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HTMLNew Canadian Sanctions Target Russian Oil Exploration and Production Activity
John W. Boscariol; McCarthy Tétrault LLP;
Legal Alert/Article
January 16, 2015, previously published on December 22, 2014
On December 19, 2014, Canada significantly expanded its economic sanctions against Russia by imposing restrictions on the supply of certain goods and related technical, financial and other services for use in offshore, Arctic or shale oil exploration or production.

 

HTMLIIROC Releases Final Guidance on Underwriting Due Diligence
Patrick Boucher, Matthew Cumming, Michael J. Eldridge, Graham P.C. Gow, Robert O. Hansen; McCarthy Tétrault LLP;
Legal Alert/Article
January 16, 2015, previously published on January 6, 2015
On December 18, 2014, the Investment Industry Regulatory Organization of Canada (IIROC) published Rules Notices 14-0299 and 14-0300 in connection with the release of final guidance respecting underwriting due diligence (Final Guidance). The Final Guidance follows IIROC’s publication of...

 

HTMLCross-Border Price Discrimination: Increased Powers for the Commissioner of Competition
Oliver J. Borgers, Donald B. Houston, Madeleine Renaud, Michele F. Siu; McCarthy Tétrault LLP;
Legal Alert/Article
January 16, 2015, previously published on December 15, 2014
On December 9, 2014, new legislation, referred to as the Price Transparency Act, was tabled in Parliament to target “unjustified” cross-border price discrimination.[1] The proposed law is not intended to set or regulate prices in Canada, nor does it provide for penalties or other...

 

HTMLJurisdiction of Canadian Courts over Foreign Entities and Transactions: Guidance from the Ontario Divisional Court
Geoff R. Hall; McCarthy Tétrault LLP;
Legal Alert/Article
January 16, 2015, previously published on January 5, 2015
When can a Canadian court take jurisdiction over an action to set aside a foreign asset purchase transaction? That is the issue recently considered by the Ontario Divisional Court in Harrowand S.L. v. DeWind Turbines Ltd.,[1] in which a Korean company appealed a lower court order that had held that...

 

HTMLThe Most Hackable Month of the Year: Steps Companies Can Take to Protect Themselves from Data Breaches
Kirsten Thompson; McCarthy Tétrault LLP;
Legal Alert/Article
January 16, 2015, previously published on November 28, 2014
In a few short days it will be Cyber Monday, the kickoff to the financial madness that is the holiday shopping season. For cybercriminals and fraudsters, December represents the mother lode of hackable data.

 

HTMLApprehending Reasonable Apprehension of Bias
Dharshini Sinnadurai; McCarthy Tétrault LLP;
Legal Alert/Article
January 14, 2015, previously published on December 10, 2014
Careful observers may have noticed that the Ontario Court of Appeal has allowed three civil appeals on the basis of reasonable apprehension of bias in the last few months. This presents an opportunity to reflect on what conduct constitutes reasonable apprehension of bias and what it means for an...

 

HTMLThe U.K. Supreme Court Revisits Equitable Compensation in Commercial Transactions
Sam Rogers; McCarthy Tétrault LLP;
Legal Alert/Article
January 14, 2015, previously published on December 2, 2014
Trusts are widely used in commercial transactions. But, as creatures of equity, trusts raise issues that may not be immediately familiar to everyone who relies on them in the commercial world. Indeed, the interrelationship between equitable doctrines and remedies and common law principles and...

 

HTMLCan I Sue the Federal Government? If so, in What Court and Where?
Byron Shaw; McCarthy Tétrault LLP;
Legal Alert/Article
January 13, 2015, previously published on November 28, 2014
The forum in which to litigate is a difficult decision in any case that crosses provincial or national borders. It is even more complicated in claims against the federal government. The Federal Court has exclusive jurisdiction in some cases; in others, the Federal Court and the provincial Superior...

 

HTMLOntario Court of Appeal Clarifies Test To Be Applied At Rule 48.14 Status Hearings
Trevor Courtis, Kosta Kalogiros; McCarthy Tétrault LLP;
Legal Alert/Article
January 13, 2015, previously published on December 15, 2014
In Kara v. Arnold, 2014 ONCA 871e Ontario Court of Appeal seized an opportunity to revisit its recent jurisprudence regarding status hearings and to clarify the interrelation between its recent status hearing decisions (i.e., 1196158 Ontario Inc. and Faris) and the line of jurisprudential authority...

 

HTMLWhat Tangled Webs We Weave: The BCCA Provides Guidance on the Tort of Deceit and Exclusion of Liability Clauses
Ryan MacIsaac; McCarthy Tétrault LLP;
Legal Alert/Article
January 13, 2015, previously published on November 24, 2014
The British Columbia Court of Appeal’s decision in Roy v Kretschmer, 2014 BCCA 429 provides guidance on the element of reliance in the tort of deceit. It also holds that a contractual clause limiting liability is unenforceable even where the breaching party did not commit a criminal act or...

 


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