Supreme Court Says Police Wiretaps Can Be Used in Civil Proceedings

The Supreme Court of Canada has ruled that once a private communication has been “intercepted” for use in a criminal investigation, it becomes available to a party in a civil proceeding who may have a claim to it based on relevance. 

In the early summer of 2004, the Competition Bureau of Canada began an investigation (the “Octane Investigation”) into allegations of a conspiracy to fix gasoline pump prices in certain regions of Quebec.   To carry out the investigation, the Competition Bureau obtained from the Superior Court of Quebec, 7 judicial authorizations that enabled it to intercept and record more than 220,000 private communications.  These authorizations for the wiretaps were obtained under Part VI of the Criminal Code of Canada.
 
In 2008 as a result of the Octane Investigation, a series of charges were laid against a number of people alleging that they had conspired to fix pump prices in certain regions of Quebec.  In July 2010 and September 2012, other charges for the same offences were laid bringing the total number of persons charged to 54.
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New term as Governor of the Quebec Bar Foundation for Sharon Druker

November 11, 2014 — Sharon G. Druker was named a Governor of the Quebec Bar Foundation for a second three-year term starting in 2015.

The Foundation was established to support the advancement of law through research, and to promote legal publications of interest to lawyers and the general public. Over a dozen RSS lawyers are Governors of the Foundation, reflecting our firm’s community involvement.

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The Cost of Ebola Treatment

Everyone is talking about Ebola, including the risk of contracting it, treatment for those who do contract it, and protection for those who treat patients who have it.  There has been very little discussion, though, about how to pay for the costs of treating Ebola patients, including whether health insurance will cover the treatment and pay the providers.

Most health insurance coverage that complies with the ACA minimum essential coverage standards will cover the costs of medically necessary hospitalization and physician services.  However, many of those policies have significant out of pocket expenses that must be paid by the patient, including deductibles and coinsurance amounts.  There is likely to be an annual cap on the out of pocket expenses (at least in ACA compliant plans), so that may limit the overall amount the patient has to pay.  Also, many policies do not cover, or provide very limited coverage, for care provided outside the country, or for evacuation expenses if you become ill while in another country- so if you are traveling you should check with your insurer and purchase travel health insurance if those expenses would not be covered.

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DAVIS MALM ADDS PATENT AND TRADEMARK SHAREHOLDER AND BOLSTERS INTELLECTUAL PROPERTY CAPABILITIES

Boston, MA, November 11, 2014 — The Boston law firm of Davis, Malm & D’Agostine, P.C. announced Richard L. Sampson has joined the firm as a shareholder in the Intellectual Property law area. A registered patent attorney with over 20 years of experience, Mr. Sampson focuses his practice on obtaining, maintaining, and enforcing patents, trademarks, and copyrights throughout the world. He provides strategic counseling to companies and individuals focused on building patent portfolios, and routinely prepares and prosecutes patent applications and helps defend intellectual property assets both domestically and abroad. He prosecutes domestic and foreign trademark applications and counsels clients on the selection of marks and on infringement issues. He also has experience with post-grant proceedings in patent and trademark matters before the U.S. Patent and Trademark Office. More…

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FIRST READING COMPLETED ON ONTARIO’S SECURITY FOR COURTS, ELECTRICITY-GENERATING FACILITIES AND NUCLEAR FACILITIES ACT, 2014

Stanley D. Berger, B.C.L., L.L.B, Certified Specialist Environmental Law

Last Thursday, October 30th, first reading of Bill 35, The Security for Courts, Electricity-Generating Facilities and Nuclear Facilities Act carried in the Ontario Legislature. Bill 35, as it concerns the security of the electricity-generating and nuclear facilities, is identical to its predecessor Bill 51, Schedule 3 which received its first reading over a year and a half ago in April 2013. More…

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ILN Today Post

NEW MORATORIUM LAW OF 2014

By means of Law 25 of October 28th of 2014, is granted to the taxpayers, the opportunity of paying the taxes owed on their corporations and foundation of private interest that are not updated, with an exemption of 100% on fines and surcharges imposed up to the 30th September by the General Directorate of Income, until December 31st, 2014.

The government of the Republic of Panama has granted this incentive with the objective of cancelling all the fees due to date.

The omission in the enjoyment of this benefit would result in a 10% surcharge and an additional penalty interest of 2% per month or fraction from January 1, 2015.

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Dej-Udom & Associates Business and Legal Update

COUNTDOWN 2015
ASEAN Economic Community
AEC Labor Growth
In a recent report, the International Labor Organization (ILO) states that the ASEAN Economic Community (AEC) integration will allow low and middle-income ASEAN member states to move up the productivity and skills ladder. The report estimates that future demand for high-skilled employment for Cambodia, Indonesia, Laos, Philippines, and Thailand could increase by 14 million jobs by 2025 and future demand for medium-skilled employment could increase by 38 million jobs over the same time period. The ILO maintains that the greatest impact of the AEC will be on medium-skilled jobs, especially in Thailand and Vietnam. More…

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ILN Today Post

Landlord’s ability to call on a bank guarantee

In March 2013, the Supreme Court of Victoria held that a landlord can call on a bank guarantee if the landlord claims in good faith that there has been a breach of the lease:Otter Group Pty Ltd v Wylaars & Anor [2013] VSC 98.  That is, a landlord can have immediate recourse to the bank guarantee without having to wait for a court to decide whether the tenant has breached the lease. More…

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ECA releases Trade Policy Recommendations for 2014 and 2015

Many of you would be aware of the excellent work of the Export Council of Australia (“ECA”) (www.export.org.au) which is the peak body for exporters in Australia with a special focus for SME exporters.  The range of activities of the ECA covers education, research, Government relations, advocacy and work with relevant Government agencies.  In doing so, the ECA works directly with the Federal Government and its agencies such as DFAT, Austrade and Efic as well as State Government agencies responsible for trade.

The work includes membership of relevant advisory groups such as the Industry Advisory Group for the Trusted Trader Programme which is currently working hard to assist in the development of that Programme according to the ambitious timetables set by Government. More…

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PETERKA & PARTNERS CEE NEWSLETTER – OCTOBER 2014

We have prepared a special newsletter dedicated to legal developments affecting business in Central and Eastern Europe.

October issue of the CEE Newsletter is now available 
(English only)

Countries covered: Czech Republic, Slovakia, Poland, Hungary, Romania, Bulgaria, Serbia, Belarus, Ukraine, Russia.

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