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Friday, February 09, 2018 @ 11:48 AM

Federal Court rules against Kobo in challenge of e-book agreements Nikiforos Iatrou, WeirFoulds LLP

The Federal Court of Canada has ruled against e-book retailer Rakuten Kobo in its challenge of several agreements the Commissioner of Competition made with book publishers amid a price fixing scandal, with the company's counsel saying the decision confirms for the first time that competition officials can consider agreements reached outside Canada. ... [read more]

Friday, February 09, 2018 @ 11:06 AM

Appeal allowed on calculation of bonus in company sale as Titus test upheld George Benchetrit sm

The Ontario Court of Appeal allowed an appeal over the calculation of a bonus in a decision counsel says upholds the test for unconscionability in contract law in the province. ... [read more]

Friday, February 09, 2018 @ 8:41 AM

Case study: Two ways to valuate intellectual property damages two_options_sm

Intellectual property litigation can arise when the intellectual property is allegedly infringed upon. This litigation can involve complex valuations due to the difficulty of estimating the profit that would have been earned. The following is a fictional case study of an infringed patent.The study illustrates two options for plaintiffs, profit loss and accounting of profits, and the implications thereof, as seen by the authors in various past cases. ... [read more]

Thursday, February 08, 2018 @ 2:33 PM

Accountability, safety guide N.L. Appeal Court in case of pot-carrying oil worker Ian_Wallace_sm

“Individual accountability” and workplace safety sit at the heart of an East Coast appeal decision involving an offshore oil worker fired after being found with pot in his pocket. ... [read more]

Wednesday, February 07, 2018 @ 8:44 AM

Software decision shows what can happen between judgment and appeal software_fight_sm

Quebec’s Appeal Court has provided a concise primer in Druide Informatique inc. v. Éditions Québec Amérique inc., 2017 QCCA 2060 on “what happens to your trial judgment pending appeal.” ... [read more]

Tuesday, February 06, 2018 @ 11:14 AM

McDonald’s lease dispute highlights need for reasonable notice in revocation of waiver Andrew Parley sm

The Ontario Court of Appeal has ruled in favour of McDonald’s Restaurants of Canada in a lease disagreement with one of its landlords in Richmond Hill, Ont., in a decision counsel says highlights the need for clarity of arbitration terms when drafting a lease. ... [read more]

Tuesday, February 06, 2018 @ 8:42 AM

Feds release draft legislation for carbon pricing backstop carbon_tax_sm

Following the October 2016 announcement by the federal government that it would be introducing a pan-Canadian price on carbon starting at $10/tonne of carbon dioxide equivalent (CO2e) in 2019 (increasing by $10 per year until it reaches $50/tonne of CO2e by 2022), most provinces initiated efforts to implement a carbon pricing mechanism that will meet federal benchmark criteria. ... [read more]

Tuesday, February 06, 2018 @ 8:25 AM

Wellness: Five ways to stop your smartphone from controlling your day | Darryl Singer

There is no doubt that smart adaptation of technology such as e-mail, cloud-based file servers, law firm specific apps for docketing, file management and document review can improve the efficiency of your practice and your bottom line. Yet, the very same technological advances may be negatively impacting both your employees’ productivity and creating a wellness crisis for you. ... [read more]

Friday, February 02, 2018 @ 9:03 AM

The devil is in the details of the #MeToo Movement | Julius Melnitzer

The #MeToo Movement, a cause so noble in its aim of correcting the historical abuse heaped on women, should never have become mired in the controversy that now threatens it. ... [read more]

Wednesday, January 31, 2018 @ 9:35 AM

Raibex decision: Ontario Court of Appeal clarifies ‘no disclosure’ franchise_disclosure_sm

In an important decision released on Jan. 25, 2018, followed closely by the franchise bar, the Court of Appeal for Ontario reversed a controversial decision of a Toronto Superior Court motion judge in Raibex Canada Ltd. v. ASWR Franchising Corp. in favour of the franchisor which operates the AllStar Wings & Ribs franchise.   ... [read more]