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Intellectual Property

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Wednesday, April 11, 2018 @ 8:32 AM

PATENTS - Remedies - Damages

Appeal by Eli Lilly Canada Inc. (Lilly) from a Federal Court decision awarding the respondent Teva Canada Ltd. (Teva) damages under s. 8 of the Patented Medicines (Notice of Compliance) Regulations for loss suffered when it was kept out of the market for olanzapine by the appellant’s unsuccessful prohibition application under the Regulations. ... [read more]

Wednesday, April 11, 2018 @ 7:12 AM

Judge ‘shocked’ by JDR room full of ‘very large dark men’ does ‘not harbour racist views’: federal judicial council Justice Kristine Eidsvik

An Alberta judge who publicly expressed her “shock” in unexpectedly encountering a judicial dispute resolution room “full of very large dark men” does “not harbour racist views” the Canadian Judicial Council (CJC) states in a decision that critics say fails to adequately address or acknowledge unconscious and systemic racial bias on the federal bench. ... [read more]

Monday, April 09, 2018 @ 9:37 AM

Facebook data sweep raises legal and ethical issues facebookbauer

Privacy law has been in the spotlight following the reveal of the Facebook/Cambridge Analytica scandal, raising important legal and ethical issues. Corporate entities, which advertise on social media or collect data through online tools, need to be apprised of the ever-changing legal framework around these practices. ... [read more]

Friday, April 06, 2018 @ 8:54 AM

TRADE-MARKS - Infringement

Appeal by defendants, Bemco, GPAE and Ebert, from a summary judgment declaring them liable for breach of a settlement agreement. ... [read more]

Wednesday, April 04, 2018 @ 8:44 AM

Why hockey player’s intimate photos did not violate morals clause hayes,jacob,hockey_sm

Scandalous and salacious facts often lead to wider coverage of certain legal proceedings. While Zigomanis v. 2156775 Ontario Inc. (D’Angelo Brands) 2018 ONCA 116 has all the tawdry details that make for tabloid fodder, the decision is also newsworthy given the Court of Appeal’s pronouncement with respect to individuals’ expectation of privacy as they relate to intimate relationships. ... [read more]

Tuesday, March 27, 2018 @ 1:29 PM

Moving around grey to gold: counter-ambush marketing strategies ambushmarketing

In 1996, a now famous pair of golden Nike track-spikes crossed the 400m line at 43.49 seconds. A few days later, the shoes were on the cover of Time, around Michael Johnson’s neck, atop his gold medals. ... [read more]

Monday, March 26, 2018 @ 1:31 PM

Supreme Court welcomes its newest member as Martin dons the red robes Sheilah Martin

When Supreme Court Justice Sheilah Martin’s proud father drove her back and forth to the train that took her from a Montreal suburb to McGill University’s law school, her dad assured her she had the right stuff to one day join the nation’s highest court. ... [read more]

Wednesday, March 21, 2018 @ 8:58 AM

Drawing the line between consultation and collaboration with expert witnesses collaborative

In 2015, the Ontario Court of Appeal confirmed in Moore v. Getahun 2015 ONCA 55, that it is appropriate and essential for counsel to consult and collaborate with expert witnesses in preparing expert reports. However, this practice is not without limits considering an expert’s duty to provide a fair, objective and non-partisan opinion. In this third article in a series on expert evidence, the jurisprudence on where counsel should draw the line in providing input to an expert witness is surveyed. ... [read more]

Monday, March 19, 2018 @ 9:29 AM

Judge who sexually harassed court staffer quietly quit; unlike the U.S., #MeToo hasn’t hit Canadian judiciary TLD Exclusive

A superior court judge who subjected a court staffer to sexualized contact in the workplace quietly resigned after a Canadian Judicial Council (CJC) investigation, without the judicial disciplinary body publicly disclosing his actions until now. ... [read more]

Tuesday, March 13, 2018 @ 8:45 AM

COPYRIGHT - Indirect infringement - Sale, distribution, exhibition or importation - Remedies - Injunctions

Appeal by Bell et al from a judge’s decision to vacate an Anton Piller order and to dismiss the appellants’ motion for an interlocutory injunction to restrain Lackman from operating TVAddons. ... [read more]