The Extra-Territorial Effect of Orders in the Public Interest
Before entering into a settlement agreement with your provincial Securities Commission, it is important to consider how such consent orders will be viewed and applied in other provinces. In September, 2008 Patricia McLean entered into a settlement agreement with the Ontario Securities Commission; less than two years later, she was before the British Columbia Court of Appeal asking that they overturn a similar order made by the BC Securities Commission.[1] Section 161 of the British Columbia Securities Act grants power to the commission or the executive director to make an order in the public interest if the person, elsewhere in ... [more]
Class action waiver upheld in competition case
Indirect Purchaser Cases to be Heard by Supreme Court
International arbitrations get deference on merits but not jurisdiction
The Ontario Court of Appeal shed new light on the standard of review for international arbitrations in United Mexican States v. Cargill, Inc. Courts must review an arbitral tribunal’s assumption of jurisdiction on a correctness standard. But the merits of the tribunal’s decision attract the utmost deference. The Court found that the NAFTA Chapter 11 Arbitral Tribunal under review correctly assumed its jurisdiction, upholding the Tribunal’s $77.3 million award against Mexico. [more]
Joint Venture Decision Criminal, Alberta Court Says
An Alberta court has held that a decision by joint operators of an oil field to sole source a contract constituted a conspiracy contrary to section 45 of the Competition Act, a criminal offence, and awarded damages to the company that lost out on the business. [more]
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