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Torkin Manes LLP | Canada | 5 Feb 2020

How Do Courts Analyze Tribunal Decisions? Supreme Court of Canada Ushers in a New Age of Judicial Review

When Courts are asked to scrutinize tribunal or administrative decisions, the first question is the standard of judicial review they should apply…

Smart & Biggar | Canada | 26 Feb 2018

Federal Court of Appeal approves website seizure and Anton Piller order against online copyright piracy platform

On February 20, 2018, the Federal Court of Appeal issued its judgment in Bell Canada v. Lackman (2018 FCA 42), declaring that an interim injunction…

Miller Thomson LLP | Canada | 5 Feb 2018

Hail Mary Pass to Supreme Court Missed Its Mark: Application to Stay CRTC Order Prohibiting Simultaneous Substitution during the Super Bowl Dismissed

Canadians watching "The Big Game" last night on U.S. network television were able to see the much-anticipated commercials from the American broadcast…

McCarthy Tétrault LLP | Canada | 19 Apr 2017

Information location tool and fair dealing copyright defenses rejected: Trader v CarGurus

If you’ve ever shopped for a used car, you likely know the two popular services, and CarGurus. In a decision released earlier this week…

Borden Ladner Gervais LLP | Canada | 29 Mar 2017

Appeal of decision granting an interlocutory injunction dismissed

This was an appeal of the Federal Court's decision granting an interlocutory injunction to prevent the Appellants from among other things, advertising…

Borden Ladner Gervais LLP | Canada | 18 Jan 2017

Successful Defendant Awarded Costs Elevated by 50% for Most Issues and on Solicitor-and-Client Basis for Withdrawn Punitive Damages Claim

In this infringement action, the Court held the patent at issue valid and not infringed. The Court noted that there were unusual developments over the…

McCarthy Tétrault LLP | Canada | 17 Jan 2017

NPEs Beware: Contorted Construction of a Patent Will Attract Elevated Costs

On January 4, 2017, the Honourable Justice Locke of the Federal Court of Canada released his decision in Mediatube Corp. et al. v. Bell Canada, 2017…

Stikeman Elliott LLP | Canada | 15 Dec 2016

Competition Bureau clears McKesson's acquisition of Rexall Health, subject to conditions

On December 14, the Competition Bureau entered into a consent agreement with McKesson Corporation in relation to its acquisition of Rexall Health…

Borden Ladner Gervais LLP | Canada | 30 Nov 2016

Interplay between Broadcasting Act and Copyright Act Considered in Respect of Retransmission

The Ontario Superior Court of Justice was considering a request by VMedia for an order declaring that its new internet retransmitting service does not…

Borden Ladner Gervais LLP | Canada | 28 Sep 2016

Intellectual Property Weekly Abstracts Bulletin

In a patent infringement action, the defendant brought a motion relating to read-ins of portions of the Examinations for discovery. In particular, the…
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