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HTMLCourt Considers Unreasonably Withholding Consent under CAPL Operating Procedure in Precedent-Setting Decision
Laura M. Gill, Grant N. Stapon; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on December 15, 2014
In IFP Technologies (Canada) v Encana Midstream and Marketing, 2014 ABQB 470, the Court clarified for the first time the circumstances in which a party that waives its right of first refusal under Article 24 of the 1990 CAPL Operating Procedure may withhold its consent to a disposition of the...

 

HTMLLaw Society Practice Note on Gifts to Will Drafters and Conflicts of Interest
Withers Bergman LLP;
Legal Alert/Article
January 22, 2015, previously published on January 6, 2015
The Law Society issued a new practice note entitled 'Preparing a will when your client is leaving a gift for you, your family or colleagues' in October 2014. Occasionally charities do have to consider the appropriate response where they are residuary beneficiaries but the drafter of the will takes...

 

HTMLSupreme Court Decision in Keewatin Confirms Provincial Ability to Take up Treaty Lands
Wally Braul, Radha D. Curpen, Jessica E. Mathewson, E. Bruce Mellett, Brian Monaco; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on July 11, 2014
On July 11, 2014, the Supreme Court of Canada delivered its decision in Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, also known as Keewatin. The decision affirms the Court’s approach in Tsilhqot’in Nation v British Columbia, 2014 SCC 44: provinces are able to...

 

HTMLB.C. College of Optics Inc. v. The College of Opticians of B.C., 2014 BCSC 1853
Gregory Sim; Field Law;
Legal Alert/Article
January 19, 2015, previously published on November 21, 2014
The B.C. College of Optics (the “School”) is a private school for Opticians. The School applied to the provincial regulator, the College of Opticians of B.C., (the “College”) seeking recognition of the School’s academic program. Graduates of recognized academic...

 

HTMLSupreme Court Decision on Aboriginal Title Raises Questions for Resource Development
Wally Braul, Radha D. Curpen, Jessica E. Mathewson, E. Bruce Mellett, Brian Monaco; Bennett Jones LLP;
Legal Alert/Article
January 19, 2015, previously published on June 26, 2014
On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot’in Nation v British Columbia, 2014 SCC 44 (also known as the William decision). It is a long anticipated decision on two significant issues affecting Aboriginal title and provincial jurisdiction over...

 

HTMLRecent Cases Provide Guidance on Motions to Dismiss
Michael R. Lied; Howard Howard P.C.;
Legal Alert/Article
January 14, 2015, previously published on November 25, 2014
When this happened, the Secretary for the Department of Health and Human Services thereafter ceased automatically processing his claims for Medicare reimbursement.

 

HTMLIs an Alford Plea in a Criminal Case Admissible in a Subsequent Civil Case?
Matthew T. Jones; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 12, 2015, previously published on January 2014
Incidents that involve an alleged criminal act often times give rise to a subsequent civil lawsuit brought by the victim. However, because criminal statutes of limitations are generally shorter than civil statutes of limitations and criminal defendants have a Constitutional right to expedited jury...

 

HTMLOntario Superior Court Offers Guidance on Applying Hryniak to Abbreviate Actions
David I.W. Hamer, Katie Szilagyi; McCarthy Tétrault LLP;
Legal Alert/Article
December 23, 2014, previously published on December 9, 2014
In Baghbanbashi v Hassle Free Clinic, the Ontario Superior Court of Justice forcefully adopted the Supreme Court of Canada’s new credo for summary judgment articulated in Hyrniak v Maudlin.

 

HTMLIt Is Now a Crime to Help a Public Official Make a Contract that Holds Personal Financial Interest
Gary William Schons; Best Best & Krieger LLP;
Legal Alert/Article
December 22, 2014, previously published on November 20, 2014
An amendment to Government Code section 1090 now makes it a felony for any person to aid and abet a government official in violating the conflict of interest provisions of the Code. This amendment, made possible with the passage of SB 952, advances the ability of prosecutors to charge all persons,...

 

HTMLWhen and How to Report Ethics Violations
Paul S. Devine, Seth L. Laver, Jessica L. Wuebker; Goldberg Segalla LLP;
Legal Alert/Article
November 27, 2014, previously published on November 19, 2014
The legal profession is somewhat unique in that it permits self-policing. An attorney has an obligation to report misconduct; however, a threat to report misconduct may itself run afoul of the ethical rules. At issue are at least two competing rules of professional conduct. We all want to make sure...

 


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