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Supreme Court of Canada upholds trade barrier in beer import case
  • Dentons
  • Canada
  • May 15 2018

The Supreme Court of Canada recently determined that New Brunswick's restrictions on the importation of beer are constitutional and held that laws

Indigenous gaming issues in Canada
  • Dickinson Wright
  • Canada
  • January 12 2018

The current division of jurisdiction over gaming in Canada came about as a result of a Federal-Provincial Agreement that was entered into in 1985

Supreme Court of Canada Grants Leave to Appeal in Fairmont Hotels Inc.
  • Bennett Jones LLP
  • Canada
  • December 10 2015

The Supreme Court of Canada recently granted leave to appeal from the Ontario Court of Appeal decision in Fairmont Hotels Inc v Canada (Attorney

Update: Dunkin’ Donuts on its way to the Supreme Court of Canada
  • McCarthy Tétrault LLP
  • Canada
  • June 26 2015

We previously wrote about the decision rendered by the Québec Court of Appeal against Dunkin’ Brands Canada Ltd. in connection with its litigation

Implications of U.S. patent seed case for Canadian agribusiness
  • Blake Cassels & Graydon LLP
  • USA, Canada
  • February 27 2013

On February 19, 2013, the Supreme Court of the United States (SCOTUS) heard arguments in Monsanto Company, et al. v. Vernon Hugh Bowman, a case which

Alberta Court of Appeal finds Powley criteria apply to Métis Settlement members
  • Fasken
  • Canada
  • January 22 2013

In L'Hirondelle v. Alberta (Sustainable Resource Development), 2013 ABCA 12, the Alberta Court of Appeal confirmed the Powley test remains applicable

"Zipping" liability in the bud: Zip-line waiver withstands court's scrutiny
  • McMillan LLP
  • Canada
  • June 14 2012

The British Columbia Court of Appeal recently upheld a lower court decision that two customers who signed waivers before embarking on a Zip-Trekking outing were prevented from suing Cougar Mountain Adventures Ltd.

My jurisdiction or yours? SCC sets new and improved jurisdiction test in Canada
  • Fasken
  • Canada
  • April 25 2012

On April 18, 2012 the Supreme Court of Canada changed the "real and substantial connection" test for determining when a Canadian court is allowed to take jurisdiction over a foreign (extra-provincial or international) defendant.

Club Resorts Ltd. v Van Breda: the Supreme Court of Canada considers the test for jurisdiction
  • Norton Rose Fulbright
  • Canada
  • April 19 2012

The Supreme Court of Canada’s decision in Club Resorts Ltd. v Van Breda addresses the legal test for when a Canadian court should assume jurisdiction over an out-of-province defendant.

BCCA adresses Tercon test for public policy and exemption clauses
  • McCarthy Tétrault LLP
  • Canada
  • March 19 2012

In its well-known decision in Tercon Contractors, the Supreme Court of Canada set out a three-part test for the enforceability of contractual exemption clauses.