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HTMLEnergy Storage Update
Roya Baryole, William Fyfe, James Klein, Lynn Parsons; McCarthy Tétrault LLP;
Legal Alert/Article
August 6, 2014, previously published on July 31, 2014
Five companies have now been selected to provide energy storage services as part of the Independent Electricity System Operator’s (the “IESO”) 35 MW procurement of renewable energy storage capacity. They are Canadian Solar Solutions Inc., Convergent Energy and Power LLC, Dimplex...

 

HTMLIs “Net Benefit” to Canada different for State-Owned Enterprise Investments?
Oliver J. Borgers, Michele F. Siu; McCarthy Tétrault LLP;
Legal Alert/Article
August 6, 2014, previously published on July 31, 2014
Investments in Canadian businesses by foreign state-owned enterprises[1] (“SOE”) may receive greater scrutiny than investments by non-state owned enterprises. The Canadian government has made it clear that investments by SOEs will be assessed differently than other investments under...

 

HTMLThe Enforcement Begins: Highlights of the CRTC FAQ Updates on CASL
Roland Hung; McCarthy Tétrault LLP;
Legal Alert/Article
August 6, 2014, previously published on August 4, 2014
CASL came into effect on July 1, 2014, including the provisions for sending commercial electronic messages (“CEM”) (section 6) and installing computer programs (section 8). Since July 1, 2014, it is reported that the CRTC has received more than 1,000 complaints. Hence, awareness of...

 

HTMLIntrusion Upon Seclusion Part 2: Implications for Businesses Across Canada
Roland Hung; McCarthy Tétrault LLP;
Legal Alert/Article
August 6, 2014, previously published on August 1, 2014
Recently, my colleagues Sean Griffin and Ann-Elisabeth Simard considered the Evans v Bank of Nova Scotia (“Evans”) decision wherein the Ontario Supreme Court (the “Court”) certified a class action proceeding for allegations concerning a breach of privacy rights through the...

 

HTMLWorkplace Drug Dealing Provides After-Acquired Cause for Termination
Rosalie Cress, Will Skinner; McCarthy Tetrault LLP;
Legal Alert/Article
August 6, 2014, previously published on August 1, 2014
In most cases, employees who commit misconduct will face the consequences of their actions during their employment, in the form of discipline or even termination for just cause. But, what if the employer only learns of an employee’s misconduct after the employee is dismissed without cause?...

 

HTMLThird Party’s Right to Use Official Mark in a Domain Name Upheld: BC Court of Appeal Rejects ICBC’s Claim of Trade-mark Infringement
Lisa Martz; McCarthy Tétrault LLP;
Legal Alert/Article
August 6, 2014, previously published on August 4, 2014
On July 22, 2014, the B.C. Court of Appeal dismissed the claim of B.C.’s provincial auto insurer, the Insurance Corporation of British Columbia (ICBC), that a personal injury lawyer’s registration and use of domain names incorporating its official mark “ICBC” violated the...

 

HTMLBeware Hubris - Janssen’s infringement of AbbVie’s patent gets enjoined by the Federal Court
Fiona Legere, Andrew J. Reddon, David Tait; McCarthy Tétrault LLP;
Legal Alert/Article
August 6, 2014, previously published on August 1, 2014
Justice Roger T. Hughes of the Federal Court of Canada granted AbbVie the first-ever limited injunction against a branded pharmaceutical company infringing a branded competitor’s patent. The injunction followed Justice Hughes’ earlier finding that AbbVie’s patent was valid and...

 

HTMLEmployers Should Take Advantage of Human Rights Summary Hearings
Daniel Pugen; McCarthy Tétrault LLP;
Legal Alert/Article
August 4, 2014, previously published on July 23, 2014
A few years back, the human rights system in Ontario was overhauled. The Human Rights Commission was to no longer investigate complaints and refer them to the Human Rights Tribunal (if they had some merit). All cases were to now go directly to the Tribunal for adjudication. Applicants (who are...

 

HTMLBC Human Rights Tribunal Issues New Rules Of Practice and Procedure
Donovan Plomp; McCarthy Tétrault LLP;
Legal Alert/Article
August 2, 2014, previously published on July 30, 2014
Following on its new complaint and application forms introduced earlier this year, the British Columbia Human Rights Tribunal recently issued new Rules of Practice and Procedure (the “2014 Rules”), replacing its former Rules from January 2008. The 2014 Rules are directed at reducing the...

 

HTMLSupreme Court of Canada Dismisses Toronto Real Estate Board’s Leave to Appeal - Competition Tribunal Must Reconsider Commissioner’s Application
McCarthy Tetrault LLP;
Legal Alert/Article
August 1, 2014, previously published on July 30, 2014
Earlier this year, the Federal Court of Appeal (FCA) ruled that the Competition Tribunal (Tribunal) erred in dismissing the abuse of dominance case brought by the Commissioner of Competition (Commissioner) against the Toronto Real Estate Board (TREB). The FCA’s ruling hinged on its finding...

 


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