Searching Content indexed under Sovereign Immunity: Public Sector Government by McCarthy Tétrault LLP ordered by Published Date Descending.
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In The Crosshairs: Federal Government Finds Itself At The Centre Of Rights-Based Climate Litigation In Environnement Jeunesse v. Attorney General Of Canada
In 2015, the case of Urgenda Foundation v. The State of the Netherlands (Urgenda) broke new ground as the first successful climate change action founded in tort law and the first time a court has determined the ...
25 Jan 2019
The (Carbon) Price Is Right: Canadian Chamber Of Commerce Releases Report Backing Revenue Neutral Carbon Pricing In Conjunction With Reduced Regulatory Burdens On Canadia
As the rhetoric on carbon pricing between the federal government and certain provinces ramps up, the Canadian Chamber of Commerce (the Chamber) ...
9 Jan 2019
Ontario Announces That It Will Be "Making Ontario Open For Business" By Repealing Bill 148
Today the Government of Ontario announced that it will introduce sweeping "Open for Business" legislation ...
25 Oct 2018
Watch Your Choice Of Law Clause: The World Bank Annuls A $1.4 Billion Damages Award
In Venezuela Holdings et al v Bolivarian Republic of Venezuela an ad hoc Committee for the World Bank's International Centre for Settlement of Investment Disputes nullified part of an arbitration award . . .
23 Mar 2017
No Duty To Consult In The Legislative Process – Courtoreille v. Canada, 2016 FCA 311
The Federal Court of Appeal recently released a significant decision that limits the scope of Crown conduct that may trigger itsduty to consult with Aboriginal peoples and reinforces parliamentary privilege.
12 Jan 2017
Suing The Provincial Crown In The Federal Court: The Federal Court Of Appeal Upholds Attornment Clause In First Nations Settlement Agreement Against Saskatchewan
Both the Framework Agreement and the PFN Settlement Agreement provide that disputes arising under them shall be within the exclusive jurisdiction of the Federal Court.
8 Jun 2016
Sistem Mühendislik İnşaat Sanayi Ve Ticaret Anomic Sirketi v. Kyrgyz Republic, 2015 ONCA 447
In this case, the Ontario Court of Appeal discussed what constitutes proper service of a foreign state under the federal State Immunity Act (Act).
30 Mar 2016
Island Timberlands LP v. The Minister Of Foreign Affairs: Federal Government Forced To Explain Its Policy Rationale
Due process and the duty of fairness require the federal government to articulate the rationale behind policies and provide those affected with an opportunity to be heard in advocating for change to such policies.
25 Nov 2009
Feds Near Ratification Of ICSID — Important Tool For Canadian Investors Abroad
The federal government is near to completing its share of the legislative role in ratifying a very important tool for the resolution of investor-state disputes.
8 Apr 2008
WTO To Rule On U.S. Farm Subsidies And Canadian Tax Relief On Beer And Wine
Canada is at the centre of two new disputes at the World Trade Organization (WTO) which threaten to impact a number of sectors of the Canadian economy, including alcoholic beverages, livestock, ethanol, snack foods, soft drinks, and other foods and beverages containing sweeteners.
26 Jan 2007
Canada Signs Bilateral Investment Treaty with Peru - India and China Are Next
On November 14, 2006, Canada and Peru signed a bilateral investment treaty (BIT), otherwise referred to as a Foreign Investment Protection and Promotion Agreement (FIPA). This is Canada’s first BIT to be negotiated in eight years and the first BIT to be based on Canada’s new 2004 Model FIPA. This will bring the number of BITs Canada has with developing and newly industrialized countries to a total of 22.
28 Nov 2006
Cross-Border Insolvencies Challenges Of Litigation In A Global Economy
Insolvency is a condition which is inherently chaotic. With the effluxion of time and no stabilization of distracting factors, value evaporates. Resources are not fully utilized – indeed in some instances, the scarce resources are completely discarded. Often these resources are intangibles – namely the goodwill which is built up in a business organization and its workforce. This is not the goodwill that enhances the value of a business by its location, say a newsstand in a subway station.
26 Sep 2006
Effective Use Of International Trade And Investment Treaties
Does a regulatory barrier impede your access to an export market? Does a government measure discriminate against or otherwise harm your business operations? In recent years, there have been significant developments in international trade and investment protection law that offer potential responses to regulatory measures that have a negative impact on business. These changes have enhanced both the scope of the obligations under these agreements and their enforcement.
20 Sep 2006
The WTO Rules on Genetically Modified Organisms
recent World Trade Organization (WTO) interim ruling on the regulation of genetically modified organisms (GMOs), EC-Measures Affecting the Approval and Marketing of Biotech Products, will be of significant interest to companies operating in the food and agricultural sectors.
16 Aug 2006
The Proposed Softwood Lumber Agreement of July 1, 2006 - Comments by Simon V. Potter
Delivered July 31, 2006 to the Standing Committee on International Trade, Ottawa
8 Aug 2006
Corporate Commercial Litigation - Recent Developments Of Importance
Counsel and their clients must be increasingly aware—and sensitive to—the indisputable fact that litigation is beginning to transcend borders, especially the 49th parallel. This arises for a number of reasons, in particular, recent developments with respect to enforcement of US judgments in Canada, as well as securities litigation.
3 Jul 2006
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