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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...

 

HTMLDirectors Need to Meet High Standard to Avoid Liability
Alison J. Gray; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on December 16, 2014
The Tax Court of Canada again confirmed that directors of corporations will have a high burden to meet to establish a due diligence defence and avoid liability for unremitted source deductions.

 

HTMLRescission: Another Remedy to Address Unintended Tax Consequences
Alison J. Gray; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on January 6, 2015
While the equitable remedy of rectification is often sought as a means to address unintended tax consequences, rescission is also an available remedy in the appropriate cases. The British Columbia Supreme Court’s decision in Re 0741508 BC Ltd and 0768723 BC Ltd, 2014 BCSC 1791, is an example...

 

HTMLNew Disability Regulations Withstand Continued Challenge
Laura A. Mitchell; Jackson Lewis P.C.;
Legal Alert/Article
January 23, 2015, previously published on December 15, 2014
As a follow up to a story from earlier this year, the D.C. Circuit court has rejected the Associated Builders and Contractors, Inc. (ABCs) challenge of the requirements under the revised regulations implementing Section 503 of the Rehabilitation Act.

 

HTMLR v. McNab, 2014 SKPC 180, Provincial Court of Saskatchewan (Plemel P.C.J.)
Scott Kerwin; Borden Ladner Gervais LLP;
Legal Alert/Article
January 23, 2015, previously published on October 28, 2014
The Provincial Court of Saskatchewan held that a road located on the Gordon First Nation reserve fell within the meaning of “street, road, highway or other public place” in section 259 of the Criminal Code. The accused was found guilty of driving while disqualified.

 

HTMLFee-Fi-Fo-Fum: Compensation for Fee Defense
G. Ray Warner; Greenberg Traurig, LLP;
Legal Alert/Article
January 23, 2015, previously published on October 20, 2014
It’s always risky when the Supreme Court grants certiorari in a bankruptcy case. While the Court’s opinion may bring clarity to the narrow question upon which certiorari was granted, it often creates a host of unintended problems in other areas.

 

HTMLSupreme Court to Clarify the Liability of Canadian Corporations for Acts of their Foreign Affiliates
Alison J. Gray, Justin R. Lambert, David J. Wahl; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on December 11, 2014
The Supreme Court of Canada today heard argument in a case that will clarify whether a judgment obtained in a foreign country against a foreign corporate entity can be enforced in Canada against a Canadian affiliate of that foreign entity, even when the Canadian affiliate was not party to the...

 

HTMLCompetition Act Tort Claims Still Viable: Fairhurst v Anglo American PLC
William A. Bortolin, Emrys Davis; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on December 5, 2014
Can indirect purchasers claim damages in tort for breaches of the Competition Act? This was one of the issues before the British Columbia Supreme Court in Fairhurst v Anglo American PLC, 2014 BCSC 2270. Madam Justice Brown considered the law on this issue to be contradictory, and held that the...

 

HTMLNinth Circuit Clarifies Scope of Mass Action Federal Jurisdiction and Removal
Karin Bohmholdt, Benjamin S. Kurtz, Ginger Pigott; Greenberg Traurig, LLP;
Legal Alert/Article
January 23, 2015, previously published on November 26, 2014
In Corber v. Xanodyne Pharm., Inc., and Romo v. Teva Pharmaceuticals USA, Inc., &under;&under; F.3d &under;&under; (Case No. 13-56306 and 13-56310), 2014 WL 6436154 (9th Cir. Nov. 18, 2014), the Ninth Circuit, sitting en banc, held that a petition to coordinate multiple actions under California...

 

HTMLJ. Yuen, in the Capacity as a Dispute Resolution Officer under the Manufactured Home Park Tenancy Act v. Sechelt Indian Band, SCC (Abella, Rothstein and Moldaver JJ.)
Scott Kerwin; Borden Ladner Gervais LLP;
Legal Alert/Article
January 23, 2015, previously published on October 23, 2014
The case concerns whether a British Columbia statute, the Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77, can apply to tenancies concerning mobile homes situate in lands covered by the Sechelt Indian Band Self-Government Act, S.C. 1986, c. 27 and owned by the Band. In October 2010, tenants...

 


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