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Intellectual Property

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Friday, December 20, 2019 @ 10:41 AM

Standard of review post-Dunsmuir: Reasonable or incorrect? | Heather MacIvor

In spring 2018 the Supreme Court of Canada signalled a seismic change in its jurisprudence on administrative law. It granted leave to hear three appeals — two of which were later merged into one — and invited submissions on the standard of review. The appeals were heard in December 2018, and the decisions finally issued on Dec. 19, 2019, (Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65, and Bell Canada v. Canada (Attorney General) 2019 SCC 66). ... [read more]

Thursday, December 19, 2019 @ 2:37 PM - Last Updated: Friday, December 20, 2019 @ 11:06 AM

SCC rewrites standard of review framework for administrative law in landmark trilogy Aubin Calvert

In a bid to enhance clarity, predictability and access to justice in a muddled area of law that impacts many Canadians, seven of nine judges of the Supreme Court of Canada have collaborated to devise a new standard of review framework which emphasizes that courts should presumptively exercise deference when overseeing administrative decision makers, while also retaining “limited” scope for correctness review. ... [read more]

Wednesday, December 18, 2019 @ 8:41 AM

New senior counsel for Fasken in Montreal

Fasken announced that Jonathan Cutler has joined the firm’s Montreal office as senior counsel. ... [read more]

Tuesday, December 17, 2019 @ 1:39 PM

Trademark revival in Alberta radio station case Studiomic.jpg

A case before the Court of Queen’s Bench of Alberta raises some interesting intellectual property issues. ... [read more]

Tuesday, December 17, 2019 @ 1:09 PM

Singapore Convention a big boost for international mediation global_handshake_sm

The mediation of commercial disputes has been common practice in North America for several years, but its popularity has lagged elsewhere, particularly for cross-border disputes. That may change as this past August, the United Nations Convention on International Settlement Agreements resulting from Mediation opened for signature. ... [read more]

Friday, December 13, 2019 @ 9:00 AM

Bad faith in trademark context EU Flag with lock

There have been several recent developments concerning “bad faith” and it seems just a matter of time before we face this issue in Canada. ... [read more]

Thursday, December 12, 2019 @ 1:42 PM

New IP partner for Fasken in Montreal

Fasken announced that new partner and patent agent Alain Leclerc has joined the firm’s intellectual property (IP) practice group in the Montreal office. ... [read more]

Wednesday, December 11, 2019 @ 1:09 PM

Smart & Biggar adds four associates in Montreal

Smart & Biggar announced that associates Elodie Dion, Ali Faridukbou, Christopher A. Guaiani and Lorena Olmos have joined the firm’s litigation and patents team in Montreal. ... [read more]

Thursday, December 05, 2019 @ 1:59 PM

How to prove that mark is distinctive Tealeaves

A recent trademark decision of the Federal Court considers a ground of opposition based on lack of distinctiveness and reviews what evidence is necessary to support such a ground. ... [read more]

Thursday, December 05, 2019 @ 11:24 AM

Smart & Biggar adds senior associate

Smart & Biggar announced that Colin Climie has joined the intellectual property (IP) firm’s patent practice in Toronto as a senior associate. ... [read more]