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McCarthy Tétrault LLP Document Search Results (283) Show: results per page Sort by:  | The Second Opinion: Ontario Court Of Appeal Limits Reach of Worker Safety Legislation with New Test for Reportable Injuries
Kirsten Thompson; McCarthy Tétrault LLP;
Legal Alert/Article February 21, 2013, previously published on February 20, 2013 With that pronouncement, the Ontario Court of Appeal righted what it described as the “absurd” result of a literal interpretation of worker safety legislation that saw a resort sanctioned for failing to report to the Ministry of Labour the death of a guest in its swimming pool.
| | Click Here to Win a Million Dollars!: The Australian High Court Considers Whether Online Intermediaries are Liable for Displaying Misleading or Deceiving Advertisements
Sam Rogers; McCarthy Tétrault LLP;
Legal Alert/Article February 21, 2013, previously published on February 21, 2013 Online advertising is big business. It is estimated that $92 billion was spent worldwide last year, and forecasters expect that number to reach $143 billion by 2017. But to what extent are the distributers of online advertisements responsible for their content? That was the question considered by...
| | The Fairness of Tracing: Ontario Court of Appeal Considers Methods of Distributing Remaining Funds to Victims of a Ponzi Scheme
Melissa Atkin; McCarthy Tétrault LLP;
Legal Alert/Article February 21, 2013, previously published on February 20, 2013 In Boughner v. Greyhawk, the Ontario Court of Appeal recently considered different methods for determining how to fairly distribute comingled funds remaining from a collapsed Ponzi scheme. The Court affirmed the decision of the lower court which held that, where practical, remaining funds should be...
| | Restrictive Covenants Unenforceable
Earl Phillips; McCarthy Tétrault LLP;
Legal Alert/Article February 20, 2013, previously published on February 15, 2013 The Ontario Court of Appeal has made some interesting findings that should be considered when looking at your non-competition and non-solicitation covenants.
| | Death of a Guest Not a Workplace Safety Matter
Christopher McHardy; McCarthy Tétrault LLP;
Legal Alert/Article February 20, 2013, previously published on February 19, 2013 Thank goodness! The ruling that an accidental drowning death of a guest at a resort had to be reported by the resort owner under occupational health and safety law in Ontario as if it was a death or critical injury occurring at a workplace has been overturned. The Ontario Court of Appeal is to be...
| | Canada Updating its Controls Over Exports and Technology Transfers
John W. Boscariol; McCarthy Tétrault LLP;
Legal Alert/Article February 18, 2013, previously published on February 15, 2013 The Canadian government has announced a number changes to Canada’s Export Control List (ECL), which sets out the goods, services and technology subject to export and technology transfer controls that include permit and reporting requirements. Many additions and removals of controls, as well...
| | The Second Opinion: Restrictive Covenants at the Ontario Court of Appeal
Brandon Kain; McCarthy Tétrault LLP;
Legal Alert/Article February 18, 2013, previously published on February 15, 2013 The Ontario Court of Appeal has released an important new judgment concerning the enforceability of restrictive covenants: Martin v. ConCreate USL Limited Partnership, 2013 ONCA 72. The decision provides guidance about when a restrictive covenant will be unenforceable owing to its duration and the...
| | Federal Court Rules on Family Status Accommodation
Lauren Cowl, Sunil Kapur; McCarthy Tétrault LLP;
Legal Alert/Article February 14, 2013, previously published on February 11, 2013 In recent years, courts, tribunals and arbitrators have considered the obligations of employers when dealing with family status-related needs. In the recent case Attorney General of Canada v. Johnstone (Johnstone), the Federal Court of Canada (FC) determined the question of what constitutes...
| | A Closer Look at the Griffiths Energy Case: Lessons and Insights on Canadian Anti-Corruption Enforcement
Paul Michael Blyschak, John W. Boscariol; McCarthy Tétrault LLP;
Legal Alert/Article February 14, 2013, previously published on February 14, 2013 On January 25, 2013, the Alberta Court of Queen’s Bench approved a $10.35 million penalty against Griffiths Energy International Inc. (Griffiths) for a violation of the Corruption of Foreign Public Officials Act (CFPOA) in connection with the actions of the company’s previous management...
| | British Columbia Court of Appeal Reaffirms Seller's Right to Retain Defaulting Buyer's Deposit Without Proof of Damages
Alexandra Cocks, Lisa Martz; McCarthy Tétrault LLP;
Legal Alert/Article February 14, 2013, previously published on February 11, 2013 On February 5, 2013, the British Columbia Court of Appeal (BCCA) released an important decision addressing the proper rules for interpreting the language of deposit forfeiture clauses in contracts for the purchase and sale of land.
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