New electronic health records legislation on the horizon in Ontario *

Canada - June 5 2013
The Liberal government in Ontario has introduced significant new amendments to its health privacy legislation, the Personal Health Information…

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Infringing via the unspoken: Marlboro appeal increases scope of confusion for trade-marks infringement *

Canada - July 10 2012
In an eagerly anticipated decision, the Federal Court of Appeal has allowed in part Imperial Tobacco’s unique infringement lawsuit against Philip Morris in the Marlboro Canada Ltd.

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“Idea theft” lawsuits gain new life in United States *

Canada, USA - June 29 2012
In a case with several important echoes to Canadian appellate law, the United States Court of Appeals for the Second Circuit has revived the actor’s Hayden Christensen’s “idea theft” lawsuit against the USA Network this week in the Forest Park Pictures v. Universal Television Network Inc. decision.

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Dunsmuir and the demise of deference – or – why ministers just can’t get no respect *

Canada - May 4 2012
In a judgment illustrating how the Dunsmuir analysis is to be applied to ministerial decisions, Mainville J.A. for the unanimous Federal Court of Appeal (the “FCA”) ruled that a Minister is not entitled to the same level of deference as an administrative tribunal when interpreting their ‘home’ statute(s).

Co-authors: Curtis E Marble.

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The lion roars – but can it be trade-marked? *

Canada - April 2 2012
As followers of the Canadian trade-marks scene will almost certainly have learned, last week Metro-Goldwyn-Mayer succeeded in a long-running battle with the Canadian Intellectual Property Office in getting a trade-mark registration for its longstanding “roaring lion” sound mark.

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