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Results:1-10 of 59

Federal Court of Appeal upholds competition tribunal's decision in the Tervita (CCS) merger
  • Stikeman Elliott LLP
  • Canada
  • April 5 2013

On February 25, 2013, the Federal Court of Appeal (FCA) released its decision upholding the Competition Tribunal's Order requiring that Tervita


OSC registrant compliance report flags deficiencies and provides guidance
  • Stikeman Elliott LLP
  • Canada
  • November 10 2011

On September 23, the Ontario Securities Commission released OSC Notice 33-736 2011 Annual Summary Report for Dealers, Advisers and Investment Fund Managers.


Used car dealers association accuses insurance bureau of refusal to deal
  • Stikeman Elliott LLP
  • Canada
  • September 20 2011

On September 9, 2011, the Competition Tribunal released a decision granting leave to the Used Car Dealers Association of Ontario (UCDA) to bring an application against the Insurance Bureau of Canada (IBC) seeking redress under the “refusal to deal” provisions contained in section 75 of the Competition Act.


Missing the bull's-eye - Target fails to get interlocutory injunction against use of registered trade-mark
  • Stikeman Elliott LLP
  • Canada
  • August 17 2011

A recent decision by the Federal Court showed once again that there is a high threshold for the granting of interlocutory injunctions.


Federal Court of Appeal confirms that Eli Lilly's patent to atomoxetine is invalid for lack of utility
  • Stikeman Elliott LLP
  • Canada
  • August 15 2011

The Federal Court of Appeal recently released its decision in Eli Lilly and Company v Teva Canada Ltd, confirming the trial court’s finding that Canadian Patent No. 2,209,735 (the 735 patent), which claims a new use for an old medicine that has long been in the public domain (the use of atomoxetine for treating attention deficit hyperactivity disorder (ADHD) in three of its manifestations among all age groups), is invalid.


Highly anticipated ERT decision issued for Erickson v Director, Ministry of Environment
  • Stikeman Elliott LLP
  • Canada
  • July 28 2011

On July 18, 2011, The Environmental Review Tribunal (ERT) issued its highly anticipated decision in Erickson v Director, Ministry of Environment.


Employer liable for long-term disability coverage during the common law notice period
  • Stikeman Elliott LLP
  • Canada
  • June 9 2011

In Brito v. Canac Kitchens, the Ontario Superior Court awarded substantial damages against the employer for wrongful dismissal, including damages for lost disability benefits, payment in lieu of a 22-month notice period and $15,000 in punitive damages due to the employer’s “hardball” approach to the termination of a long-service employee.


Ontario court finds constructive dismissal not suitable for class action proceeding
  • Stikeman Elliott LLP
  • Canada
  • April 26 2011

In Kafka v. Allstate Insurance Company of Canada, the Ontario Superior Court found that a proposed class action by former employees of Allstate who alleged that they were constructively dismissed is not suitable for certification.


Requiring knowledge of English for an employment position or office can be an infringement of the Charter of the French Language
  • Stikeman Elliott LLP
  • Canada
  • April 19 2011

In Québec, section 46 of the Charter of the French language1 (the Charter) prohibits employers from making the obtaining of an employment or office dependent on knowledge, or a specific level of knowledge, of a language other than French (Québec's official language), unless the nature of the duties requires such knowledge.


Privacy Commissioner can now be choosier about complaints she investigates
  • Stikeman Elliott LLP
  • Canada
  • April 4 2011

Legislative amendments proclaimed in force last week mean that the Privacy Commissioner of Canada may now be more selective about the complaints her office decides to investigate.