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  • Article

    BC Supreme Court Rules That The Granting Of Mineral Claims Triggers Duty To Consult

    In Gitxaala v. British Columbia (Chief Gold Commissioner), the British Columbia Supreme Court (BCSC)...
    CanadaGovernment, Public Sector
    Torys
    Torys
  • Article

    Three Ways To Make Canada's Project Approval Process Great—On Day One

    The holdups on major projects start by a "more is better" regulatory ethos that, by many accounts, results in a tremendous amount of unnecessary work, confusion and delay. Although the Impact Assessment Act (IAA)...
    CanadaGovernment, Public Sector
    Torys
    Torys
  • Article

    Canada's New Patent Rules Are Final

    The Government of Canada has published finalized amendments to the Patent Rules (final rules) in the Canada Gazette, Part II on July 10
    CanadaIntellectual Property
    Torys
    Torys
  • Article

    Canada´s Federal Court Of Appeal Limits Damages Available To Delayed Generics

    On June 4, 2009, in Merck Frosst Canada Inc. v. Apotex, Inc., the Federal Court of Appeal released an important decision limiting the range of damages available in actions under section 8 of the Patented Medicines (Notice of Compliance) Regulations.
    CanadaIntellectual Property
    Torys
    Torys
  • Article

    CIPO's New Draft Guidelines Could Result In Higher Disclosure Standards For Canadian Patents

    The Canadian Intellectual Property Office (CIPO) has released a further update to the Manual of Patent Office Practice (MOPOP), an administrative document of CIPO that examiners refer to during the patent examination process.
    CanadaIntellectual Property
    Torys
    Torys
  • Article

    Is Get-up Gone in Canada?

    The recent decision of the Federal Court of Canada in Apotex v. Registrar of Trade-marks and Glaxo Group Limited (March 12, 2010) continues a line of cases that restricts the use of "get-up" (which refers to colour, shape of packaging, etc.) as a trademark in respect of prescription pharmaceutical products.
    CanadaIntellectual Property
    Torys
    Torys
  • Article

    Keyword Advertising May Be Confusing After All

    recent decision by the Court of Appeal for British Columbia, in a reversal of a 2015 British Columbia Supreme Court ruling (as we previously reported here)...
    CanadaIntellectual Property
    Torys
    Torys
  • Article

    New Patent Examination Guidelines For Pharmaceutical Solid Forms Proposed By CIPO

    The Canadian Intellectual Property Office (CIPO) has proposed new patent examination guidelines for pharmaceutical solid forms, including polymorphs, salts, hydrates, solvates, desolvates and co-crystals.
    CanadaIntellectual Property
    Torys
    Torys
  • Article

    Responding To U.S. Tariffs Requires "Fighting Kind With Kind"

    As President Trump continues to impose across-the-board tariffs on Canadian goods, some sectors in Canada are calling for greater retaliatory measures...
    CanadaIntellectual Property
    Torys
    Torys
  • Article

    Bill C-251: Proposed Amendments To Canada's Anti-forced Labour Regime

    Bill C-251 (the Bill), a private member's bill proposed by Member of Parliament Simon-Pierre Savard-Tremblay of the Bloc Québécois...
    CanadaInternational Law
    Torys
    Torys
  • Article

    NAFTA On Hold

    After an intensive period of negotiations in 2017 and early 2018, NAFTA is now on hold, pending the outcome of the upcoming U.S. midterm elections.
    CanadaInternational Law
    Torys
    Torys
  • Article

    U.S. Levies New Sanctions Against Russia, Including Its Metals And Mining Sector

    On the one-year anniversary of Russia's invasion of Ukraine, the United States issued a comprehensive set of new economic sanctions...
    CanadaInternational Law
    Torys
    Torys
  • Article

    Addressing Implications Of The "Best Interest" Standard When Determining Fiduciary Duty Of Investment Advisors

    A recent decision of the Ontario Court of Appeal has revived a class-action lawsuit, Boal v. International Capital Management Inc., regarding the fiduciary duties of investment advisors to their clients.
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    Canada's Federal Court Sidesteps Constitutional Challenge to Federal Privacy Legislation

    Since Canada’s Federal privacy legislation was first introduced in 2000, a significant constitutional issue about its scope has been lingering in the background.
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    Class Actions And Summary Judgment

    Senior associate Sarah Whitmore and associates Ryan Lax and Jonathon Silver have contributed to LexisNexis' Class Action Defence Quarterly, speaking about class actions and summary judgment.
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    Highlights Of IIROC's 2021-22 Enforcement Report

    The Investment Industry Regulatory Organization of Canada (IIROC) has released its 2021-2022 Enforcement Report. The Report highlights IIROC's enforcement activities in the ...
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    New York City Litigants Can Now Reach Canada By Mail

    A recent decision from New York's First Judicial Department now allows for service by mail to Canada.
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    Ontario Court Affirms Decision Denying Certification in CIBC Overtime Action

    On September 10, 2010, the Ontario Divisional Court upheld the denial of class action certification in Fresco v. Canadian Imperial Bank of Commerce.
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    Québec Court Of Appeal Clarifies The Role Of The Representative Plaintiff And How To Apply The Proportionality Principle In The Context Of Article 1003 CCP

    The QCA confirmed that the principle of proportionality must be considered when assessing the four authorization criteria and does not constitute a separate authorization criterion.
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    Unlawful And Unreasonable Arrest: Victory For The Canadian Civil Liberties Association In Supreme Court Civil Liability Case

    On November 29, the Canadian Civil Liberties Association (CCLA), as intervener, won a major victory in the Supreme Court of Canada (SCC) case of Kosoian v. Société de transport de Montréal
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Showing 401–420 of 2984 results

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