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  • Article

    Facebook Loses Privacy Faceoff At The FCA

    The proceedings in Canada (Privacy Commissioner) v Facebook Inc arose from the Privacy Commissioner's investigation into Facebook's practice of sharing users' personal information with third-party apps.
    CanadaPrivacy
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Confusion Over "Some Basis In Fact" Rolls On In British Columbia Court Of Appeal's RoRo Decision

    Certification is a vital step in every class action. In order for a class action to be certified, the proposed representative plaintiff must show "some basis in fact" to believe that the certification requirements are met.
    CanadaTransport
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Employers Emerge Victorious In Rule 21 Motion Regarding The Enforceability Of An ESA-Minimum Termination Clause

    In Bertsch v Datastealth Inc, the Superior Court confirmed the enforceability of an ESA-minimum termination clause that excluded common law notice periods. This decision, resulting from a Rule 21 motion to strike.
    CanadaEmployment and HR
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  • Article

    Supreme Court Of Canada Holds That Bankruptcy May Erase Some Penalties Imposed By Regulators

    In Poonian v British Columbia (Securities Commission), a majority of the Supreme Court of Canada clarified provisions in the Bankruptcy and Insolvency Act...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Pharma Patent Case Round-Up

    If your 2024 has been too busy to keep up with caselaw, below we summarize and provide the key takeaways from pharmaceutical patent decisions...
    CanadaIntellectual Property
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    Lenczner Slaght
  • Article

    The SCC Leave Project: Predictions For August 18, 2022

    Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on August 18, 2022.
    CanadaLitigation, Mediation & Arbitration
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    Lenczner Slaght
  • Article

    The SCC Leave Project: Predictions For February 22, 2024

    Each week, we'll be providing a short blog post that summarizes some of the upcoming cases and gives a prediction of the probability that leave will be granted.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    The SCC Leave Project: Predictions For November 10, 2022

    Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on November 10, 2022.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Aroma Of Controversy: Stirring Up Arbitrator Disclosure Duties

    The Ontario Court of Appeal's decision in Aroma Franchise Company Inc v Aroma Espresso Bar Canada Inc has reshaped the disclosure obligations of arbitrators, particularly in cases involving multiple appointments...
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
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  • Article

    Barrick Gold Corporation: A Golden Opportunity To Publicly Correct S 138.1 Of The Securities Act, Or A Significant Change In The Law?

    Securities law class actions are now common in Ontario. However, courts are still addressing some of the core elements of the conceptual approach to such issues.
    CanadaCorporate/Commercial Law
    Lenczner Slaght
    Lenczner Slaght
  • Article

    The Designated Projects Scheme, Not A Designated Survivor: The Supreme Court Weighs In On The Federal Environmental Assessment Regime

    The complexity of regulating environmental impacts in Canada has proven to be a thorny issue on both constitutional and practical fronts. On the heels of 2021's carbon pricing decision...
    CanadaEnvironment
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  • Article

    Close Only Counts In Horseshoes: Federal Court Of Appeal Reins In The PMPRB

    The Federal Court of Appeal's decision in Galderma Canada Inc v Canada (Attorney General) ("Galderma FCA") arose from what seemed...
    CanadaFood, Drugs, Healthcare, Life Sciences
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    Lenczner Slaght
  • Article

    Recapitalization Of Calfrac Well Services Ltd And Its Affiliates – Contested Plan Of Arrangement Under CBCA

    Calfrac provides specialized oilfield services to exploration and production companies drilling and extracting oil from wells drilled throughout Western Canada, the United States, Argentina and Russia.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Lenczner Slaght
    Lenczner Slaght
  • Article

    An Ode To Users' Rights

    In our submissions on their behalf, we emphasized that authors were not a monolith and that Access Copyright did not represent the interests of all authors.
    CanadaIntellectual Property
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Coming Soon: Changes To Trademark Proceedings In Canada

    On April 1, 2025, various amendments to the Trademarks Act and Trademarks Regulations will come into force. The overarching theme of the upcoming amendments...
    CanadaIntellectual Property
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Patent vs Pandemic: Ensuring Patents Save Lives

    These are trying, stressful, and uncertain times, even for the optimist. As the number of confirmed cases of COVID-19 rise and hospitals begin to fill, the need for medicine and medical supplies...
    CanadaIntellectual Property
    Lenczner Slaght
    Lenczner Slaght
  • Article

    The Times They Are A-Changin': Summary Judgment In The Federal Court

    Patent infringement actions are inherently complex and technical. They often involve complex scientific inquiries and expert evidence. The Federal Court has historically held that summary judgment...
    CanadaIntellectual Property
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    Lenczner Slaght
  • Article

    To Consolidate Or Not To Consolidate – This Is The Federal Court's Question

    In a recent decision, Takeda Canada Inc v Apotex Inc, the Federal Court dismissed the Plaintiff, Takeda's, motion for consolidation of two actions against Apotex...
    CanadaIntellectual Property
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    Lenczner Slaght
  • Article

    Trial Advocacy Is (Mostly) The Same Online: Lessons Learned From A Virtual Patent Trial

    The COVID-19 pandemic has required courts to adapt to new ways of providing access to justice. We have first-hand experience with this new reality.
    CanadaIntellectual Property
    Lenczner Slaght
    Lenczner Slaght
  • Article

    A New Constitutional Guarantee Of Judicial Review

    On July 30, 2026, the Supreme Court of Canada released a landmark ruling in Democracy Watch v Canada (Attorney General). The Court sought to determine whether the partial privative clause (a provision in a law that tries to limit or block courts from reviewing a decision) in s. 66 of the federal Conflict of Interest Act...
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght

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