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Wednesday, January 13, 2021 @ 11:20 AM

Making the best of a bad year: Winning IP cases in 2020 manturningcalendarpage2020-21

Despite the temporary closure of the courts in Canada during lockdown 1.0 starting in March of 2020, the intellectual property (IP) bench and bar had an incredibly busy and eventful year, making up for lost time with several high-profile hearings and landmark decisions. We highlight below our short list of the key decisions in Canada in 2020 for each of the three main areas of IP law. ... [read more]

Tuesday, January 12, 2021 @ 1:56 PM

Supreme Court expands duty of good faith in performance of contracts contract_goodfaith_sm

The recent decision of C.M. Callow Inc. v. Zollinger 2020 SCC 45, by the Supreme Court of Canada, has expanded the duty of good faith in the performance of contracts by broadening the types of conduct that can lead to a finding of a breach of that duty. ... [read more]

Thursday, January 07, 2021 @ 9:57 AM

Supreme Court amends its rules to simplify leave application process

The Supreme Court of Canada announced that the Rules Amending the Rules of the Supreme Court of Canada, SOR/2020-281, were published in Part II of the Canada Gazette on Jan. 6, 2021. These amendments, which come into force on Jan. 27, 2021, apply to all cases, including filings as of that date in any ongoing cases. ... [read more]

Tuesday, December 22, 2020 @ 2:11 PM

One-third of Supreme Court justices disagree about statistical evidence in RCMP case Femalemountie.jpg

The Supreme Court of Canada recently revisited the issue of substantive equality and adverse effect discrimination in Fraser v. Canada 2020 SCC 28, where the court considered whether the RCMP’s policy of denying members who job-share the option to buy back full-time pension credits amounted to discrimination under s. 15(1) of the Charter. ... [read more]

Friday, December 18, 2020 @ 3:05 PM

MISREPRESENTATION - Silence - Good faith

Appeal by CM Callow Inc. (Callow) from a judgment of the Ontario Court of Appeal that set aside a trial judgment in Callow’s favour. In 2012, the respondent group of condominium corporations (Baycrest) entered into a two-year winter maintenance contract and a separate summer maintenance contract with Callow. ... [read more]

Friday, December 11, 2020 @ 4:04 PM

PARTIES - Assignment of contractual rights - Validity - Necessity for consent - Effect of assignment

Appeal by Resolute FP Canada (Resolute) from a decision of the Quebec Court of Appeal that denied its application for a declaration that it did not owe the amount claimed from it by the respondent Hydro-Quebec. ... [read more]

Friday, December 04, 2020 @ 8:23 AM

Class action authorization still more obtainable in Quebec Two

Ronald Asselin, a member of a caisse populaire part of the Desjardins Group, purchased two types of investments from his caisse between 2005 and 2007. The investments involved capital that was guaranteed at maturity, based on the original value of the initial deposit, and a potential return that was variable. Asselin made these investments as a result of representations made by a financial planner employed by Desjardins Financial Services Inc. (firm). The investments were then managed by Desjardins Global Asset Management Inc. (management). Management had designed the investment vehicle. ... [read more]

Thursday, December 03, 2020 @ 2:13 PM

Appeal Court decision highlights plight of accused in custody, says lawyer

A recent Ontario Court of Appeal decision offers a stark illustration of the constitutional black hole that continues to affect remand prisoners four years after R. v. Jordan’s imposition of trial time limits, says a Toronto lawyer. ... [read more]

Wednesday, December 02, 2020 @ 9:23 AM

Cure worse than disease: Virtual jury deliberations during COVID Part Two | Nik Khakhar

As we discussed in the first article in this series, central to the institution of the jury is the expectation that they form their verdict exclusively based on evidence that has been admitted at trial. While the Supreme Court of Canada in R v. Pan; R v. Sawyer, 2001 SCC 42  affirmed the principle of jury secrecy — which protects the content of jury deliberations from being used as evidence to overturn a verdict — the majority also maintained that information that is extrinsic to the trial is admissible on appeal. ... [read more]

Thursday, November 26, 2020 @ 2:44 PM

Labour law, gig economy: A tale of two countries Gigeconomykeyboard

In early November, California — long regarded as America’s liberal bastion — adopted a ballot measure which exempted gig economy workers such as drivers for Uber and Lyft from being treated as employees under state employment laws. ... [read more]