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Supreme Court Of Canada Cases To Watch: Fall 2019
This week, the Supreme Court of Canada (SCC) began its regular Fall sittings.
17 Oct 2019
SCC Clarifies Scope Of Crown Copyright
The decision of the Supreme Court of Canada (the "Court") in Keatley Surveying Ltd. v. Teranet Inc. represents the Court's first opportunity to examine the scope and application of section 12 of the Copyright Act.
16 Oct 2019
Masters Cannot Use "Enhanced Powers" To Decide Motions For Summary Judgment
In R & V Construction v. Baradaran1 (the "Baradaran Decision"), the Ontario Superior Court of Justice ruled that masters cannot weigh evidence, assess credibility, or draw reasonable inferences when determining motions for summary judgment.
8 Aug 2019
Evolution Technologies Earns Two Crucial IP Victories In The Federal Court Of Appeal
The Federal Court of Appeal has now fully reversed a judgment of the Federal Court of Canada that had threatened to devastate the business of Evolution Technologies Inc., a Canadian-owned designer and manufacturer ...
5 Aug 2019
Court Of Appeal Clarifies Scope Of Vesting Orders To Extinguish Interests Against Land; Royalty Interests May Be Protected
The Ontario Court of Appeal recently released its second and final decision in Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc., providing increased clarity on when interests in or against land ...
14 Jul 2019
It's About The Parties' Entire Relationship – SCC Clarifies Independent Contractor vs. Employee Classification
In its recent decision Modern Cleaning Concept Inc. v Comité paritaire de l'entretien d'édifices publics de la région de Québec, the Supreme Court of Canada (SCC) considered the distinction
14 Jul 2019
Hurdles To Certifying A Cyber-Attack Class Action
A recent decision from the Ontario Superior Court of Justice highlights some of the difficulties plaintiffs might face when seeking to certify a class action relating to the disclosure of personal information from a cyber-attack.
16 Jun 2019
Saskatchewan Court Of Appeal Rules Federal Carbon Price Is Constitutionally Valid
On May 3, 2019, in a 3-2 ruling, the Court of Appeal for Saskatchewan (the "Court of Appeal") found the Greenhouse Gas Pollution Pricing Act (the "Act") to be constitutionally valid.
26 May 2019
Stop That Sale!
The first U.S. Supreme Court patent-related decision of 2019 has confirmed the long standing rule that commercial exploitation of a patentable invention may bar the issuance of a patent in the U.S., even where there is no public disclosure of the invention!
12 Feb 2019
Court Of Appeal Invalidates Uber's Arbitration Clause
The plaintiff, David Heller, was an Uber Eats driver.
22 Jan 2019
Federal Court Of Appeal Sheds Light On Crown Prerogative And Copyright
The Federal Court of Appeal ("FCA") recently released its judgment in P.S. Knight Co. Ltd. v. Canadian Standards Association, 2018 FCA 222.
21 Jan 2019
Supreme Court Of Canada Refuses Leave To Appeal On Insider Trading And Tipping Restrictions Case
On December 13, 2018, the Supreme Court of Canada dismissed applications by Howard Jeffrey Miller and Man King Cheng for leave to appeal the Ontario Court of Appeal's decision in Finkelstein
28 Dec 2018
Who Foots The Bill? Notice-And-Notice, Norwich Orders And Compliance Costs
On September 14, 2018, the Supreme Court of Canada rendered its decision in Rogers Communications Inc. v Voltage Pictures, LLC, an appeal from the Federal Court of Appeal, affirming copyright owners ...
5 Nov 2018
Delaware Court Allows Buyer To Walk Due To Material Adverse Change
In a recent high-profile decision, Akorn, Inc. v. Fresenius Kabi AG, et al. C.A. No. 2018-0300-JTL (Del. Ch. Oct. 1, 2018), the Delaware Court of Chancery ruled that German healthcare company Fresenius ...
12 Oct 2018
Supreme Court Of Canada Discusses Negligence And Duty Of Care In Stolen Car Case
Today, in Rankin (Rankin's Garage & Sales) v JJ, the Supreme Court of Canada (SCC) overturned an Ontario Court of Appeal decision which found that an owner of a commercial car garage owed a duty of care to a teenager who was injured after he and his friend stole a vehicle from the garage and went on a joyride
20 May 2018
Extra-Jurisdictional Evidence Gathering In Class Certification Motions
With no right of discovery in advance of certification, class counsel have been increasingly looking for other avenues to obtain information to assist with their certification motions.
17 May 2018
Federal Court Of Appeal Affirms Common Interest Privilege In Commercial Transactions
The Federal Court of Appeal, in Iggillis Holdings Inc. et al. v. Minister of National Revenue, has overturned a lower court decision that had called into question the application of "common interest privilege"...
21 Mar 2018
SCC Green Lights Jumbo Ski Resort Development, Dismisses Infringement Claim On Grizzly Bear Spirit
On the facts before it, the SCC was satisfied that deep consultation had taken place and that the Minister's conclusion that sufficient consultation had taken place was not unreasonable.
22 Nov 2017
Douez v. Facebook: SCC Provides Further Guidance On The Enforceability Of Online Consumer Contracts
You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for purpose of litigating all such claims.
17 Jul 2017
Global Effects Of Google's Interlocutory Injunction
Last week, the Supreme Court of Canada, in Google v. Equustek Solutions Inc., ruled that Google could be ordered by a Canadian court to delist worldwide the website of an organization...
16 Jul 2017
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