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  • Article

    Non-Compliance With The Trademarks Act Leads To An Unfavourable Result

    A decision of the Federal Court illustrates the importance of proper trademark management in operating a business. The Plaintiff seems to have ignored this to its detriment, notwithstanding that its business...
    CanadaIntellectual Property
    Goldman Sloan Nash & Haber LLP
    Goldman Sloan Nash & Haber LLP
  • Article

    Why Commercial Realities Matter In Contractual Rectification

    In 2016, the Supreme Court of Canada affirmed in Canada (AG) v. Fairmont Hotels 2016 sec 56, that contractual rectification is available to correct written contracts which inaccurately record the...
    CanadaCorporate/Commercial Law
    Torkin Manes LLP
    Torkin Manes LLP
  • Article

    Saucy Tweet Results In For Cause Termination Of Employee

    Fastenal Canada terminated B.C. employee Hussien Mehaidi for expressing his outrage on Twitter for the company's Christmas gift of Gets Sauced BBQ sauce and a company branded wooden scraper.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    The Curious Case Of Xenobots Part II – AI-Assisted Inventions

    Laboratory experimentation often invokes images of scientists in white lab coats and bubbling flasks. However, the rapid advancement of computational techniques and computing power have significantly changed...
    CanadaIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    Meaning Of "Current Value" Uncertain On Eve Of Province-Wide Reassessment

    All properties in Ontario will receive new notices of assessment in 2008 that will serve as the basis for municipal property taxation for 2009 to 2012. In accordance with the requirements of the Assessment Act, these new assessments will be based on January 1, 2008 "current values" determined by the Municipal Property Assessment Corporation (MPAC).
    CanadaTax
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    The Certification of Competition-Related Class Actions in Canada

    Although the first class action legislation was enacted in Canada more than twenty-five years ago and class proceedings are now a national phenomenon, Canadian courts still have not stated clearly the manner in which certification principles will be applied to class proceedings alleging antitrust violations.
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    The Use Of Holding Companies For Ontario's Municipally Owned Electricity Utilities: Part 1 – What Are They Used For?

    Holding companies (or "HoldCos") are ubiquitous in modern corporate and financial structures, and serve various business purposes. Within the realm of Ontario's electricity distribution sector, HoldCos are generally...
    CanadaEnergy and Natural Resources
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Unexpected Costs Of Employee Relocation

    Recently, in Nowlan v. Canada (Attorney General) 2022 FCA 83, the Federal Court of Appeal considered an employer's duties towards employees in the event of employee transfers.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Court Of Appeal Summaries (June 1 – 5, 2026)

    The Ontario Court of Appeal overturned a lower court ruling that found provincial agricultural legislation unconstitutionally restricted freedom of expression. The decision examines whether regulations preventing animal rights activists from using false pretenses to access farms violate Charter rights, analyzing the balance between protecting agricultural operations and preserving investigative journalism about animal welfare.
    CanadaCorporate/Commercial Law
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Recent Wins For DABUS – Patenting In An Era Of Artificial Intelligence

    These filings have spurred meaningful discussion about AI-related inventorship and ownership.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    When Opportunity Knocks, Can Your Firm Afford It?

    Consider one of the following scenarios: Your firm's leadership wants to become the employer of choice for young professionals...
    CanadaLaw Practice Management
    Collins Barrow National Incorporated
    Collins Barrow National Incorporated
  • Article

    Expert Advice Series: Expert Bias. How Trial Courts Are Applying The White Burgess Analysis

    In 2015 in White Burgess Langille Inman v Abbott and Halibuton Co., 2015 SCC 23 the Supreme Court of Canada released a comprehensive decision on expert bias and how it relates to the admissibility ...
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Ontario Court Of Appeal Confirms Court May Render An Arbitration Clause Invalid In Order To Protect The Weaker Contracting Party

    Canadian Courts have consistently held that arbitration clauses are to be given a large and liberal interpretation.
    CanadaLitigation, Mediation & Arbitration
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Challenges Facing Project Developers Who Trigger The 2012 Canadian Environmental Assessment Act

    Pipelines, mines, ports, railways, reactors and power dams make federal environmental assessments prominent in current public affairs.
    CanadaEnvironment
    Gowling WLG
    Gowling WLG
  • Article

    Le Point Juridique - COVID-19 : Modifications De La Guarantees Acknowledgement Act (Alberta)

    La Guarantees Acknowledgement Act (Alberta) a été modifiée pour permettre les vidéoconférences interactives et la signature en plusieurs exemplaires des attestations requises en vertu de cette loi.
    CanadaCoronavirus (COVID-19)
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    When A Family Trust Is Really A Sham

    Your client is the settlor of a family trust, one she claims was intended to be a gift to her children upon the last of the three children attaining the age of 30 years.
    CanadaFamily and Matrimonial
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Get Your Forms In Order For A Written Notice Of Lien

    There are several new prescribed forms under Ontario's recently amended Construction Act that all players involved in the construction industry should be aware of.
    CanadaReal Estate and Construction
    Goldman Sloan Nash & Haber LLP
    Goldman Sloan Nash & Haber LLP
  • Article

    Court Of Appeal Summaries (September 20 – 24, 2021)

    Following are this week's summaries of the Court of Appeal for Ontario for the week of September 20, 2021. The theme this week was family law.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Optimizing High Stakes Commercial Claims For Success

    In this article, I share four over-arching themes that are constants in successful claims: the calibre of the legal team, clarity on goals and strategy, alignment of stakeholders and communication.
    CanadaLitigation, Mediation & Arbitration
    Omni Bridgeway
    Omni Bridgeway
  • Article

    Commercial Times - The Duty Of Honesty In Commercial Contracts: What You Now Need To Know

    In 2014, the Supreme Court of Canada recognized that all parties to a contract have a duty to act honestly: Bhasin v. Hrynew, 2014 SCC 71. This includes the obligation that parties must not lie...
    CanadaCorporate/Commercial Law
    Torkin Manes LLP
    Torkin Manes LLP

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