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Canada: British Columbia Court Of Appeal Provides Potential Litigants With Guidance On Leave Requirements For A Secondary Market Action - Stikeman Elliott LLP

In a unanimous judgment released orally in November, 2012, the British Columbia Court of Appeal upheld the lower court decision in Round v. MacDonald, Dettwiler and Associates Ltd. issued in October 2011.        

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Canada: Mason Capital Succeeds: Appeal Court Confirms CDS' Ability To Requisition Meeting By "Empty Voter" - Stikeman Elliott LLP

In TELUS Corporation v. Mason Capital Management LLC, the British Columbia Court of Appeal considered the validity of a shareholder's requisition for a general meeting of shareholders.

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Canada: BC Court Of Appeal Concludes That A Partner Is Not An Employee Of A Partnership - Stikeman Elliott LLP

On July 19, 2012, the British Columbia Court of Appeal released its decision on the issue of whether a partner in a partnership is an employee of that partnership for the purposes of the BC Human Rights Code.

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Canada: "Off-The-Clock" Overtime Class Actions Turned On As Supreme Court Of Canada Denies Leave To Appeal - Stikeman Elliott LLP

The Supreme Court of Canada has recently dismissed the applications for leave to appeal two decisions of the Court of Appeal for Ontario with costs: Fulawka v. Bank of Nova Scotia and Fresco v. Canadian Imperial Bank of Commerce.        

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Canada: Federal Court Of Appeal Confirms Availability Of Contractual Waiver Of Class Actions In Favour Of Arbitration Absent Contrary Statutory Language - Stikeman Elliott LLP

On February 14, 2013, the Federal Court of Appeal in Murphy v. Amway Canada Corp. affirmed the decision of the court below, staying a proposed class proceeding in light of a contractual arbitration clause and class action waiver.        

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