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  • Article

    Canadian Treatment Of Non-Qualifying Capital Instruments (Basel III Capital Rules)

    On February 4, 2011, the Canadian regulatory authority that supervises bank holding companies, banks and other deposit-taking institutions (OSFI ) issued an Advisory that clarifies OSFI ’s expectations with respect to rights of redemption under so-called regulatory event clauses governing certain capital instruments of bank holding companies, banks, and federally regulated trust and loan companies (collectively, DTIs), and provided guidance as to the phase-out schedule for recognition of capital
    CanadaFinance and Banking
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Federal Court of Appeal Opens Door to Faster, Cheaper Way of Enforcing Trade-mark Rights

    On May 5, 2011, the Federal Court of Appeal found that claims for damages, declarations, and injunctive relief for violations of the Trade-marks Act may be brought by application and need not necessarily be brought by way of action.
    CanadaIntellectual Property
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Facebook Immune From Class Actions in Quebec?

    Can you launch a class action against Facebook in Quebec?
    CanadaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    FINRA Proposes New Registration Category For Investment Bankers

    The Financial Industry Regulatory Authority, Inc. (FINRA) has proposed a new limited representative registration category for investment banking professionals doing business in the United States.
    CanadaFinance and Banking
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Supreme Court Of Canada Denies Recovery In "Fly-in-the-Bottle" Case As Injury to Plaintiff Not Foreseeable

    In a unanimous ruling the Supreme Court of Canada has refused to restore a large trial award made to a bottled water customer who suffered severe depression and phobia after observing a dead fly in water purchased from the defendant.
    CanadaInsurance
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Competition Bureau Seeks Input On Updated Abuse Of Dominance Guidelines

    On January 16, 2009, the Canadian Competition Bureau released for public comment a draft of its Enforcement Guidelines on the Abuse of Dominance Provisions.
    CanadaAntitrust/Competition Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Solicitor-Client Privilege Trumps Privacy Commissioner´s Investigatory Powers

    In a unanimous ruling issued on July 17, 2008, the Supreme Court of Canada confirmed that the Privacy Commissioner of Canada cannot order the production of documents over which a claim of solicitor-client privilege is asserted.
    CanadaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Federal Court Dismisses Challenge To A Data Protection Listing On The Register Of Innovative Drugs [Eloxatin® (Oxaliplatin)]

    On May 2, 2011, Campbell J. of the Federal Court dismissed the application of Teva Canada Limited ("Teva") seeking to review the response of the Minister of Health ("Minister") which refused Teva's request to remove sanofi-aventis Canada Inc.'s drug ELOXATIN (oxaliplatin) from the Register of Innovative Drugs ("Register").
    CanadaFood, Drugs, Healthcare, Life Sciences
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    The Canadian Competition Bureau Issues Updated Enforcement Bulletins

    The Competition Bureau released two enforcement bulletins in September to clarify its approach to compliance programs and the regulated conduct defence.
    CanadaAntitrust/Competition Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Leave to Appeal the IMAX Decisions Denied - Secondary Market Liability under Ontario's Securities Act

    On February 14, 2011, the defendants' motion for leave to appeal two related decisions in "Silver v. IMAX" to the Ontario Divisional Court was denied by the Honourable Justice D.L. Corbett.
    CanadaFinance and Banking
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Canadian Government Procurement Complaints: Court Closes A Door

    In a May 22, 2008 decision, the Federal Court of Appeal closed the door on non-Canadian suppliers using the Agreement on Internal Trade ("AIT") as a basis to challenge federal government contract awards before the Canadian International Trade Tribunal ("CITT"). The Court held that a party can only seek access to the CITT procurement complaint procedure if it can demonstrate that it is a "Canadian supplier".
    CanadaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Recent Supreme Court of Canada Decision on the Duty to Consult Aboriginal Peoples

    When does the duty to consult Aboriginal Peoples arise? What roles can administrative tribunals play in the consultation process?
    CanadaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Canadian Human Rights Tribunal Expands the Duty to Accommodate Parental Obligations

    The Canadian Human Rights Tribunal (the "Tribunal") recently issued a series of decisions that affects how employers must consider issues relating to allegations of discrimination based on family status.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    International Sales Contracts: New Incoterms in Effect January 1, 2011

    Export transactions generally involve international sales contracts, whose clarity of terms is crucial to avoiding disputes between parties.
    CanadaInternational Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Can Police Officers Who Fail to Take a Complaint Seriously be Held Responsible? The Court Rules

    Jocelyn Hotte, a police officer and sniper with the Royal Canadian Mounted Police, shot his ex-wife, Lucie Gélinas, while she was driving a car with three other people in it. The three passengers were seriously injured in the shooting.
    CanadaInsurance
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    The Wal-Mart Case: Supreme Court Ruling Upholds Employers’ Right To Close Their Businesses

    On November 27, 2009, the Supreme Court of Canada handed down judgment in "Plourde v. Wal-Mart Canada Corp.", upholding a principle derived from a long line of Quebec cases which recognized an employer’s right to close its business, even for reasons relating to unionization of its workforce.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Regulatory Reform in Canada: Market Authorization and Protection of ''Extraordinary Use New Drugs''

    The Government of Canada introduced amendments to the Food and Drug Regulations (the "Regulations") and the Patented Medicines (Notice of Compliance) Regulations which provide an application process for the market authorization and protection of Extraordinary Use New Drugs ("EUNDs"). These amendments took effect on March 25, 2011.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Series Of Patents Found Not To Be Infringed Or Invalid (Intellectual Property Weekly Abstracts Bulletin (Week Of June 24, 2013)

    The Plaintiffs alleged infringement of two Canadian patents (‘375 and ‘064 Patents) and a Canadian Design Registration
    CanadaIntellectual Property
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Hong Kong Court of Appeal Confirms That Foreign States Do Not Benefit From Absolute Immunity

    On February 10, 2010, the Court of Appeal for the Special Administrative Region of Hong Kong ("HKSAR") delivered a landmark decision that will be welcomed by the international business community.
    Hong KongLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    The Criminal Aspect of a Breach of Duty to Not Endanger Employee Health and Safety

    On September 27, 2010, Justice Denis Lavergne of the Court of Quebec found that a business owner was guilty of criminal negligence causing death after a backhoe he was driving fatally struck an employee.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP

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