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HTMLThe SCC Monitor (18/06/2015): A Commentary on Recent Legal Developments by the Canadian Appeals Monitor
Sam Rogers; McCarthy Tetrault LLP;
Legal Alert/Article
June 23, 2015, previously published on June 18, 2015
The Supreme Court of Canada has recently dismissed two leave applications and granted leave in one case that will be of interest to our readers. These cases touch on: case management and civil procedure in class actions (including when parent companies may be joined in an action); the standard of...

 

HTMLCanada Set to Impose 100 Percent Surtax on U.S. Imports
Brenda C. Swick; McCarthy Tetrault LLP;
Legal Alert/Article
June 22, 2015, previously published on May 19, 2015
On May 18, 2015, the World Trade Organization's Appellate Body upheld the finding of an October 14, 2014 compliance panel ruling that the U.S. revised country-of-origin labeling (COOL) rules for importations of meat from Canada and Mexico was inconsistent with Article 2.1 of the Agreement on...

 

HTMLCompetition Bureau Issues Draft Updated IP Enforcement Guidelines Addressing Pharma Patent Litigation Settlements, Standard Setting and Patent Trolls
Jonathan Bitran, Donald B. Houston, Dominic Thérien; McCarthy Tetrault LLP;
Legal Alert/Article
June 19, 2015, previously published on June 16, 2015
Following an initial consultation process concluded last year, the Competition Bureau (Bureau) released draft revised Intellectual Property Enforcement Guidelines (IPEGs) for public consultation on June 9, 2015. These new draft IPEGs will not change the Bureau’s general enforcement policy...

 

HTMLMelting Pot or Mosaic? The Ongoing Culture Shift Since Hryniak
Kelli McAllister; McCarthy Tetrault LLP;
Legal Alert/Article
June 19, 2015, previously published on June 16, 2015
Over the past year, courts across Canada have responded to the Supreme Court of Canada’s clarion call in Hryniak v Mauldin (“Hryniak”) for a culture shift to promote access to justice including through summary judgment.[1] The latest word on this front has come from the Alberta...

 

HTMLThe Supreme Court Rules that the Charter Permits Courts to Award Damages Against the Crown for Wrongful Non-Disclosure Absent Proof of Malice
Renée Zatzman; McCarthy Tetrault LLP;
Legal Alert/Article
June 18, 2015, previously published on June 1, 2015
Does s. 24(1) of the Canadian Charter of Rights and Freedoms authorize a court of competent jurisdiction to award damages against the Crown for prosecutorial misconduct absent proof of malice? The Supreme Court of Canada recently answered yes to this question in Henry v. British Columbia...

 

HTMLJurisdiction in International Commercial Contracts: New Guidance from the B. C. Court of Appeal
Sam Rogers; McCarthy Tetrault LLP;
Legal Alert/Article
June 18, 2015, previously published on June 1, 2015
We live in an increasingly interconnected world with trade liberalization and globalization continuing unabated. These changes present many opportunities for businesses but also raise new challenges for businesses operating across borders.

 

HTMLBank of Canada Announces Updates to Emergency Lending Policies
David P. Badour, Barry J. Ryan; McCarthy Tetrault LLP;
Legal Alert/Article
May 22, 2015, previously published on May 8, 2015
The Bank of Canada (the "Bank") issued on May 5, 2015 "Bank of Canada Emergency Lending Policies", a consultation paper setting forth proposed updates to the Bank's emergency lending policies. The proposed changes consist of the following:

 

HTMLNew Regime in Quebec for Security on Bank Deposits and Other Monetary Claims
Michel Deschamps, Mathieu Dubord, Mary Jeanne Phelan; McCarthy Tetrault LLP;
Legal Alert/Article
May 22, 2015, previously published on May 15, 2015
In our December 3, 2014 legal update, we reported on the tabling of a bill in Quebec to amend the Civil Code of Québec (the “CCQ”) in respect of hypothecs on bank deposits and other monetary claims as well as hypothecs granted in favour of multiple creditors. The bill was...

 

HTMLR. v. Nestle Canada Inc.: Settlement Privilege in Criminal Proceedings
Trevor Courtis, David M. Porter; McCarthy Tetrault LLP;
Legal Alert/Article
May 22, 2015, previously published on May 11, 2015
Canadian courts have long recognized that there is a compelling public interest in promoting an open and productive settlement process, both in civil and criminal proceedings.[1] Plea bargaining in criminal and quasi-criminal prosecutions is essential to the proper operation of the justice system...

 

HTMLPublic Contracts and Bill 26: Recovery of Amounts Improperly Paid and Changes to the AMF Authorization Regime
Pierre-Jérôme Bouchard, Pascale De Meyer, Clemens Mayr, Emmanuelle Poupart, Dominic Thérien; McCarthy Tetrault LLP;
Legal Alert/Article
May 21, 2015, previously published on April 28, 2015
Bill 26, entitled An Act to ensure mainly the recovery of amounts improperly paid as a result of fraud or fraudulent tactics in connection with public contracts[1] (the “Act”) was passed on March 24, 2015 and some provisions came into force on April 1, 2015.

 


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