Focus On



Wednesday, March 25, 2020 @ 1:46 PM

Sovereignty begins at home: Inuit and Northwest Passage MapofArctic

The fabled Northwest Passage, connecting the world’s two largest oceans along the northern coast of North America through the Canadian Arctic Archipelago, is fast becoming a present day reality. Non-Inuit have dreamed of using the passage as a commercial shipping lane since long before Franklin’s lost expedition. But the presence of year-round ice left the passage largely unnavigable and kept those dreams at bay. Until now. ... [read more]

Wednesday, March 25, 2020 @ 8:34 AM

Remote contract review helps lawyers respond to COVID-19 communications_tech_sm

The COVID-19 pandemic is having a widespread and indiscriminate impact on the global economy. Canada is expected to join a growing number of governments mandating closure of non-essential businesses in the coming days. This will push many companies into survival mode. ... [read more]

Tuesday, March 24, 2020 @ 1:55 PM

Latest development concerning bad faith, trademarks Drawing

When the government implemented its 2018 intellectual property strategy, the Trademarks Act was amended to add bad faith as a ground for the invalidation of a trademark registration and as a ground of opposition. The registration of a trademark is invalid if the application for registration was filed in bad faith. Similar considerations apply in the opposition of a trademark application. To date no Canadian decisions have considered “bad faith” under the amendments but it is just a matter of time before this occurs. ... [read more]

Tuesday, March 24, 2020 @ 1:07 PM

Regulating cryptocurrency exchanges: The courts struggle bitcoin_investing_sm

Cryptocurrency remains, in many ways, a novel asset class. No surprise, then, that courts in many jurisdictions are still trying to figure out how their law applies to the phenomenon. ... [read more]

Tuesday, March 24, 2020 @ 11:35 AM

On front lines of COVID-19: Mental and physical burdens Emergency room nursing station

I’m on my seventh 12-hour shift in a row, physically, emotionally and mentally strained, but have no choice but to keep going. Several colleagues are off sick now. We have rallied as a team, but we know this might only be the deep breath before the crisis begins. COVID-19 hasn’t fully impacted us. Yet. ... [read more]

Tuesday, March 24, 2020 @ 11:28 AM - Last Updated: Monday, March 30, 2020 @ 11:01 AM

Impact of COVID-19 on patent deadlines Patent Drawer

With courthouse closures and law firms quick to implement remote working policies, the COVID-19 pandemic is having an impact beyond the realm of public health. As the virus continues to spread, intellectual property offices are adopting measures to accommodate missed deadlines relating to COVID-19. We caution that the information below is a snapshot only. ... [read more]

Monday, March 23, 2020 @ 1:53 PM

Merger control, Brexit Brexitmap

Merger control legislation is instrumental in dealing with abuse of market dominance. Abuse of market dominance occurs if a dominant firm in a market or dominant group of firms engages in conduct with the intent to eliminate or discipline a competitor or to deter future entry by new competitors where competition is prevented or lessened substantially. ... [read more]

Monday, March 23, 2020 @ 1:23 PM

Importance of Vavilov to family law mediation/arbitration process: Further signficance Arbitration form

Vavilov will have a significant effect on the family law med/arb process as the majority has raised the bar for the requirements in reasoning of the arbitrator. ... [read more]

Monday, March 23, 2020 @ 1:02 PM

Vulnerable litigants and family members: Getting proper authorization elderly_will_sm

In the first part of this two-part series, we analyzed the recent decision of Justice Paul Perell in Kalia v. Kalia 2020 ONSC 935. We addressed the issues of whether or not an elderly or vulnerable litigant (in this case, Adarsh Kalia) can ever rely on a family member to assist in retaining a lawyer and getting legal advice. And what is a litigant to do (and, more importantly, not do) when they are concerned that their adversary lacks capacity? We will now discuss the court’s response to the litigants. ... [read more]

Monday, March 23, 2020 @ 11:14 AM

Employers must be mindful of wrongful dismissal during COVID-19 Maskedworker.jpg

As businesses contemplate their employment needs and costs during COVID-19 and uncertain business interruption, it is important that plans are in place. Under the state of emergency and consistent with the public health directives, it is essential individuals practise social distancing and isolation as much as possible. People are being encouraged to stay home to protect themselves and their families. This message should be supported by business and employers as it is an all-encompassing message. ... [read more]