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Criminal and related antitrust developments in 2012: Canada and the world
  • Fasken Martineau DuMoulin LLP
  • Australia, Canada, China, European Union, India, Japan, New Zealand, South Korea, United Kingdom, USA
  • April 2 2013

This article outlines the major global criminal and related antitrust developments in 2012, with a focus on Canada. Three salient realities


Supreme Court of Canada denies leave on Aboriginal claim for breach of fiduciary duty
  • Fasken Martineau DuMoulin LLP
  • Canada
  • January 30 2013

On January 17, 2013, the Supreme Court of Canada denied the Blood Tribe's application for leave to appeal the Alberta Court of Appeal's decision in


Court of Appeal specifies criteria that apply to authorizations to institute actions for secondary market liability (s. 225.4 of the Securities Act)
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 22 2013

On February 24, 2012, the Superior Court rendered Québec's first decision on the application of the new provisions of the Securities Act (the


Court of Appeal decision highly awaited on the authorization to institute an action under the secondary market liability provisions of Section 225.4 of the Securities Act
  • Fasken Martineau DuMoulin LLP
  • Canada
  • April 8 2013

On February 24, 2012, the Superior Court rendered the first decision in Quebec on the application of the new provisions of the Securities Act (the


Patent exhaustion does not allow a purchaser to make new copies of patented seeds
  • Fasken Martineau DuMoulin LLP
  • Canada
  • May 16 2013

In a concise unanimous decision1, the Supreme Court of the United States has ruled in favor of Monsanto against a farmer who reproduced patented


Court of Appeal dismisses Canadian Franchise Association's motion to intervene in the Dunkin’ Donuts matter
  • Fasken Martineau DuMoulin LLP
  • Canada
  • May 17 2013

The decision handed down by trial judge Daniel H. Tingley in a case pitting 21 former "Dunkin' Donut" franchisees against their franchisor, Dunkin'


Alberta court rejects Chaoulli-like challenge on evidentiary grounds
  • Fasken Martineau DuMoulin LLP
  • Canada
  • April 21 2014

An Alberta court has rejected a Chaoulli-like challenge to the Province's statutory prohibition on private health insurance. However, unlike Chaoulli


Sign language: court clarifies that under the charter, a trademark does not equal a trade-name
  • Fasken Martineau DuMoulin LLP
  • Canada
  • April 28 2014

Legal action was triggered after several retailers received cease and desist letters from the Office québécois de la langue franç


Hate speech in the Supreme Court: Saskatchewan v. Whatcott
  • Fasken Martineau DuMoulin LLP
  • Canada
  • March 13 2013

The Supreme Court of Canada has unanimously confirmed that precisely focused legislative prohibitions of hate speech in human rights legislation are


Workplace investigation key to avoiding liability in discrimination claims
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 20 2014

In a recent case the Ontario Human Rights Tribunal ruled that while an employer had responded appropriately to some complaints of harassment, its