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Friday, June 21, 2019 @ 12:27 PM

An overview concerning Canadian trademark reform lighbulbs

From 1953 until 2013, Canada’s Trade-marks Act remained largely unchanged (besides the welcome repeal of the old “registered user” system). However, starting in 2013, and continuing up to just weeks ago, successive Canadian governments have introduced sweeping amendments to the trademark regime. Some changes reflect the government’s interest in international harmonization of laws and membership in key trademark treaties, while others can be traced to trade negotiations, including with both Europe and the United States. ... [read more]

Friday, June 21, 2019 @ 10:23 AM

Divorce Act reforms clear key Senate hurdle Family standing on book

With Canada’s Senate taking a more active role in scrutinzing legislation passed by the House of Commons, there was a concern that Bill C-78, the proposed reforms to the Divorce Act, might not be enacted before the Parlimentary session ends. However, as a result of a report from the Senate Committee on Legal and Constitutional Affairs and a change to the bill about parenting time, it is certain the new law will be enacted in the coming weeks. ... [read more]

Friday, June 21, 2019 @ 8:18 AM

U.S. looking for ways to reduce legal immigration visa_denied_sm

Immigration policy proposals under the current administration represent a continuing trend toward discouraging legal immigration to the United States. While current efforts to thwart illegal immigration dominate headlines, the opaque measures to reduce and frustrate legal immigration tend to fly under the radar. ... [read more]

Thursday, June 20, 2019 @ 3:00 PM

Tax prescription different in provincial, federal legislation Documents with calculator

Taxation in Quebec reflects a dual system made up of federal and provincial tax legislation along with respective authorities responsible for their enforcement. When it comes to tax jurisprudence, it is not uncommon for Quebec courts to cite federal law decisions, such as those of the Tax Court of Canada, in order to apply their teachings to the interpretation of provincial fiscal legislation. ... [read more]

Thursday, June 20, 2019 @ 12:41 PM

Perils of facial recognition algorithmic tools in policing facial recognition

The Toronto Police Service has been using facial recognition tools for over a year. This means that police are feeding images of folks in Toronto, captured as we go about our daily business, into an algorithmic tool that is trained to identify faces. These could be photos from a crime scene caught on cellphone cameras, images caught by video surveillance cameras in department stores or public parking garages, they could be stills or videos caught by the myriad cameras we happen to pass every day. ... [read more]

Thursday, June 20, 2019 @ 8:16 AM

Estranged couples who don’t change their wills: Unintended consequences separated_couple_sm

The divorce rate in Canada has been pretty much flat for decades, sitting somewhere between 38 and 42 per cent. It is no secret that lawyers are expensive. A few years back, there was an article in the media about how (some) lawyers themselves could not afford to pay their own fees if they needed legal services. ... [read more]

Wednesday, June 19, 2019 @ 2:58 PM

Making joint experts mandatory is long overdue 2 people shaking hands

The Family Law Act in British Columbia and the Family Law Rules thereunder have implemented a mandatory requirement for the use of joint experts on financial issues in family cases. The rule is stated in mandatory terms. This is a change that is long overdue and one that should be the norm in family law matters across the country. ... [read more]

Wednesday, June 19, 2019 @ 1:07 PM

Why uniquely Canadian official marks are trademarks ‘on steroids’ Sylizedflag

June 17 was the highly anticipated coming into force date of the implementation of significant amendments to the Canadian Trade-marks Act under Bill C-31, and certain amendments under Bill C-86. ... [read more]

Wednesday, June 19, 2019 @ 8:41 AM

Appeal Court overturns reverse summary judgment reverse_sign_sm

The Ontario Court of Appeal released an interesting decision in Drummond v. Cadillac Fairview Corp. 2019 ONCA 447. ... [read more]

Tuesday, June 18, 2019 @ 2:43 PM

Downsides of Madrid International Registration trademark system flatearthmoney.jpg

On June 17 Canada joined the Madrid International Registration (IR) trademark system. In the first part of this two-part series, I explained why Canadian brand owners should care and I outlined the advantages of the IR system. In this second column, I talk about disadvantages of an IR and include some tips for moving forward. ... [read more]