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Intellectual Property

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Thursday, March 11, 2021 @ 10:27 AM

COVID-19, commercial communication: A new normal? Man holding umbrella fending off COVID molecules

Beyond any reasonable doubt, the COVID-19 pandemic imposed a new normal to our life in many fields, including business strategies, from product development to marketing and communication choices. What is not clear is if the legal framework has changed. Or if change is afoot. ... [read more]

Thursday, March 11, 2021 @ 10:06 AM

Virtual pre-moot dramatic illustration of positive arbitration outcomes from COVID-19 Virtual debate

While everyone is aware of the almost overnight shift to virtual and hybrid proceedings in all aspects of dispute resolution — court proceedings, arbitration and mediation — what may prove to have more dramatic and significant impact on arbitration globally is that arbitration knowledge, training, resource materials and networking is now available globally and usually without charge. ... [read more]

Wednesday, March 10, 2021 @ 1:30 PM

The duty of courts to give adequate reasons Letters coming out of a pencil

Written reasons are the voice of a decision. They are the means by which a decision maker communicates the rationale for its decision. Their presence explains how and why a decision was made. Their absence creates the perception of arbitrariness in the exercise of judicial power. ... [read more]

Wednesday, March 10, 2021 @ 12:56 PM

Lessons from the pandemic | Jennifer Lynch and Margot Mary Davis

On March 11, 2020, the World Health Organization declared the COVID-19 outbreak a global pandemic. The pandemic drastically altered many individuals’ lives. People could no longer do many day-to-day activities like meet up with friends. The world went virtual. New terminology entered the lexicon like “social distancing” and “flattening the curve.”  ... [read more]

Wednesday, March 10, 2021 @ 6:20 AM

PATENTS - Pleadings - Amendment - Striking out - Lack of jurisdiction

Appeal by the plaintiff, McCain, from a Federal Court decision allowing in part its appeal from a Prothonotary’s order allowing the respondent to amend its defence and counterclaim in a patent infringement action. ... [read more]

Friday, March 05, 2021 @ 12:27 PM

Does a judge’s physical location matter? Two stick figures conferring online

In the past weeks, there have been suggestions that judges of both the Ontario Superior Court and the Ontario Court of Justice have been hearing matters while outside the country. This is causing great debate about whether this should be allowed and whether it even can be allowed. ... [read more]

Friday, March 05, 2021 @ 12:15 PM

The duty to defend does not include extrinsic evidence Woman signing insurance policy

In a recent decision in IT Haven v. Certain Underwriters at Lloyd’s, London 2020 ONSC 7835 Justice Mark Edwards of the Ontario Superior Court of Justice found that an insurer had a duty to defend a “software developer” in a U.S. action alleging copyright infringement. The insurer denied that it had a duty to defend, based on facts and evidence outside of, or extrinsic to, the pleadings in the U.S. action, and the policy in question. ... [read more]

Thursday, March 04, 2021 @ 9:15 AM

Agenda offers ‘roadmap to action’ on revamping justice system in British Columbia: bar association CBABC president Jennifer Brun

Despite the watershed (and much-needed) change foisted on the justice sector as a result of the COVID-19 pandemic, the Canadian Bar Association, B.C. Branch (CBABC) says much more needs to be done to improve access to the system. It has now set out a plan of action for the province to achieve that goal. The CBABC’s Agenda for Justice 2021 offers more than 40 recommendations in 22 key areas and essentially runs the gamut of the entire justice system, from legal aid to court modernization to contracts. ... [read more]

Wednesday, March 03, 2021 @ 2:01 PM

In defence of B.C.’s pronoun practice directives | Brad Regehr and Jennifer Brun

The rights of transgender and non-binary persons to equality and dignity are not open to debate — they are a matter of law. ... [read more]

Wednesday, March 03, 2021 @ 10:24 AM

Marketplace reality, trademark infringement Electric blue grocery cart

A recent decision of the Federal Court of Appeal, as the trial judgment emphasizes, determined that the Trademarks Act requires the court to consider and weigh all surrounding circumstances — the factors set out in subsection 6(5) and surrounding circumstances must be assessed and balanced. In addition, evidence of actual confusion can be vital. ... [read more]