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Wednesday, November 13, 2019 @ 2:37 PM

Trademark infringement with brand revival Radio microphone

A case before the Court of Queen’s Bench of Alberta raises some interesting trademark issues. Corus Radio Inc. and Corus Entertainment Inc. have sued Harvard Broadcasting Inc. for trademark infringement, among other things, relating to a series of registered trademarks which include the word POWER and the call letters of FM radio stations, namely 97, 107 and 92. The POWER 97 registration is a word mark but the other marks include design presentations such as the station’s logo. ... [read more]

Wednesday, November 13, 2019 @ 2:31 PM

Franchise disputes on rise in British Columbia lawyers_fighting_sm

These past several years have seen an uptick in franchise court decisions coming out of British Columbia. While the decisions have not yet started to apply provisions of B.C.’s new Franchises Act, which came into force in February 2017, they have otherwise started to gain steam. ... [read more]

Wednesday, November 13, 2019 @ 11:42 AM

The tragedy of A.M. v. C.H.: Time for an interventionist approach Couple arguing in counselling

The case of A.M. v. C.H. 2019 ONCA 764 is a custody dispute case involving the parental alienation of a 14-year-old boy who refused to live with his father despite a custody reversal order. Even more tragic, the son assaulted his father, resulting in a criminal no-contact order between them. To do nothing cannot be the best option. Rather, perhaps a novel approach should be tried by learning from the lessons found among the carnage of this case. ... [read more]

Wednesday, November 13, 2019 @ 11:15 AM

Farm to table to permanent residence farm_workers_sm

Canada’s agri-food industry encompasses all of the activities required to put food on the tables of Canadians. From feed to farming to foodservice work, it contributes over $110 billion to the country’s GDP and employs over 2.3 million people nationwide. Of these 2.3 million, tens of thousands are temporary foreign workers employed in many of the most unsavoury agricultural and food processing occupations, jobs that Canadians are increasingly unwilling to do. ... [read more]

Wednesday, November 13, 2019 @ 8:54 AM

Proposed changes to foreign affiliate dumping rules Two businessmen in discussion

Recent proposed changes to the Income Tax Act could impact many Canadian corporations with foreign affiliates. ... [read more]

Wednesday, November 13, 2019 @ 8:28 AM

Seeking compensation for wrongful deaths in B.C. HighwayofDeath.jpg

Respect for the dignity of the individual human being is the fundamental value underlying the assertion of rights in Canada. It is the basis for the rights to life, liberty, security of the person and equality under the law as articulated in the Canadian Charter of Rights and Freedoms. As expressed further in its foundational law, Canada strives to be a fair and just society.   ... [read more]

Tuesday, November 12, 2019 @ 1:17 PM

Rights of workers in gig economy KidworkingonMac.jpg

The Canadian economy is increasingly being disrupted by new global businesses based on Internet apps and platforms. They are providing precarious gig economy work. In some cases, these are the only alternatives for people who no longer have access to traditional paid employment. Often this is because local employers have been driven out of business by the new competition. ... [read more]

Tuesday, November 12, 2019 @ 9:11 AM

Limitation periods in disability claims: Clarke v. Sun Life Close up of June 2017 date

A recent court decision highlights the complex issue of limitation periods within the world of disability claims. It also offers an important examination of the ongoing tension in the policy positions underlying divergent perspectives. ... [read more]

Tuesday, November 12, 2019 @ 8:59 AM

Learning from the U.S. and vice versa american_legal_sm

Jeffrey Leon, a partner at Bennett Jones LLP in Toronto, has just completed a one-year term as only the second Canadian president of the American College of Trial Lawyers (ACTL). ... [read more]

Monday, November 11, 2019 @ 6:10 PM

Changes to family law legislation: Implications for non-married couples Couple looking at contract

Upon the breakdown of a common law relationship in Alberta, the parties have to rely on complex legal doctrines to establish their respective rights to property acquired during their relationship. However, this will change when Bill 28, the Family Statutes Amendment Act, 2018, becomes law on Jan. 1, 2020. ... [read more]