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Bereskin & Parr LLP | Canada | 17 Sep 2021

Federal Court of Appeal provides jolt to voltage’s reverse class action

The Federal Court of Appeal (FCA) has re-opened the door for copyright owners to seek remedies against a class of defendants for their direct…
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Aird & Berlis LLP | Aird & McBurney LP | Canada | 11 Sep 2021

Federal Court of Appeal Affirms Use of Reverse Class Actions For Copyright Infringement Claims

On September 8, 2021, the Federal Court of Appeal released its decision in Salna v. Voltage Pictures, LLC, 2021 FCA 176 regarding certification of a…
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Gowling WLG | Canada | 12 Aug 2021

Federal Court of Appeal upholds CCM's defence of Bauer's patent infringement lawsuit

On August 12, 2021, the Federal Court of Appeal dismissed Bauer's appeal, which sought to overturn the May 2020 dismissal of its patent infringement…
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Gowling WLG | Canada | 4 Aug 2021

Only the excess - Federal Court of Appeal criticizes PMPRB for engaging in consumer protection

In an important decision released on July 29, the Federal Court of Appeal strongly criticized a decision of the Patented Medicine Prices Review Board…
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Gowling WLG | Canada | 27 Jul 2021

FCA upholds award of compound interest in Cefaclor damages appeal

In the latest Cefaclor decision, the Federal Court of Appeal has upheld the award of compound interest as damages for the time value of money lost…
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Fasken | Canada | 21 Jul 2021

Equitable Compensation in Indigenous Rights Cases Must Be Consistent with the Crown’s Fiduciary Duty

On July 16, 2021, the Supreme Court of Canada released its judgment in Southwind v. Canada, 2021 SCC 28, in which the Court allowed an appeal brought…
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Lexology PRO | Canada | 20 Jul 2021

Canadian enforcer’s interim relief powers scrutinised during merger challenge

Canada’s Competition Bureau cannot seek the unwinding of a merger as a form of interim relief, an industrial waste disposal company has argued as it attempts to fend off the enforcer’s challenge to its already-completed purchase of a rival.
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Thorsteinssons LLP | Canada | 5 Jul 2021

Federal Court of Appeal confirms trust deed gave public corporation de facto control over a private corporation wholly owned by the trust

In Bresse Syndics Inc. v. The Queen, 2021 FCA 115 (sub nom. CO2 Solution Technologies Inc.), the Federal Court of Appeal (“FCA”) considered the extent…
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McCarthy Tétrault LLP | Canada | 22 Jun 2021

Federal Court of Appeal Affirms: Summary Adjudication of Patent Disputes is Viable in Canada

In its decision ViiV Healthcare Company v Gilead Sciences Canada Inc. 2021 FCA 122 the Federal Court of Appeal has affirmed one of the first patent…
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Gowling WLG | Canada | 20 Apr 2021

Federal Court of Appeal defers to Health Canada on interpretation of CSP Regulations

In its first decision addressing and interpreting the scope of the Certificate of Supplementary Protection Regulations, the Federal Court of Appeal…
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