Theall Group LLP | Canada | 21 Sep 2021
A recent case provides guidance on the use of an expert's report when interpreting an important exclusion on a duty to defend application. If an insured is presented with only preliminary findings that call for further investigation, this will not rise to the level of knowledge required to find that a loss was "expected" and, therefore, excluded from coverage. If an insured is only presented......
Smart & Biggar | Canada | 20 Sep 2021
There are many misconceptions or "myths" about patents that have found their way into popular discourse. In this article, five common myths about patents are addressed to help business leaders and technology managers better separate fact from fiction and make informed decisions to protect investments made in innovation.
Smart & Biggar | Canada | 15 Sep 2021
The Federal Court of Appeal recently dismissed Seedlings' appeal from the Federal Court decision of Justice Grammond, which concluded that certain claims of Seedlings' LifeCard patent were invalid and not infringed by Pfizer's next-generation EpiPen. The patent in question relates to an auto-injection device, primarily used for the administration of epinephrine in treating symptoms of......
Smart & Biggar | Canada | 8 Sep 2021
In 2017 the Patented Medicine Prices Review Board (the board) decided that Alexion's Soliris (eculizumab) was sold at an excessive price. However, the Federal Court of Appeal recently set aside the Federal Court's decision to dismiss Alexion's application for judicial review and remitted the matter to the board for redetermination, directing it "to examine the evidence, interpret the......
KPMG Law | Canada | 25 Aug 2021
The Federal Pay Equity Commissioner and the Minister of Labour have jointly announced that the new federal Pay Equity Act and its supporting regulations will shortly come into force. The act sets out a scheme which is designed to ensure that, on average, women and men in federally regulated workplaces receive equal pay for work of equal value, and it includes significant penalties for failure......
WeirFoulds LLP | Canada | 11 Aug 2021
The Quebec Superior Court recently allowed a class action to proceed against Sunwing Airlines on the grounds that it had offered passengers travel credits rather than refunds for flights cancelled due to the covid-19 pandemic. However, the Court did not allow the claim to proceed against other air carriers that had also initially offered some passengers travel credits instead of refunds but......
Smart & Biggar | Canada | 11 Aug 2021
The Patented Medicines Prices Review Board recently announced a consultation on proposed changes to the new guidelines (which, like the amendments to the Patented Medicines Regulations, are now due to come into effect on 1 January 2022). The changes include an amendment to the definition of "gap medicines" and revised international price tests.
Lapointe Rosenstein Marchand Melançon LLP | Canada | 3 Aug 2021
The Federal Court recently decided on a matter of alleged trademark and copyright infringement. This case is an important example of how franchisors can use trademark and copyright legislation to protect their brand and enforce ownership of their franchise system. It also serves as a reminder for franchisors to ensure that the copyright in various materials used in the franchise system is......
Smart & Biggar | Canada | 21 Jul 2021
The coming into force of the amended Patented Medicines Regulations has been delayed for a third time. The amendments, once in force, will add new price regulatory factors, revise the list of reference countries and modify reporting requirements for particular categories of drugs. The Patented Medicine Prices Review Board Guidelines have also been delayed until 2022.
KPMG Law | Canada | 14 Jul 2021
Contradicting a case decided just months earlier, the Superior Court of Justice in Taylor v Hanley Hospitality Inc has determined that an employee who is deemed to be on infectious disease emergency leave under the Employment Standards Act 2000 cannot claim constructive dismissal under the common law.