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HTMLProposition 65 May Mean More Than Warning Signs and Lawsuits
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 26, 2015, previously published on January 20, 2015
As this space has discussed, Proposition 65 has been the subject of attempts by the California Legislature to reform the enforcement of the law.

 

HTMLCrossing the M&A Finish Line when Selling Your Business
Bryan C. Haynes; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on January 12, 2015
In a trending discussion on Linkedin.com from the Business Succession Canada group, R. John Dolbec provides an excellent overview on selling a business and aptly likens the process to running a marathon (Selling Your Business is Like Running a Marathon). He describes the long and arduous process of...

 

HTMLSupreme Court of Canada Grants Civil Plaintiffs Access to Competition Bureau Wiretaps
Ranjan K. Agarwal, Emrys Davis; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on October 20, 2014
Canadian civil plaintiffs can now access wiretaps collected by authorities in the context of criminal investigations. The issue of access arose in the aftermath of the Competition Bureau’s octane investigation. Between 2004 and 2008, the Bureau intercepted and recorded 220,000 private...

 

HTMLSupreme Court Grants Leave to Appeal in Securities Class Actions
Ranjan K. Agarwal, Jonathan G. Bell, Preet K. Bell, Michael A. Eizenga, Jeffrey S. Leon; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on August 7, 2014
The Supreme Court of Canada announced today that it will hear appeals in a trilogy of Ontario securities class action cases: Green v. CIBC, Silver v. IMAX and Celestica v. Millwright Regional Council of Ontario Pension Trust Fund.

 

HTMLDisputants Await Clarification of Mediation Privilege’s Boundaries
Gannon G. Beaulne, Julia E. Schatz; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on November 17, 2014
Today, Canadians are mediating their disputes in record numbers. One partial explanation for this phenomenon is that mediation purports to keep discussions between parties confidential, traditionally backstopped by settlement privilege. But the extent to which parties can pierce this bubble of...

 

HTMLProving an Operator’s Gross Negligence: Is Intention Required?
Scott H. D. Bower, Russell J. Kruger, Justin R. Lambert, Michael P. Theroux; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on November 7, 2014
Establishing an operator’s gross negligence requires “a degree of intentionality”, the Alberta Court of Queen’s Bench recently held in Bernum Petroleum Ltd v Birch Lake Energy Inc, 2014 ABQB 652 [Bernum].

 

HTMLBROKEn Promises: 3 Signs your Tenant may be Going Bankrupt
Gregory A. Liakopoulos, Alexis E. Teasdale; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on August 19, 2014
The bankruptcy of a tenant is disruptive and may be confusing to a landlord; however, arming yourself with knowledge of some warning signs of financial distress and an understanding of your basic rights will, along with your trusted legal advisor, help you be prepared in the unlucky event that your...

 

HTMLNew LCIA Arbitration Rules Come into Effect Today
Vasilis F. L. Pappas, George M. Vlavianos; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on October 1, 2014
The London Court of International Arbitration (LCIA), one of the world’s leading international arbitration institutions, recently adopted a new set of arbitration rules, which will come into force on October 1, 2014. The new rules revise and update the previous version of the LCIA Arbitration...

 

HTMLOntario Legislature Clarifies Securities Limitation Period
Jonathan G. Bell, Jeffrey S. Leon; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on September 5, 2014
Less than one month after the Supreme Court of Canada announced that it will hear appeals in a trilogy of Ontario securities class action cases that address how the three years limitation period under the Ontario Securities Act applicable to secondary market class actions should be applied, the...

 

HTMLB.C. Surface Rights Board Reduces Rent Payable After Landowners Fail to Prove Loss
Laura M. Gill, Shawn M. Munro, Daron K. Naffin, Michael P. Theroux; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on September 24, 2014
In the recent decision of the B.C. Surface Rights Board in Encana Corporation v Perry Burl Piper and Leslie Lancelot Dowd, the Board awarded compensation to landowners less than the amount previously offered by the operator. In doing so, the Board adopted the principles for landowner compensation...

 


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