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Friday, September 21, 2018 @ 2:20 PM

Clients, counsel walking on sunshine after court clarifies Interest Act in solar decision solarpower_sm.jpg

The Ontario Court of Appeal recently released its decision in Solar Power Network Inc. v. ClearFlow Energy Finance Corp. 2018 ONCA 727. Previously, an application judge found that the use of an annualizing formula (a widely accepted mechanism in commercial agreements) failed to satisfy s. 4 of the Interest Act. ... [read more]

Friday, September 21, 2018 @ 11:30 AM

Challenging a competitor’s patent at the patent office Copieddesigns2_sm.jpg

A court action is the most effective proceeding to invalidate a competitor’s patent, since invalidity issues can be explored in detail with significant expert evidence to assist the court. However, patent litigation can be expensive and time consuming. Patent offices have developed their own, less elaborate mechanisms to permit third parties to challenge patents pre-grant or post-grant outside court. In certain circumstances, these processes are useful to invalidate patents or limit their scope of protection. This article outlines some methods to challenge granted patents in the U.S. and Europe. ... [read more]

Friday, September 21, 2018 @ 8:57 AM

Time runs out as Ontario court bars claim against tax lawyer time_out_sm

Imagine the following scenario. Clients retain tax lawyers to review assessments made by the Canadian Revenue Agency (CRA). Their tax lawyers recommend appealing the CRA assessments. Two years later, the tax lawyers reverse their advice: the merits of the appeal to the CRA are not as strong as once thought. The clients — already invested in pursuing the appeal to the CRA — retain new counsel and continue the litigation. The clients are ultimately found to have tax liability. ... [read more]

Thursday, September 20, 2018 @ 2:50 PM

Recent ruling presages sunset on pharmaceutical patent cases sunset

In what is likely one of the last cases to be litigated twice following the recent changes to Canada’s pharmaceutical patent regulations, Justice George Locke of the Federal Court of Canada allowed Teva’s claim for s. 8 damages in relation to its generic bortezomib product and dismissed Janssen’s counterclaim for the infringement of three patents (Teva Canada v. Janssen 2018 FC 754). ... [read more]

Wednesday, September 19, 2018 @ 2:21 PM

Cyber losses: A serious organizational risk in the modern world thiefintocellphone_sm.jpg

Losses and costs relating to cyber liability incidents have escalated exponentially given that the world has become much more computer-dependent and technology is rapidly advancing. The losses suffered by organizations for cyber incidents that interrupt their operations as well as liability to third parties (customers, patients or others) have become commonplace. The question facing organizations today is not if they will suffer a cyberattack but when. ... [read more]

Wednesday, September 19, 2018 @ 8:47 AM

The ‘executor’s year’ and the rule of convenience time_estatelaw_sm

Our law of succession is an old one. A very old one. For example, consider the role of the “executor” of an estate. Given the fiduciary nature of the office one might expect that its genesis was in Roman law. In fact, it arose in English law from Germanic testamentary customs that made their way into England with the Saxons. Later it developed into its modern form through the interaction of canon and secular law, and, ecclesiastical and temporal courts, over centuries. ... [read more]

Tuesday, September 18, 2018 @ 12:46 PM

Risks of intimate partner homicide to lawyers, mediators, clients and families businessmanmurder_sm.jpg

It is a fact that many more women die by the hand of their intimate partner than by any other means. There were 18 women killed and two men killed in Canada from January to April 2018 by their intimate partners, making a mockery of the words “I love you” and “to love, honour and cherish.” ... [read more]

Tuesday, September 18, 2018 @ 9:31 AM

Search and seizure of electronic data: too much of a good thing data_security_sm

Seizures of electronic data have become the equivalent of trying to catch trophy fish using bottom trawling nets. Like large, weighted fishing nets dragged across the seafloor, unselectively scooping up everything in their path, seizures of data invariably and easily net their own form of digital bycatch. ... [read more]

Monday, September 17, 2018 @ 1:19 PM

Tribunal finds requirement for permanent eligibility to work in Canada discriminatory 2menchasm.jpg

In a case recently heard by the Human Rights Tribunal of Ontario, an employer had posted a job advertisement looking for a project engineer (Haseeb v. Imperial Oil Limited 2018 HRTO 957). The employer required applicants for this position to be permanently eligible to work in Canada, and made this requirement clear throughout the job application and interview process. The applicant applied for the position and initially indicated that he was permanently eligible to work in Canada. ... [read more]

Monday, September 17, 2018 @ 11:50 AM

Court of Appeal decision has bizarre implications for insurance law floodedhouse_sm.jpg

On Sept. 4, in an opinion likely to have significant implications to the field of insurance law, the Ontario Court of Appeal held that a policyholder’s cause of action against its insurer began to run the day after the claim had been submitted. On that basis, in Nasr Hospitality Services Inc. v. Intact Insurance 2018 ONCA 725, the court allowed Intact’s appeal, and granted summary judgment in its favour. If this decision stands, policyholders will be justified in filing suit immediately, with insurers obligated to pay resulting legal fees, even on claims the insurer intends to pay. ... [read more]