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SCC Allows Indirect Purchaser Class Actions to Proceed

October 31, 2013

  On October 31, 2013, the Supreme Court of Canada (SCC) released its decisions allowing the appeal from the British Columbia Court of Appeal (BCCA) in Pro-Sys Consultants Ltd. v. Microsoft Corporation (Pro-Sys) and dismissing the appeal from the BCCA in Sun-Rype Products Ltd. v. Archer Daniels Midland Company (Sun-Rype) and the appeal from the Quebec Court of Appeal (QCA) in Infineon Technologies AG v….

Regulators Consult on Concerns about Canada’s Proxy Voting Infrastructure

August 23, 2013

  Highlights CSA question whether accurate vote reconciliation occurring within the proxy voting infrastructure Should an end-to-end vote confirmation system be implemented? CSA remind registered firms they are accountable for functions outsourced to service providers   The Canadian Securities Administrators (CSA) have published Consultation Paper 54-401 – Review of the Proxy Voting Infrastructure for a 90-day comment period. The Consultation…

Canada’s First Foreign Bribery Trial Results in First Conviction of an Individual

August 19, 2013

IntroductionOn August 15, 2013, the Ontario Superior Court of Justice convicted Nazir Karigar of offering bribes contrary to section 3(1)(b) of the Corruption of Foreign Public Officials Act (CFPOA). This is the first trial decision of a charge under the CFPOA, and the first conviction against an individual. In the course of convicting Mr. Karigar, the Court affirmed a number of interesting and potentially important…

Foreign Investment in Canada: Lessons from the U.S. Steel Case

December 15, 2011

​Foreign investors often have to give undertakings or binding commitments to the Canadian federal government when they acquire a Canadian business in order to secure regulatory approval under the Investment Canada Act (ICA). These undertakings can include maintaining employment and production levels and commitments to future capital expenditures, among other assurances. A recently concluded case, United States Steel Corporation v….

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