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Results:11-20 of 60

Alberta Privacy Commissioner seeks leave to appeal to the Supreme Court of Canada from a recent Alberta Court of Appeal decision
  • Stikeman Elliott LLP
  • Canada
  • June 16 2011

Alberta’s Information and Privacy Commissioner has applied for leave to appeal to the Supreme Court of Canada from the Alberta Court of Appeal’s decision in Leon’s Furniture v. The Information and Privacy Commissioner of Alberta.


Canadian ownership "restored": Federal Court of appeal puts the wind back in Globalive's sails
  • Stikeman Elliott LLP
  • Canada
  • June 9 2011

In a significant decision released yesterday, the Federal Court of Appeal has restored a Federal Cabinet Order that found that Globalive Wireless Management Corp. (Globalive) meets Canadian ownership requirements to operate as a telecommunications common carrier.


Supreme Court of Canada affirms that harm is a prerequisite for liability in dismissing a defamation class action
  • Stikeman Elliott LLP
  • Canada
  • April 20 2011

In its recent judgment, the Supreme Court of Canada refused to permit the certification of a class action by Arabic and Creole-speaking Montréal taxi drivers, who had asserted they had been subjected to the defamatory and discriminatory comments of a local radio host.


Court of Appeal for British Columbia bars indirect purchaser suits
  • Stikeman Elliott LLP
  • Canada
  • April 19 2011

On April 15, 2011, the Court of Appeal for British Columbia released judgments in two competition class actions which concluded for the first time in Canada that indirect purchasers of allegedly price-fixed products "have no cause of action recognized in law.


Application for leave to appeal set off decision denied in SemCAMS proceeding
  • Stikeman Elliott LLP
  • Canada
  • February 1 2011

The Alberta Court of Appeal recently denied an application by Celtic Exploration Ltd. ("Celtic") for leave to appeal a decision from a Companies’ Creditors Arrangements Act (Canada) ("CCAA") proceeding involving Celtic and SemCAMS ULC ("SemCAMS").


GSTHST deemed trust loses priority in CCAA reorganization
  • Stikeman Elliott LLP
  • Canada
  • January 25 2011

In Century Services Inc. v. Canada (Attorney General), released just before Christmas 2010, the Supreme Court of Canada overturned the prevailing case law that held that the deemed trust created in favour of the Crown under the Excise Tax Act (ETA) for collected but unremitted amounts of Goods and Services TaxHarmonized Sales Tax (GSTHST) survived in the context of a Companies' Creditors Arrangement Act (CCAA) reorganization.


Alberta Court of Appeal limits concept of "employer" in significant human rights case
  • Stikeman Elliott LLP
  • Canada
  • January 24 2011

In an important case for employers utilizing third party contractors and subcontractors, the Alberta Court of Appeal has ruled that the concept of an "employer" does not extend to the owner of an industrial site who receives the benefit of services provided by employees of an arm's length contractor.


Automatic resiliation: what's new 3 years later?
  • Stikeman Elliott LLP
  • Canada
  • January 7 2011

In a 2007 series of article dealing with issues of interest relating to commercial leases, we took a special look at the validity of contractual (extrajudicial) resiliation clauses.


How "the public" can equal one person
  • Stikeman Elliott LLP
  • Canada
  • December 8 2010

In early September 2010, the Federal Court of Appeal concurred with an earlier decision of the Canadian Copyright Board "(Board)" holding that the download by a single user of a music file from an online music service is a communication of the musical work to the public by telecommunication.


Appeal of UK case on effect of events of default on netting and payment obligations dismissed on consent
  • Stikeman Elliott LLP
  • United Kingdom
  • November 5 2010

If you were waiting to hear what the English Court of Appeal had to say about the lower court decision in Marine Trade S.A. v. Pioneer Freight Futures Co. Ltd. you’ll be disappointed, as the appeal was dismissed by consent of the parties on October 22, 2010.