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Tuesday, June 18, 2019 @ 1:58 PM

What Madrid International Registration trademark system means to you electricblueplanetearth

On June 17 Canada joined the Madrid International Registration (IR) trademark system. So why should Canadian brand owners care? ... [read more]

Tuesday, June 18, 2019 @ 1:26 PM

Pros and cons of juries in medical malpractice lawsuits jury_trial_sm

At the outset of every medical malpractice case, a plaintiff lawyer must make a difficult decision: do I trust a judge or jury to fairly decide my client’s case? You know that it is going to be a hard-fought battle with a multitude of experts offering competing opinions on standard of care and causation. So, when does it make sense to ask for a jury versus a judge? ... [read more]

Tuesday, June 18, 2019 @ 11:14 AM

Canada’s new trademark regime: Bad faith in opposition cases Bluefacetoface

With effect from June 17, opponents will no longer have available to them many grounds of opposition pointing to technical deficiencies in an application or flawed “use” claims. However, they will have one new “tool in their toolbox” when filing a statement of opposition against a trademark application advertised for opposition on or after June 17. ... [read more]

Tuesday, June 18, 2019 @ 10:51 AM

Broad changes coming to directors’ duties: Part two complaince_directors_sm

In our previous article in this series on the significant amendments to the Canada Business Corporations Act (CBCA) proposed in the federal government’s omnibus budget implementation bill, we discussed the statutory changes to directors’ duties. This article will continue with other proposed changes that are expected to affect public companies and what will come next. ... [read more]

Monday, June 17, 2019 @ 3:04 PM

Assets must be carefully untangled in grey divorces 2 people pulling at knot

There are a number of reasons why more spouses over age 50 are opting to part ways, colloquially known as a grey divorce. While the rules and procedures surrounding divorce do not change based on a couple’s age, a grey divorce presents some unique challenges pertaining to asset redistribution that family lawyers must be aware of when helping their client. ... [read more]

Monday, June 17, 2019 @ 2:54 PM

Major subrogation trial proves value of good record keeping oilbarrelspillclose_sm.jpg

On March 28, 2019, Justice Gillian Marriott released her decision in ISH Energy Ltd. v. Weber Contract Services Inc. [2019] A.J. No. 391 and found in favour of ISH Energy Ltd. ... [read more]

Monday, June 17, 2019 @ 1:21 PM

Brand clearance challenges in ‘use-less’ regime Internet Troll

After years of anticipation, on June 17 Canada rolled out significant changes to its trademark law. Among the important changes is the elimination of “use” as a pre-requisite to trademark registration. While this change will simplify trademark applications, it also opens the door to an increase in “clutter” of the Trademarks Register, contentious proceedings and trademark squatters. Accordingly, suitable trademark searching, clearance and monitoring will become increasingly important — and challenging — under the new trademark regime. ... [read more]

Monday, June 17, 2019 @ 12:29 PM

A law girl’s bump in the road: Articling after pregnancy pregnant woman

Clutching my precious newborn son two days after giving birth, I listened to a message on my answering machine at home. It was Sept. 16, 2005. The message was from Jack Fireman, a legend in personal injury law in Toronto. My articling interview was lined up for the second week of October. ... [read more]

Monday, June 17, 2019 @ 12:02 PM

Prosecution of trademark applications post June 17: A distinctive affair scentedsoap.jpg

The changes to Canadian trademark law and practice that come into force June 17 will significantly impact the prosecution of Canadian trademark applications. ... [read more]

Monday, June 17, 2019 @ 10:57 AM

Parent, grandparent sponsorship: managing intake, expectations grandparents_immigration_sm

The goal of family reunification is a noble and essential one, guiding the interpretation and application of Canadian immigration law. This goal is codified in s. 3(d) of the Immigration and Refugee Protection Act, which states that one of the primary objectives of the Act is to see that “families are reunited in Canada.” ... [read more]