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The secret corporate source: protected or not?
- Fasken Martineau DuMoulin LLP
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- Canada
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- May 8 2013
The Ontario Court of Appeal has allowed the identity of a media source within a corporation to remain secret in a related civil action. The Court has
Court of Appeal of Québec lays down criteria that apply in cases of inducement to breach contractual obligations
- Fasken Martineau DuMoulin LLP
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- Canada
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- April 19 2013
On March 13, 2013, the Court of Appeal of Québec rendered a decision clarifying the state of the law regarding the extra-contractual liability
LLP members denied whistleblower protection
- Fasken Martineau DuMoulin LLP
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- Canada
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- November 2 2012
When a worker makes a protected disclosure or “blows the whistle” the Employment Rights Act (ERA) protects that worker from being dismissed or subject to any detriment as a result of having made a protected disclosure
BC Supreme Court rules “empty voting” must be dealt with through regulatory or legislative change
- Fasken Martineau DuMoulin LLP
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- Canada
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- October 25 2012
On October 12, 2012, the British Columbia Court of Appeal overturned the lower court decision which held that a requisition for a general meeting of shareholders of TELUS Corporation (TELUS) made by Mason Capital Management LLC (Mason), through CDS & Co. (CDS), was invalid because it did not comply with the requirements of the Business Corporations Act (British Columbia) (BCBCA) and because the proposed resolutions did not conform with TELUS’s articles
Court appoints independent chair for contested shareholder meeting
- Fasken Martineau DuMoulin LLP
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- Canada
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- October 4 2012
On September 20, 2012, the British Columbia Supreme Court granted a shareholder’s request to appoint an independent chair in connection with Western Wind’s annual meeting of shareholders
Non-renewal of fixed-term contracts: the Court of Appeal sets the record straight
- Fasken Martineau DuMoulin LLP
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- Canada
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- October 2 2012
On September 19, 2012, the Court of Appeal of Quebec ruled on the case pitting Bombardier Produits Récréatifs inc. ("BRP") against its former dealer, Christian Moto Sport inc. ("CMS"
Commercial agents cannot benefit from the notice period provided under Article l.442-6 i 5 of the French Commercial Code relating to termination of established commercial relationships
- Fasken Martineau DuMoulin LLP
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- France
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- May 9 2012
Under Article L.442-6 I 5 of the French Commercial Code, which is one of the competition restrictive practices listed in Chapter II of the Commercial Code, it is prohibited to abruptly terminate established commercial relationships, that is to say without providing the other party with a reasonable notice period that shall be computed on the overall duration of the commercial relationship at stake
Prohibition of sudden termination of long-standing commercial relationships and the French Constitution
- Fasken Martineau DuMoulin LLP
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- France
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- April 29 2011
Under Article L.442-6 I 5 of the French Commercial Code, it is prohibited to abruptly terminate long-standing commercial relationships, that is to say without providing the other party with a reasonable notice period that shall be computed on the basis of the overall duration of the commercial relationship at stake
Independent contractors considered workers for health and safety purposes
- Fasken Martineau DuMoulin LLP
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- Canada
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- February 23 2011
For years, employers across the country have struggled with the difference between independent contractors and employees
Privilege, in-house counsel and the multi-jurisdictional practice of competition law: why your internal communications may be at risk
- Fasken Martineau DuMoulin LLP
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- European Union
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- October 22 2010
The European Court of Justice (the "ECJ") recently released a landmark decision, Akzo, confirming that communications between in-house counsel and their internal clients are not protected under European competition law by legal professional privilege, otherwise known in Canada as solicitor-client privilege
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