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HTMLThe 2015 Proxy Season: Glass Lewis and ISS Canadian Proxy Voting Guidelines Updates
Matthew Cumming, Jonathan R. Grant, Matthew Griffin, Ian C. Michael, Rene R. Sorell; McCarthy Tétrault LLP;
Legal Alert/Article
February 27, 2015, previously published on December 4, 2014
With the 2015 Proxy Season close at hand, Glass, Lewis & Co., LLC (Glass Lewis) and Institutional Shareholder Services Inc. (ISS) recently released their updated Canadian proxy voting guidelines. Changes and clarifications have been made to their guidelines in such areas as advance notice...

 

HTMLSCC Holds Disclosure of Private Communications Engages Constitutional Rights
Lisa Martz; McCarthy Tetrault LLP;
Legal Alert/Article
February 27, 2015, previously published on December 2, 2014
In its Nov. 14, 2014 decision in Wakeling v. United States of America, 2014 SCC 72, the Supreme Court of Canada (SCC) held that s. 8 of the Canadian Charter of Rights and Freedoms (the Charter) (the right to be free from unreasonable search and seizure) applies to the disclosure of communications...

 

HTMLThe SCC Monitor (09/02/2015)
Justin Nasseri; McCarthy Tetrault LLP;
Legal Alert/Article
February 26, 2015, previously published on February 9, 2015
The Supreme Court of Canada recently released several judgments that are of interest to Canadian businesses and professions.

 

HTMLSCC Undoes the Competition Tribunal and FCA Decisions in Tervita
Laurie Baptiste; McCarthy Tetrault LLP;
Legal Alert/Article
February 26, 2015, previously published on February 10, 2015
The highly anticipated judgment of the Supreme Court of Canada (SCC) in Tervita Corporation, et al v Commissioner of Competition is finally here (leave was granted back in July 2013 and argument heard in March 2014). Many expressed concerns about potential problems arising from the Tribunal and...

 

HTMLDemonstrating Harm: Statutory Test for Appealing Wind Turbine Projects Deemed Constitutional by the Divisional Court
Eric Pellegrino, Carole Piovesan; McCarthy Tetrault LLP;
Legal Alert/Article
February 24, 2015, previously published on January 13, 2015
The approval of industrial wind turbine projects is often met with resistance from the communities in which the projects are to be built. Residents (or businesses) located in close proximity to project sites often challenge the location of a project on the basis that the turbines cause harm to...

 

HTMLCourt of Appeal Affirms Employee Has No Duty to Mitigate Contractual Severance
Donovan Plomp; McCarthy Tetrault LLP;
Legal Alert/Article
February 17, 2015, previously published on December 5, 2014
Many employers attempt to define an employee’s right to compensation upon dismissal by having clear, enforceable termination provisions in their employment contracts. But what happens if the dismissed employee is offered re-employment shortly after termination and fails to accept it? Is she...

 

HTML"Unlike" - Social Media Gaffes Not Cause To Dismiss Communications Manager
Christopher McHardy; McCarthy Tetrault LLP;
Legal Alert/Article
February 17, 2015, previously published on December 19, 2014
As more people use social media to communicate in and out of the office, social media posts by employees are increasingly a concern for employers. In a recent case, the International Triathlon Union (¿ITU¿) dismissed its Senior Manager of Communications, Paula Kim, because of negative posts she...

 

HTMLMini-Tenders 301: Will Such Offers Be Used in Proxy Contests?
Matthew Cumming, Shane C. D'Souza, Matthew Griffin; McCarthy Tétrault LLP;
Legal Alert/Article
February 17, 2015, previously published on November 24, 2014
This is the final article in our mini-tender trilogy. We have previously discussed mini-tender offers from the perspectives of the offeror, and the issuer and shareholders. This article considers how mini-tenders might be strategically used in proxy contests.

 

HTMLSCC Orders Parliament to Reconsider RCMP Labour Relations
Ryley Mennie; McCarthy Tetrault LLP;
Legal Alert/Article
February 17, 2015, previously published on January 22, 2014
Until last Friday, the Royal Canadian Mounted Police was Canada’s only police force that was legislatively prohibited from unionizing. On January 16, 2015, the Supreme Court of Canada ruled in Mounted Police Association of Ontario v. Canada (Attorney General), 2015 SCC 1, that the exclusion...

 

HTMLIndustry Minister Targets Retail Sales With New Cross Border Price Discrimination Law
Oliver J. Borgers, Michele Siu; McCarthy Tetrault LLP;
Legal Alert/Article
February 13, 2015, previously published on December 9, 2014
Today, Industry Minister James Moore announced that new legislation, the ¿Price Transparency Act¿, will be tabled in Parliament to target ¿unjustified¿ cross-border price discrimination. Minister Moore indicated that the legislation will ensure that Canadians pay ¿comparable prices for comparable...

 


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