kmb notes
September 21, 2010
How The Competition Act Applies To Mergers And Acquisitions
We often hear reports of mergers or takeovers of large companies – in recent months Suncor and Petro Canada have merged, Ticketmaster and Live Nation have merged, and Shaw Communications has indicated its intent to acquire Canwest Global Communications Corp.
What is not usually part of these reports are the steps leading up to these transactions. There are months, if not years, of discussions and negotiations, and not only between the parties themselves, but often the federal government gets involved through its competition law branch. The Competition Act, which applies to all businesses in Canada, contains many provisions designed to ensure consumers are fully informed about the choices they make in the marketplace and that those consumers continue to have a wide variety of alternatives at competitive prices.
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Employers Cannot Be Sued for Negligent Infliction of Mental Suffering
A recent decision of the Ontario Court of Appeal in the case of Piresferreira v. Ayotte, 2010 ONCA 384 (CanLII) provides welcoming news for employers. The Court of Appeal confirmed that the tort of negligent infliction of mental suffering is not available in the employment context.
What is the difference between negligent vs. intentional infliction of mental suffering? The “intention” behind the actions is a difference between the two torts. A tort based on negligence does not require intent. Instead, a duty of care is needed for a tort of negligence
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What's New At KMB
Valerie Fox is a member of the Keyser Mason Ball, LLP Labour and Employment Law group. She has a keen sense of business, the law, entrepreneurial drive and management dynamics and offers expedient solutions that are practical and easily understood. Valerie advises corporations on day to day employment law issues such as matters of Employment Standards Act compliance, Human Rights Act compliance, labour relations issues, employment contract drafting and reviews, wrongful dismissal litigation, workplace policy drafting and review so that their workforces can function better.
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