it is examining the effect of Hewlett Packard’s (HP) guilty plea to charges of bribery regarding that company’s contracts with the federal government. This is PWGSC’s first publicly announced application of its...

 

HTMLOSFI Issues Revised Capital Requirements for Property and Casualty Insurers
Ana Badour, Nancy J. Carroll, Frédéric Cotnoir, Barry J. Ryan; McCarthy Tétrault LLP;
Legal Alert/Article
October 9, 2014, previously published on October 7, 2014
On September 24, 2014, the Office of the Superintendent of Financial Institutions (OSFI) issued the revised Minimum Capital Test Guideline (Guideline) setting forth more robust risk-based capital requirements applicable to federally regulated property and casualty insurance companies (P&C Insurers)...

 

HTMLShareholder Activism Goes Mainstream - After the Pershing Square Holdings IPO, Shareholder Activism Should Be on Every Corporation’s Radar
Matthew E. Lawson, Clarke Ries; McCarthy Tétrault LLP;
Legal Alert/Article
October 9, 2014, previously published on September 25, 2014
Shareholder activists are increasingly influential in Canada’s M&A landscape, but expect that trend to intensify with a proposal to list Pershing Square Holdings on the Euronext Amsterdam stock exchange. The listing is expected to complete Bill Ackman’s capitalization of the new $5...

 

HTMLA Rare Decertification Decision from the BCCA Stands: No Leave to Appeal Wakelam
Jill Yates; McCarthy Tétrault LLP;
Legal Alert/Article
October 8, 2014, previously published on September 5, 2014
The Supreme Court of Canada yesterday refused the plaintiff’s application for leave to appeal the British Columbia Court of Appeal’s decertification decision in Wakelam v. Wyeth et al. Wakelam is a claim against various manufacturers of children’s cough and cold medication for...

 

HTMLSCC Maintains Permissive View of Quebec Class Actions and confirms the Consumer Protection Act applies to Bank Conversion Charges
Shaun Emery Finn; McCarthy Tétrault LLP;
Legal Alert/Article
October 8, 2014, previously published on September 22, 2014
In Bank of Montreal v. Marcotte, 2014 SCC 55, the Supreme Court dismissed appeals brought by various banks contesting the applicability of the Quebec Consumer Protection Act (“CPA”) to conversion charges charged by banks of foreign currency transactions. The Court concluded that certain...

 

HTMLOSC Second Guesses IIROC on Marc McQuillen Settlement Agreement and Northern Securities Penalties
Cristian O. Blidariu, Rene R. Sorell; McCarthy Tétrault LLP;
Legal Alert/Article
October 8, 2014, previously published on October 7, 2014
As we discussed in a previous post, the Ontario Securities Commission (OSC) rarely exercises its broad statutory discretion to interfere with and remake IIROC decisions. Last month, the OSC departed from this approach on two separate occasions.

 


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