Published by the Litigation Group
McCarthy Tétrault FRANÇAIS VOL.4,
ISSUE 2
2011
January
12
Litigation Co-Counsel


Letter from the Editor

Welcome to Volume 4, Issue 2 of McCarthy Tétrault Co-Counsel: Litigation.

Bringing together legal developments with value-added context gives our lawyers the opportunity, in this publication, to share important analysis with you.

In this issue, you will get more than a bird’s-eye "tweet" or a foggy "blog" on significant cases that have impact both nationally and internationally.

Our authors go global and ask Canadian counsel (both in-house and external) to take careful note of a European Court of Justice ruling that found that no privilege attaches to communications with in-house counsel in European Commission’s competition investigations.

We also look at the complex intersection of corporate law and securities law with the decision in Icahn Partners and Lions Gate Entertainment.

This issue also includes a substantial conflict of laws perspective on the test for jurisdiction simpliciter in the long-awaited Ontario Court of Appeal reasons in Van Breda v. Village Resorts Limited.

We also take a closer look at Canada’s experience with "overtime" class actions in McCracken v. Canadian National Railway Co.

We ask some of the difficult questions facing clients and we look to decided cases for helpful answers. Banks are often convenient deep pockets to sue when someone suffers a loss but cannot recover it from the perpetrator who has caused the loss. Here, we review a very important decision that should serve as a deterrent to plaintiffs seeking recovery from the banks.

You will find that an arbitrator has jurisdiction to oversee the termination of any employee credited with at least two years of uninterrupted service under certain conditions.

At the same time, you will receive a detailed briefing on one of the few reported cases dealing with exclusive jurisdiction of the CRTC. MTS Allstream Inc. v. TELUS Communications Company is the first case in which the general principles of exclusive jurisdiction were applied to the interpretation of a CRTC decision.

In Western Canada, we look at the new Alberta Rules of Court as a dramatic change to the procedural landscape of litigation in that province.

And, we have other jurisdictional case commentary from our Québec region with relevance to class action proceedings.

We conclude, as we do in all issues, with reflections from "the Bard of Litigation Co-Counsel," the Honourable James M. Farley QC, and his Shakespearian ode to good faith in "execution" of agreements. What’s in a word? Everything.

Please enjoy the nuance and scope of this publication, a depth of analysis in law firm publications second to none.

If you have any questions, please contact Geoff R. Hall (Editor-in-Chief) or Martin Halpern (Knowledge Management Lawyer).