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HTMLOSFI Issues Final CDOR Guideline
Ana Badour, Gordon D. Baird, Barry J. Ryan; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 18, 2014
On September 12, 2014, the Office of the Superintendent of Financial Institutions (OSFI) issued the final version of Guideline E-20 - CDOR Benchmark-Setting Submissions with respect to the submission process for the Canadian Dollar Offered Rate (formerly the Canadian Dealer Offered Rate) (CDOR)...

 

HTMLShareholder Activism Goes Mainstream - After The Pershing Square Holdings IPO, Shareholder Activism Should Be On Every Corporation’s Radar
Matthew E. Lawson, Clarke Ries; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 25, 2014
Shareholder activists are increasingly influential in Canada’s M&A landscape, but expect that trend to intensify with a proposal to list Pershing Square Holdings on the Euronext Amsterdam stock exchange. The listing is expected to complete Bill Ackman’s capitalization of the new $5...

 

HTMLBritish Columbia Supreme Court Breaks New Ground on Contaminated Sites
Paul R. Cassidy, Nicholas Hughes, Selina Lee-Andersen, Monika A. Sawicka; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 17, 2014
On August 25, 2014, the British Columbia Supreme Court (BCSC) issued reasons in J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc., 2014 BCSC 1619. The case involved an action by J.I. Properties Inc. (JIP), a current owner of a contaminated site, to recover approximately $5.3 million in...

 

HTMLAlberta’s New Pension Legislation: Noteworthy Changes
Lorraine Allard; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 23, 2014
Alberta’s new Employment Pension Plans Act (EPPA) and Employment Pension Plans Regulation (EPPR) came into force on September 1, 2014. This new Alberta legislation, which responds to the 2008 Joint Expert Panel on Pension Standards Report, constitutes a substantial revision of pension...

 

HTMLDie Another Day: SCC Adjourns Appeal of National Class Actions Decision Sine Die
Katherine A. Booth; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 15, 2014
Followers of Canadian class actions law will have longer to wait for a decision in the much anticipated appeal from the Manitoba Court of Appeal’s decision in Meeking v. Cash Store Inc. et al., 2013 MBCA 81. The appeal, which was scheduled to be heard on January 12, 2015 and expected to bring...

 

HTMLMARCOTTE - The Banks and Provincial Laws
James H. Archer, Ana Badour, Robert P. Metcalfe; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 23, 2014
On September 19, 2014, the Supreme Court of Canada delivered decisions in three related appeals from the Québec Court of Appeal that have come to be known collectively as ”Marcotte.” These class actions arose out of a very narrow issue concerning the requirements under the...

 

HTMLBitcoin Accepted Here? Funding M&A Transactions by Way of Bitcoin
Ana Badour; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 15, 2014
There is no denying the increasing popularity and notoriety of the virtual currency Bitcoin. Bitcoin market capitalization currently stands in the billions of dollars, with over 13 million Bitcoins having been mined and made available for circulation. An increasing number of merchants, including...

 

HTMLWaiving “formalities” in a Procurement Process: What Owners and Bidders Need to Know
Julie K. Parla; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 23, 2014
It is not unusual for tender documents to reserve discretion to an owner to “waive formalities” in accepting a bid. Such discretion needs to be interpreted in the context of the requirement that an owner may in no circumstances accept a “non-compliant bid”. But, without...

 

HTMLGranting Trademark Protection to the Design and Layout of Retail Stores
Cristel Chabot-Lapointe; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 18, 2014
On July 10, 2014 the Court of Justice of the European Union (the “CJEU”) issued its decision in Apple Inc. v. Deutsches Patent und Markenamt and recognized the possibility to register a three-dimensional representation of the design and layout of a retail store as a Community Trade Mark.

 

HTMLOntario Court Certifies Franchise Encroachment Claim as Class Action
Sarit E. Batner, Helen Fotinos, Adam Ship, Thomas N.T. Sutton, Tyler Wentzell; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 15, 2014
The Ontario Superior Court of Justice recently certified a class action by dealers of a home furnishings company in 1291079 Ontario Limited v. Sears Canada Inc.

 


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