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Chrysler Canada Inc v Canada: taxpayers entitled to seek judicial review of ministerial decisions under the Canada-United States Tax Convention (1980)
- McCarthy Tétrault LLP
- -
- Canada
- -
- March 25 2009
The Federal Court recently released an important ruling that paves the way for taxpayers to seek judicial reviews of decisions by the Minister of National Revenue to issue reassessments under the intersection between the Canada-United States Tax Convention (1980) and the Income Tax Act
A real and substantial "tune-up": the Ontario Court of Appeal reformulates the test for asserting jurisdiction against out-of-province defendants
- McCarthy Tétrault LLP
- -
- Canada
- -
- January 12 2011
On February 2, 2010, a five-member panel of the Ontario Court of Appeal released its long-awaited reasons in Van Breda v. Village Resorts Limited (2010), 98 O.R. (3d) 721 (CA) (sub nom. Charron Estate v. Bel Air Travel Group Ltd.), leave to appeal to SCC granted, 2010 SCCA. Nos. 114 and 174
Galambos v. Perez: the Supreme Court of Canada clarifies the law of fiduciary relationships
- McCarthy Tétrault LLP
- -
- Canada
- -
- March 26 2010
A recent decision from the Supreme Court of Canada significantly clarifies the law of “ad hoc” fiduciary relationships Galambos v. Perez, 2009 SCC 48
Widening the net of federal government liability: Canada (A.G.) v. Telezone Inc.
- McCarthy Tétrault LLP
- -
- Canada
- -
- May 20 2011
Must a litigant who wishes to bring a civil damages claim arising from the unlawful decision of a "federal board, commission or other tribunal" (FBCT) under the Federal Courts Act (Canada) first bring an application for judicial review of the decision in the Federal Court?
B.C. Court of Appeal considers extraterritorial reach of Securities Act
- McCarthy Tétrault LLP
- -
- Canada
- -
- November 18 2011
In an interesting new judgment - Torudag - the British Columbia Court of Appeal has held that the B.C. Securities Commission may assert regulatory jurisdiction over residents of other provinces, who engage in insider trading through a stock exchange in Ontario
OCA to address secondary market claims against foreign-listed issuers
- McCarthy Tétrault LLP
- -
- Canada
- -
- January 20 2012
The Ontario Court of Appeal recently announced that it will hear arguments in Abdula v. Canadian Solar
Set the controls for the heart of the sun: ONCA allows Securities Act claims against foreign-listed issuers in Canadian Solar
- McCarthy Tétrault LLP
- -
- Canada
- -
- April 10 2012
In a recent judgment that is sure to become a landmark in the growing field of Canadian securities class actions, the Ontario Court of Appeal has confirmed that the statutory cause of action for secondary market misrepresentations can be asserted against issuers whose shares are listed solely on a foreign exchange
SCC to consider rectification of contracts
- McCarthy Tétrault LLP
- -
- Canada
- -
- October 26 2011
The Supreme Court of Canada has granted leave to appeal in a case involving the rectification of contracts
FCA narrows the limitation period defence in civil Competition Act claims
- McCarthy Tétrault LLP
- -
- Canada
- -
- March 7 2012
The Federal Court of Appeal has ruled that the “ongoing effects” of a conspiracy do not extend the applicable limitation period for the purposes of a civil action brought under section 36(1) of the Competition Act for a criminal conspiracy contrary to section 45(1
Saskatchewan Court of Appeal rejects Ragoonanan principle
- McCarthy Tétrault LLP
- -
- Canada
- -
- November 1 2011
In a recent decision with potentially far-reaching consequences Red Seal the Saskatchewan Court of Appeal has rejected the so-called “Ragoonanan” principle applicable to class actions
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