Even if
underlying facts involve another jurisdiction, a Canadian court can, if there is a sufficient connection, assume jurisdiction over a tort claim.
The underlying facts involved what the Canada Revenue Agency (CRA) alleged was an abusive tax avoidance scheme.
Not exact matches
When considering alternative investments, you should consider the
fact that some products may utilize leverage and other speculative investment practices that may increase the risk of investment loss and be illiquid, are not required to provide periodic pricing or valuation information to investors, may
involve complex tax structures and delays in distributing important tax information, are not subject to the same regulatory requirements as mutual funds, often charge high fees including incentive fees, and in many cases have
underlying investments that are not transparent and are known only to the investment manager.
The very
fact that they can claim «oh the ocean must be swallowing the heat in a way we didn't account for in the models» but then act as though they can still look at those models for guidance merely because they found some runs that randomly matched reality, suggests a lack of awareness on their part that to be credible models can't merely accidentally curve - fit to a small set of data, that they actually need to credibly claim to model the
underlying processes
involved.
The
underlying action
involved a
fact scenario reminiscent of the classic holiday movie «A Christmas Story».
Mass tort litigation typically has three distinctive characteristics: they must
involve a large volume of claims brought against the same product or circumstance, the
underlying facts of each claim must be similar, and the claims should be complementary to one another.
In Eisai, the Court of Appeal found on the
facts that no such confidentiality obligation arose and, rejecting arguments as to the additional time and work that would be
involved in consultation of the
underlying model was disclosed, there was no other good basis on which to withhold the information.