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Smart & Biggar | Canada | 3 Dec 2018

Anti-dilution remedy not limited to registered trademarks

Section 22 of the Trademarks Act, depreciation of a registered trademark's goodwill, is a potentially powerful yet generally underused weapon for dealing with damaging comparative advertising campaigns. Dilution-type claims to prevent comparative ads displaying a registered trademark are particularly complex as they require that the advertising actually 'use' the registered mark within the......
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Dentons | Canada | 13 Nov 2018

Supreme Court of Canada to rule on what happens to pension when pensioner disappears into thin air

The Supreme Court of Canada recently agreed to hear an appeal of a Quebec case concerning the obligations and rights of a pension plan administrator after a pensioner went missing. In their decisions, the lower courts agreed that the university had been correct to continue the monthly pension payments for the five years that the pensioner had been missing because the pensioner was presumed to......
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Fasken | Canada | 24 Oct 2018

Not all questions are good questions: avoiding discriminatory interview practices

Much ink has been spilled over a recent decision by the Public Service Commission of Canada on the topic of discriminatory interview practices, in which the commission found that the plaintiff had been discriminated against when she was denied a role due to her pregnancy. The decision serves as a cautionary tale for employers not only with regard to the types of question that may be asked......
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Dentons | Canada | 23 Oct 2018

Cheers to interprovincial trade: first application of Supreme Court of Canada's decision in R v Comeau

The Alberta Court of Queen's Bench recently struck down successive mark-ups on out-of-province craft beer as barriers to interprovincial trade contrary to Section 121 of the Constitution Act 1867. This is the first decision to apply the Supreme Court of Canada's interpretation of Section 121 as developed in R v Comeau. Further, this is the first decision in recent Canadian legal history to......
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Borden Ladner Gervais LLP | Canada | 27 Sep 2018

Court clarifies when international arbitral awards become binding

The Ontario Court of Appeal recently interpreted when an international commercial arbitration award becomes binding on the parties for the purposes of judicial recognition and enforcement of foreign arbitral awards. It held that the determination of whether an award is binding pursuant to Articles 35 and 36 of the United Nations Commission on International Trade Law Model Law rests with the......
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Smart & Biggar | Canada | 26 Sep 2018

Tobacco companies cannot compel production of health records

The province of British Columbia recently brought an action against Philip Morris International and other tobacco manufacturers to recover healthcare costs relating to the treatment of diseases caused or contributed to by exposure to a tobacco product pursuant to the Tobacco Damages and Healthcare Costs Recovery Act. The Supreme Court of Canada held that British Columbia could not be......
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Smart & Biggar | Canada | 10 Sep 2018

Alexion denied leave to appeal in case challenging constitutionality of PMPRB's remedial powers

The Supreme Court of Canada recently dismissed Alexion Pharmaceuticals' application for leave to appeal the Federal Court of Appeal decision in Alexion Pharmaceuticals Inc v Canada (Attorney General). The Federal Court of Appeal had dismissed Alexion's challenge of the constitutionality of certain Patent Act provisions relating to the Patented Medicine Prices Review Board's remedial powers.
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Dentons | Canada | 26 Jun 2018

Supreme Court of Canada rules that religious association decisions not open to judicial review

A recent Supreme Court of Canada decision concerning a religious association has confirmed that judicial review is not available to review decisions made by private entities that are not exercising statutory authority. While the courts may still review decisions of private entities where causes of action are based on a contract or other underlying legal right, the Supreme Court of Canada has......
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Dentons | Canada | 15 May 2018

Supreme Court of Canada upholds trade barrier in beer import case

The Supreme Court of Canada recently determined that New Brunswick's restrictions on the importation of beer are constitutional and held that laws which create an incidental restriction on trade – but otherwise form a rational connection to a broader regulatory regime that is not targeted at restricting trade – will not contravene the Constitution Act 1867. The decision is controversial, as......
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Dentons | Canada | 1 May 2018

Court accepts joint submission and orders employer to pay fine of C$100,000 following workplace fatality

The Territorial Court of the Northwest Territories recently considered and accepted a joint submission from the crown and defence, sentencing an employer to a C$100,000 fine. The court considered the significance of a joint submission, noting that it is usually the result of a negotiation process between lawyers. This process is important to the administration of justice; thus, the courts......
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