McCarthy T�trault

Presentation :: Managing the Difficult Witness

Presentation :: Technology Tips for Your Civil Litigation Practice

Article :: Courts in B.C. and Ontario Stop Exploration on Mining Projects for Failure to Consult

On December 2, 2011, the B.C. Supreme Court, in Taseko Mines Limited v. Phillips granted the Tsilhqot’in First Nation’s application for an injunction to restrain Taseko Mines Limited from continuing exploratory work under two permits while the Tsilhqot’in pursued judicial review of B.C.’s decision to grant the permits. On January 3, 2012, the Ontario Superior Court of Justice, in Wahgoshig First Nation v. Ontario and Solid Gold Resources Corp. came to the same result and granted the Wahgoshig First Nation (Wahgoshig) an injunction to stop Solid Gold Corp.’s exploratory work while the Wahgoshig claimed that the Crown’s duty to consult had not been met. In both cases, the courts relieved the Aboriginal applicants from providing an undertaking for damages. Both courts took similar approaches to weighing potential harm when balancing commercial and Aboriginal interests and took similar positions on how the conduct of commercial enterprises can affect the requirement of First Nations to provide an undertaking in damages.

News :: Recours singulier et collectif: Class Actions in Québec

Montréal, February 2, 2012 — McCarthy Tétrault is pleased to announce the publication of Recours singulier et collectif, authored by Shaun Finn, a lawyer in the firm's Litigation Group. One of the first works to examine class actions specifically through the lens of the Québec legal system, the book redefines the class action as a unique process, and provides an in-depth exploration of the finer points of such proceedings.

Article :: Recent snIP/ITs Blog Posts

This blog houses our commentary on the impact of developing Internet, information technology and intellectual property laws, discusses recent technology news and relates insights derived from our experiences in the technology sector. The blog also shares best practices generated by our decrypted, user-friendly and accessible technology and IP team.

Article :: Recent Canadian Appeals Monitor Blog Posts

This blog voices our perspectives on upcoming and decided appeals of interest to Canadian businesses and professions. It also comments on the impact of legal changes that may affect appellate procedure, and relates insights and best practices derived from our experiences handling complex appeals.

Presentation :: The New ITAR Foreign, Dual and Third Country National Rule and Canada's Enhanced Security Strategy: U.S. and Canadian Government Expectations for Complying With Screening Requirements

News :: Michael Ford is Appointed Queen's Counsel

Calgary, January 30, 2012 — McCarthy Tétrault is pleased to congratulate partner Michael D.A. Ford, Q.C. on his appointment as Queen’s Counsel by the Government of Alberta’s Lieutenant Governor in Council. Announced on December 30, 2011, the appointment recognizes Mr. Ford’s outstanding contributions to the legal profession and his community.

Presentation :: How Would You Handle This Scenario?

News :: McCarthy Tétrault Tops 2011 Year-End Corporate Finance League Tables

January 26, 2012 — McCarthy Tétrault topped the Financial Post’s 2011 year-end corporate finance legal advisory rankings. The firm’s strong showing in both the debt and equity categories is a testament to its leadership in capital markets.

Article :: New 2012 Investment Canada Act Review Threshold

Industry Canada has announced that the Investment Canada Act (Act) threshold for 2012 that applies to most direct acquisitions of Canadian businesses by non-Canadian investors from World Trade Organization member countries is $330 million (an increase from last year’s $312 million threshold). The threshold applies to the gross book value of the target’s assets. Note that under the Act, a non-Canadian includes a Canadian-incorporated entity that is ultimately controlled outside of Canada.

Article :: U.S. Steel and Canadian Government Reach Settlement in Investment Canada Act Enforcement Proceedings

Last month the Canadian Minister of Industry, the Honourable Christian Paradis, announced that "U.S. Steel has given significant new and enhanced undertakings under the Investment Canada Act that provide the basis for the government to settle its lawsuit against U.S. Steel." Minister Paradis has accepted U.S. Steel’s new commitments (many of which run to 2015) and requested that that the Attorney General of Canada discontinue the court action against U.S. Steel.

News :: McCarthy Tétrault Welcomes 21 New Income and Equity Partners

Toronto, January 26, 2012 — Marc-André Blanchard, McCarthy Tétrault’s Chair and CEO, is delighted to announce that 21 of the firm's lawyers have been admitted to income or equity partnership. These lawyers have provided outstanding services to the firm’s clients across all industries and representing each of the firm’s practices.

News :: Two McCarthy Tétrault Project Financings Receive Americas Deal of the Year Awards from Project Finance International

Montréal, January 26, 2012 — McCarthy Tétrault is honoured to have acted as legal advisor on two major project financings that received "Americas Deal of the Year" awards at the 2011 Project Finance International (PFI) Awards that took place last night in London, UK.

Presentation :: Don't Let a Good Contract Go to Waste

Presentation :: Alberta Law Conference 2012 – Real Estate Program

Article :: Ontario Court of Appeal Recognizes a Cause of Action for Invasion of Privacy: Jones v. Tsige

We presented this case at our Privacy Law Update last fall. The Ontario Court of Appeal reversed the trial court last week and we wanted to draw this important case to your attention. Jones v. Tsige was an appeal from a decision granting summary judgment and dismissing a claim for damages. The motion judge had held that Ontario does not recognize a cause of action for invasion of privacy.

Article :: Recent Changes to Prepayment Rights Under the Interest Act (Canada)

The Government of Canada recently enacted new regulations under the Interest Act (Canada) (Act) which have the effect of expanding the class of "prescribed entities" for the purposes of section 10(2)(b) of the Act. These new regulations, which will significantly clarify the practice of commercial mortgage lending throughout Canada, apply to mortgages and hypothecs granted on or after January 1, 2012.

Presentation :: Les sûretés sur les valeurs mobilières : les questions d'actualité

Presentation :: Derivatives Documentation Masterclass

Transaction/Case :: SSQ Life Insurance Company Inc. acquires AXA Life Insurance Inc.

Transaction/Case :: Enbridge Inc. purchases from EDF EN Canada Inc. a 50% undivided interest in the 300 MW Lac Alfred wind project

Transaction/Case :: Calloway REIT Completes $100 Million Equity Offering

Transaction/Case :: Uranium One Completes US$463.5 Million Bond Offering in Russia

Transaction/Case :: Manulife Financial Corporation Issues $200 Million of Preferred Shares