ArticleEntertainment Law Case: TV Makeover ShowIn Pelchat v. Zone 3 Inc., 2013 QCCS 78, a Quebec court decision has addressed the dichotomy between the idea for a TV show, and the "form and expression" of ideas, as embodied in a TV show.CanadaIntellectual PropertyField Law
ArticleMonkey See, Monkey Do… However Monkey Does Not Enjoy Copyright ProtectionI know this story crested a few weeks ago, but who can resist it? A famous 1998 Molson Canadian ad posed a Canadian version of the infinite monkey theorem.CanadaIntellectual PropertyField Law
ArticleNew Copyright Act Becomes Law… In PartIn June, the Copyright Modernization Act was passed by Parliament. However, it did not have the force of law yet (See: Copyright Bill Becomes Law). CanadaIntellectual PropertyField Law
ArticleTrade-Secrets And The Departing EmployeeConcerned about departing employees who might have confidential information about your business and clients? CanadaIntellectual PropertyField Law
ArticleVulnerabilities Of Descriptive MarksA trade-mark must be distinctive - if it is not, it is at risk of being unregistrable, and if for some reason it is registered, it is vulnerable to attack by a competitor.CanadaIntellectual PropertyField Law
ArticleCloud Computing Law - Allocating IP RisksIn October, I will be presenting at the 5th Cloud Computing Law Conference in Calgary, Alberta (October 9 and 10, 2012). CanadaMedia, Telecoms, IT, EntertainmentField Law
ArticleElectronic Meetings Now AuthorizedBill 53, Service Alberta Statutes (Virtual Meetings) Amendment Act, 2021, is now in force. Section 5, relating to the Red Tape Reduction Implementation Act, 2020 came into force today...CanadaReal Estate and ConstructionField Law
ArticleAmendments To The Competition Act And What Can Happen If You Don't Comply (Video)Amendments to the Competition Act prohibit companies from entering into no-poach agreements and wage-fixing agreements with respect to employees. Lee Carter provides an overview...CanadaEmployment and HRField Law
ArticleElection Day Voting RightsAs most people are no doubt aware, Monday, October 21 is Election Day, and federal law requires employers across Canada to provide employees with paid time off to vote ...CanadaEmployment and HRField Law
ArticleEmployer's Claim Of After-Acquired Cause DeniedCan a without-cause dismissal be recharacterized later as for cause - even if the material circumstances were known to the employer before the dismissal?CanadaEmployment and HRField Law
ArticleThe Importance Of Clear Language In Employment Contracts (Video)As an employer, you are responsible for creating employment contracts, so what happens when a dispute arises from the interpretation of an employment agreement?CanadaEmployment and HRField Law
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
ArticleHow Long Does It Take To Get A Patent?Patent advisors are often asked this question. In Canada, CIPO has published the first-everIP Canada Report, which contains an interesting trove of IP statistics. CanadaIntellectual PropertyField Law
ArticleOnline Defamation & Libel: The Trump EffectIt's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.CanadaLitigation, Mediation & ArbitrationField Law
VideoProposed Increase In The Provincial Court Civil Claims Limit (Video)While the increased civil claims limit will not be effective until designated by regulation, the proposed increase from $50,000 to $200,000 opens up the Provincial Court to larger and more complex cases.CanadaLitigation, Mediation & ArbitrationField Law
ArticleUncertainty Around Burden Of Proof For Summary Judgment ResolvedThe law of summary judgment in Alberta has recently been in flux regarding the standard of proof required to resolve a dispute summarily: some panels of the Court have held that proof on a balanceCanadaLitigation, Mediation & ArbitrationField Law
ArticleFacebook Follows Google To The SCCA class action case against Facebook (see our previous posts for more background) is heading to the Supreme Court of Canada.CanadaMedia, Telecoms, IT, EntertainmentField Law
ArticleGovernment of Canada Suspends CASL's Private Right of Action ProvisionsBy Order in Council dated June 7, 2017, the federal government suspended the coming into force of the private right of action provisions under Canada's Anti-Spam legislation (CASL), "in response to broad-based concerns raised by businesses, charities and the not-for-profit sector." CanadaPrivacyField Law
ArticleReduced Corporate Tax Rate In AlbertaThe Alberta government recently accelerated its plans to cut the general corporate tax rate from 10% to 8%, bringing the combined general corporate rate down to 23%. CanadaTaxField Law
ArticleUS Drone Registry is Shot DownIn response to the proliferation of recreational drones in American skies, the Federal Aviation Administration (FAA) introduced a rule known as the "Registration Rule" in 2015.CanadaTransportField Law