Published by the Litigation Group
Litigation Co-Counsel
McCarthy Tétrault 2008

McCarthy Tétrault Co-Counsel: Litigation
(Volume 2, Issue 1)

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Welcome to Volume 2, Issue 1 of McCarthy Tétrault's Co-Counsel: Litigation. This publication has been created to give our clients a picture of developments in litigation and, most importantly, the implications for their organizations.

Throughout we’ve highlighted cases that we believe will be of interest to our clients, and we share our insight into the issues and trends we’ve spotted. This edition includes articles in the areas of class actions, privilege, negligence law, competition law and contract law.

All the authors listed in the publication, as well as all their colleagues at McCarthy Tétrault, are happy to answer your questions and discuss the issues raised in the articles.


Métis Rights


Smart Systems 2008

Administrative Law

Dunsmuir : The Shift from Three Standards of Review to Two, Towards One

Bankruptcy and Insolvency

Do You Have to Sell to an Insolvent Purchaser?

Class Actions

Cassano v. TD — Confirming a Paradigm Shift towards Certification of Class Actions

Happier Motoring for Class Action Defendants? Harmegnies v. Toyota and the


Taming the Beast of Electronic Discovery with Sedona Canada Principles

Environmental Law

The Court of Appeal Uses the Right to a Healthful Environment in Interpreting a Contract

Insurance Law

Reporting Claims and Circumstances in Claims-Made Policies

Shareholders Remedies

No Bright-Line Distinction between Derivative and Oppression Claims


Distinguishing between a Tax and a Regulatory Charge and the Return of Improperly

Farley's Reflections

The Civil Sheriff Comes Knocking on the Door — Anton Piller Orders


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