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4 Jun 2019, 6:00 am by Denise Gan (Toronto)
“Best Interests of the Corporation” – more than solely shareholder interests Bill C-97 aims to consolidate the law on the fiduciary duty of directors and officers by codifying the Supreme Court’s findings in BCE Inc. v. 1976 Debentureholders (BCE). [read post]
19 Mar 2010, 3:10 am by sally
Wood Floor Solutions Andreas Domberger GmbH v Silva Trade SA (Case C-19/09); [2010] WLR (D) 77 “Where services were provided in several member states of the European Union, the court which had jurisdiction to hear and determine all the claims arising from the contract was the court in whose jurisdiction the place of the main provision of services was situated. [read post]
3 Jan 2012, 4:28 am by tracey
Air Transport Association of America v Secretary of State for Energy and Climate Change (International Air Transport Association and others, intervening); (Case C-366/10);  [2011] WLR (D)  386 “Certain principles and provisions of international law could be relied upon to assess the validity of Parliament and Council Directive 2008/101/EC amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas… [read post]
14 Mar 2011, 3:44 am by traceydennis
Casteels v British Airways plc (Case C-379/09); [2011] WLR (D) 85 “Article 48FEU of the FEU Treaty, concerning the adoption of measures in the field of social security, could not be relied on by an individual against his private sector employer in a dispute before a national court. [read post]
20 Nov 2008, 10:08 pm
The Court of Justice has handed down a neat judgment in Case C-209/07 Competition Authority v. [read post]
15 Aug 2012, 2:33 am by John Diekman
Practice point: A court may consider evidentiary material submitted by a defendant in support of a motion to dismiss a complaint, pursuant to CPLR 3211[c].Student note: When evidentiary material is considered, and the motion has not been converted to one for summary judgment, the criterion is whether the plaintiff has a cause of action, not whether the plaintiff has stated one. [read post]