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Tuesday, April 02, 2019 @ 8:24 AM

Canadian cannabis: Challenges and global opportunities cannabis_canadian_sm

On April 1, the first bricks-and-mortar cannabis retail stores became legal in Ontario. While cannabis was legalized countrywide on Oct. 17, the government-run online Ontario Cannabis Store has so far been the only legal outlet for cannabis in Ontario. Although Canada’s most populous province has only given 10 stores the green light to open on April 1, the first phase of cannabis legalization is now largely complete. ... [read more]

Monday, April 01, 2019 @ 10:32 AM

Observing World Health Day through Canadian legal lens xrayhead&Heart.jpg

World Health Day is recognized on April 7 each year. It was an initiative of the World Health Organization to draw attention to health issues on a global scale. ... [read more]

Monday, April 01, 2019 @ 9:06 AM

When the creditor of an estate is the trustee past_due_sm

You would argue that you are a creditor of the estate if the estate owes you money. Can you then act as executor or estate trustee of the estate if you are a creditor? ... [read more]

Friday, March 29, 2019 @ 11:49 AM

Why name of goods or services not good choice for trademark ricotta

An important limitation relating to registering and protecting trademarks is the prohibition relating to registering the name of the goods or service in issue. The Trade-marks Act provides that a trademark is not registrable if it is the name in any language of any of the goods or services in association with which it is used or proposed to be used. ... [read more]

Friday, March 29, 2019 @ 9:11 AM

For restrictive covenants, perpetuity means 40 years housing_contract_sm

A new restrictive covenant case has struck down the enforceability of a perpetual restrictive covenant: see Andrews v. Rago 2019 ONSC 800. ... [read more]

Thursday, March 28, 2019 @ 2:14 PM

Patent office’s misleading messages about software may discourage investment Busypeople&tech_sm.jpg

The government of Canada’s intellectual property (IP) strategy involves extensive efforts to educate Canadians about how IP tools, such as patents, can be used to protect their business assets. As the IP strategy explains, IP can be used by businesses to extract value from their ideas, create new revenue streams and raise capital. However, some of the Canadian Intellectual Property Office (CIPO)’s messaging about patents may make it harder for software-based businesses to attract investors. ... [read more]

Thursday, March 28, 2019 @ 12:07 PM

Problems with laboratory only determination of impairment Femaletechinlab_sm.jpg

The institutions responsible for toxicological analysis of biological samples are imperative for the fair trial of cases involving allegations of driving while impaired by drugs. However, while they can be conclusive on whether a drug was detected, they will not have the ability to determine the timelines of a person’s drug impairment. ... [read more]

Thursday, March 28, 2019 @ 8:46 AM

Budget affects stock options, TFSAs and Individual Pension Plans Canadian_Tax_sm

Finance Minister Bill Morneau has tabled the Liberal government’s federal budget. He forecasts another year of deficits — $15 billion for the current year, $20 billion for next year, and no forecast for a return to a balanced budget any time soon. This is a far cry from the government’s pre-election promise of balancing the budget by 2019 as they will have added $75 billion to the national debt under their current mandate. ... [read more]

Wednesday, March 27, 2019 @ 2:22 PM

Intentional tortfeasor not held contributorily liable for injury threepeoplebehinddesk.jpg

In Stoney v. Sound Stage Performance Inc. 2019 SKCA 18 (Stoney), the Saskatchewan Court of Appeal held The Contributory Negligence Act, RSS 1978, c C-31, did not allow “a defendant sued in negligence to commence a third party proceeding for contribution or indemnity based on an alleged intentional tort.” (at para. 4). ... [read more]

Wednesday, March 27, 2019 @ 9:27 AM

Share purchase agreements: Pre-closing tax liabilities corporate_tax_sm

In every share purchase agreement there are various provisions which allocate the risk associated with taxes amongst the buyer and the seller. While each agreement is unique in its details, reflecting the underlying objectives of the parties, there are general provisions, concepts and themes which can be seen in most share purchase agreements in Canada. One such theme is that buyers do not want to be responsible for taxes that relate to the target company’s pre-closing period. ... [read more]