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|Proposition 65 May Mean More Than Warning Signs and Lawsuits|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
January 26, 2015, previously published on January 20, 2015As this space has discussed, Proposition 65 has been the subject of attempts by the California Legislature to reform the enforcement of the law.
|Crossing the M&A Finish Line when Selling Your Business|
Bryan C. Haynes; Bennett Jones LLP;
January 23, 2015, previously published on January 12, 2015In 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...
|Supreme Court of Canada Grants Civil Plaintiffs Access to Competition Bureau Wiretaps|
Ranjan K. Agarwal, Emrys Davis; Bennett Jones LLP;
January 20, 2015, previously published on October 20, 2014Canadian 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...
|Supreme 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;
January 20, 2015, previously published on August 7, 2014The 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.
|Disputants Await Clarification of Mediation Privilege’s Boundaries|
Gannon G. Beaulne, Julia E. Schatz; Bennett Jones LLP;
January 20, 2015, previously published on November 17, 2014Today, 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...
|Proving an Operator’s Gross Negligence: Is Intention Required?|
Scott H. D. Bower, Russell J. Kruger, Justin R. Lambert, Michael P. Theroux; Bennett Jones LLP;
January 20, 2015, previously published on November 7, 2014Establishing 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].
|BROKEn Promises: 3 Signs your Tenant may be Going Bankrupt|
Gregory A. Liakopoulos, Alexis E. Teasdale; Bennett Jones LLP;
January 20, 2015, previously published on August 19, 2014The 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...
|New LCIA Arbitration Rules Come into Effect Today|
Vasilis F. L. Pappas, George M. Vlavianos; Bennett Jones LLP;
January 20, 2015, previously published on October 1, 2014The 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...
|Ontario Legislature Clarifies Securities Limitation Period|
Jonathan G. Bell, Jeffrey S. Leon; Bennett Jones LLP;
January 20, 2015, previously published on September 5, 2014Less 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...
|B.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;
January 20, 2015, previously published on September 24, 2014In 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...