Last blog added on Monday, May 14th, 2012

Information About Canadian Appeals Monitor

Canadian Appeals Monitor is published by McCarthy Tétrault LLP.

Recent Posts

Below is a preview of the five most recent posts from the blog Canadian Appeals Monitor. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

Providing Debt Financing Does Not Necessarily Equal Control: “Canadian-Controlled” under s.16(3)(c) of the Telecommunications Act Clarified
May 15th, 2012

Subsections 16(1) and 16(3) of the Telecommunications Act currently require most telecommunications common carriers operating in Canada to be Canadian-owned and controlled. While the interpretation of Canadian-owned is fairly uncontroversial, there has been much debate about the meaning of Canadian-... Read more »

Dunsmuir and the Demise of Deference – or – why Ministers just can’t get no respect
May 4th, 2012

Background In a judgment illustrating how the Dunsmuir analysis is to be applied to ministerial decisions, Mainville J.A. for the unanimous Federal Court of Appeal (the “FCA”) ruled that a Minister is not entitled to the same level of deference as an administrative tribunal when interpreting the... Read more »

U.S. Supreme Court Refuses to Adopt a Bright-Line Rule on Limitation Periods for Corporate Insider Profit Claims
May 3rd, 2012

There is little law in Canada regarding if and how limitation periods applicable to statutory causes of actions in securities legislation can be tolled. For many public companies, this can create uncertainty regarding whether investor lawsuits are statute-barred. For example, the limitation period i... Read more »

Order in the Court? The Van Breda Trilogy – Part II – A New Test for Jurisdiction Simpliciter
April 26th, 2012

The Supreme Court of Canada’s Van Breda Trilogy – and its judgment in Van Breda in particular – endorses a new approach to jurisdiction simpliciter focused on categories of prima facie jurisdiction. Building on the Ontario Court of Appeal’s judgment, which revised the old Muscutt test, the C... Read more »

How Clear Must the Legislature Be to Set Aside a Final Judgment?
April 25th, 2012

The Supreme Court of Canada (Deschamps, Abella, Cromwell JJ.) has granted leave in a pension litigation case, in which the Court could potentially revisit the principles underlying democratic dialogue. This case may offer the Supreme Court the opportunity to provide an updated statement on the doctr... Read more »

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