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HTML54 Bids Totaling 6,627.5MW Submitted in Connection with Hydro-Québec Distribution’s 450MW Wind RFP
Louis-Nicolas Boulanger, Franck Marvel Ngandui; McCarthy Tétrault LLP;
Legal Alert/Article
December 17, 2014, previously published on November 10, 2014
On November 6, 2014, Hydro-Québec Distribution (“HQD”) publicly opened the sealed bids received in response to its request for proposals launched on December 18, 2013, for the purchase of 450MW of wind power produced in Québec. The submission of bids, initially due for...

 

HTML“Golden Leashes” Are Back: Will Shareholder Activists Win This Round?
Shane C. D'Souza, Deandra L. Schubert; McCarthy Tétrault LLP;
Legal Alert/Article
December 17, 2014, previously published on November 18, 2014
After taking a break this past proxy season, “golden leash” arrangements are back in the spotlight. A few days ago, Third Point LLC proposed so-called “golden leash” arrangements for their two nominees to the board of Dow Chemical Co.

 

HTMLThe Second Opinion: “Use it or Lose it” — The BCCA Warns Parties to Act Quickly in Response to a Fundamental Breach (or Suffer the Consequences)
Anthony M.C. Alexander; McCarthy Tétrault LLP;
Legal Alert/Article
December 17, 2014, previously published on November 14, 2014
A recent ruling of the British Columbia Court of Appeal, A & G Investments Inc. v. 0915630 B.C. Ltd., 2014 BCCA 425, provides a useful primer on the available mechanisms for bringing a contract to an end.

 

HTMLBC Hydro Amends Standing Offer Program Rules to Exclude Existing Generators
Maxime Léveillé, Sven Milelli; McCarthy Tétrault LLP;
Legal Alert/Article
December 17, 2014, previously published on November 27, 2014
On November 26, 2014, BC Hydro announced that it has amended its Standing Offer Program (SOP) rules to make existing generation no longer eligible for participation in the SOP. BC Hydro states that the amendment is in line with BC Hydro’s 2013 Clean Energy Strategy contained in its Integrated...

 

HTMLRules Requiring Disclosure of Participation of Women on Boards and in Senior Management coming into force December 31, 2014
Myreille Gilbert, Jonathan R. Grant, Joelle Lecours-Bouchard, Wendi A. Locke, Genevieve Pinto; McCarthy Tétrault LLP;
Legal Alert/Article
December 15, 2014, previously published on November 4, 2014
The Canadian Securities Administrators (CSA) published October 15, 2014 in final form amendments to the governance disclosure rules contained in National Instrument 58-101 - Disclosure of Corporate Governance Practices(Amendments) that will require public companies which are reporting issuers in...

 

HTMLNational Energy Board Rules in Favour of Trans Mountain
Paul R. Cassidy, Gordon M. Nettleton, Monika A. Sawicka; McCarthy Tétrault LLP;
Legal Alert/Article
December 15, 2014, previously published on October 27, 2014
On October 9, 2014, Trans Mountain Pipeline ULC’s (“Trans Mountain”) motion was heard by the National Energy Board (“NEB”) after a series of incidents between Trans Mountain and the City of Burnaby (“Burnaby”). Burnaby officials ticketed Trans Mountain...

 

HTMLB.C. Government Tables Comprehensive LNG Tax Legislation
TJ Kang, Brian O'Neill, Monika A. Sawicka; McCarthy Tétrault LLP;
Legal Alert/Article
December 15, 2014, previously published on October 28, 2014
On October 21, 2014, British Columbia Finance Minister Michael de Jong announced Bill 6 - 2014, the Liquefied Natural Gas Income Tax Act (the “Act”), which proposes an income tax, effective for taxation years beginning on or after January 1, 2017, payable on net income from liquefaction...

 

HTMLSupreme Court of Canada Recognizes a General Principle of Good Faith in Contractual Performance
Neil Finkelstein, Brandon Kain; McCarthy Tétrault LLP;
Legal Alert/Article
December 15, 2014, previously published on November 14, 2014
The Supreme Court of Canada has released a precedent-setting judgment in the area of contract law. In Bhasin v. Hrynew, 2014 SCC 71, the Court recognized for the first time that there is a general organizing principle of good faith in the performance of contracts throughout Canada. The appeal was...

 

HTMLSupreme Court of Canada Gives Quick Win To BCTF On Parental Benefits
Christopher McHardy; McCarthy Tétrault LLP;
Legal Alert/Article
December 8, 2014, previously published on November 27, 2014
The Supreme Court of Canada recently made a rare oral ruling from the bench, giving the B.C. Teachers’ Federation (“BCTF”) a quick win in their appeal of a decision by the B.C. Court of Appeal regarding discrimination and unequal treatment under the Human Rights Code and the...

 

HTMLAnother Step Towards Québec’s New Energy Policy
Louis-Nicolas Boulanger, Franck Marvel Ngandui; McCarthy Tétrault LLP;
Legal Alert/Article
November 28, 2014, previously published on November 10, 2014
On November 7, 2014, the Minister of Energy and Natural Resources and the Minister Responsible for the Northern Plan, Mr. Pierre Arcand, announced the beginning of a consultation process on Québec’s new energy policy set to be released in Fall 2015.

 


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