ArticleNew Court Proceedings - October 2018New Court Proceedings - October 2018CanadaFood, Drugs, Healthcare, Life SciencesSmart & Biggar
ArticleOntario Court Of Appeal Dismisses Appeal Of Judgment Awarding Apotex Damages From Contract Research Organization For Delayed FDA approval Of Two ProductsAs previously reported, in December 2017, Apotex was awarded over $11M in damages and pre-judgment interest for losses flowing from delays ...CanadaFood, Drugs, Healthcare, Life Sciences
ArticleRevisiting A Guilty Plea To Avoid Debarment From Public ContractsBusinesses facing criminal or regulatory charges may be tempted to plead guilty if the proposed fine is dwarfed by the costs that a defence and a trial would necessarily entail.CanadaGovernment, Public SectorDavies Ward Phillips & Vineberg LLP
ArticleRobert Cohen's Article Published In Law TimesRobert Cohen's article "Slapping the New Anti-SLAPP Legislation" was published in the May 30, 2016, edition of Law Times, as part of the "Speaker's Corner" series.CanadaGovernment, Public SectorCassels
PodcastThe Federal Court's Verdict On The Use Of The Emergencies Act (Podcast)In this episode Gavin and Stephen discuss the recent decision by the federal court on the challenge to the constitutionality and legality of the federal government's decision to invoke the Emergencies Act...CanadaGovernment, Public SectorGardiner Roberts LLP
ArticleThomas Isaac Report On Reconciliation With Metis ReleasedOn July 21, 2016, the Government of Canada released a report by Cassels Brock partner Thomas Isaac on Reconciliation with Métis.CanadaGovernment, Public SectorCassels
ArticleUpdate: Canada Files Notice Of Appeal For The Injunction Granted By The Northwest Territories Supreme Court To Delay Elimination Of Wek'èezhìi Land And Water BoardThis is an update to our March 2, 2015 article entitled Northwest Territories Supreme Court Grants Tłįchǫ Government Injunction To Delay Elimination of Wek'èezhìi Land and Water Board.CanadaGovernment, Public SectorWillms & Shier Environmental Lawyers LLP
ArticleCanada's Top Court Releases Precedent-Setting Decision On Litigation Funding And A Court's Discretion In Restructuring ProcessThe Supreme Court of Canada's decision in 9354-9186 Québec Inc. v Callidus Capital Corporation unanimously overturned a unanimous decision of the Québec Court of Appeal. CanadaInsolvency/Bankruptcy/Re-StructuringDavies Ward Phillips & Vineberg LLP
ArticleChris Hunter On Litigation Trustees And Litigation FundingSenior associate Chris Hunter sat down with the Annual Review of Insolvency Law Society to share his insight in its ARIL Podcast Program.CanadaInsolvency/Bankruptcy/Re-StructuringTorys
ArticleSupreme Court Of Canada Denies Leave To Appeal And Confirms Québec Courts' Ability To Appoint BIA ReceiversOn April 1, 2021, the Supreme Court of Canada dismissed an application for leave to appeal the decision of the Court of Appeal of Québec (QCA) in Séquestre de Media5 Corporation, 2020 QCCA 943...CanadaInsolvency/Bankruptcy/Re-StructuringOsler, Hoskin & Harcourt LLP
ArticleDivisional Court Rules Accident Benefits Carrier No Interest In LTD LitigationThe plaintiff was involved in a motor vehicle accident. She claimed accident benefits from Certas, and long-term disability benefits from Manulife.CanadaInsuranceMiller Thomson
ArticleInsurers Can Lighten Their Legal Expenses With A New AABS And LATs Workout!In my blog entry of February 5, 2016, I talked about the upcoming changes to the procedure for accident benefit disputes. CanadaInsuranceMiller Thomson
ArticlePriority Dispute: Third Party Vehicle Renter vs. The Defendant Vehicle OwnerThe Court addressed whether the insurer of a renter of a vehicle who is not named as a defendant in the main action has priority over the insurer of the owner.CanadaInsuranceBlaney McMurtry LLP
ArticleWhen does Interest Start In Delayed CAT Benefit Disputes?Ultimately, the Court of Appeal deferred to a finding of fact that the original applications court Judge made that the claimant had been catastrophically impaired since the accident.CanadaInsuranceMiller Thomson
ArticleCopyright Litigation And The Risk Of Double CostsAn American photojournalist, Ms. Leuthold, was on the scene in New York City on September 11, 2001. CanadaIntellectual PropertyField Law
ArticleCourt Of Appeal Confirms Domain Name As "Instrument Of Confusion"The Federal Court of Appeal has confirmed – again – that adoption and use of a domain name can in fact constitute the mechanism by which a trademark is infringed in Canada...CanadaIntellectual PropertyNorton Rose Fulbright Canada LLP
ArticleDefeat Of The Knight: No Moral Rights Infringement For Discounted Sales Of Popular Series Of BooksIn an interesting factual situation concerning the scope of moral rights, the Quebec Court of Appeal, in 91439 Canada ltée (Éditions de Mortagne) c. Robillard, 2022 QCCA 76...CanadaIntellectual PropertySmart & Biggar
ArticleEmployee Ownership Of Patentable InventionsA startup in the oil-and-gas service sector sought to improve downhole well stimulation technology. After a few years, differences between the three founders culminated in the ouster of Mr. Groves.CanadaIntellectual PropertyField Law
ArticleFCA Dismisses Appeal, Patent Not Listable Against STELARA SNDSAs previously reported, the Federal Court (FC) dismissed Janssen's application for judicial review of the decision of the Office of Submissions and Intellectual Property (OSIP) refusing to list...CanadaIntellectual PropertySmart & Biggar
ArticleFCA Upholds Finding Of Non-Infringement For Frozen French Fries PatentThe Federal Court of Appeal examined whether McCain Foods' patent for treating vegetables using high electric fields was infringed by J.R. Simplot's pulsed electric field systems operating at significantly higher voltages. The case centered on interpreting the term "high electric field" and whether it encompassed the voltage ranges used by the defendant's technology. CanadaIntellectual PropertyOyen Wiggs Green & Mutala