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Searching Content indexed under Litigation, Mediation & Arbitration by Andrew Bernstein ordered by Published Date Descending.
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1
Ontario Court Of Appeal Holds Federal Carbon Price Constitutional
The Ontario Court of Appeal has confirmed in a 4-1 decision that Parliament has the power to enact a minimum national price on greenhouse gas
Canada
15 Jul 2019
2
Waking The Giant: Charter Litigation Under The Spectre Of The Notwithstanding Clause
One of the new provincial government's most controversial early initiatives was reducing the size of Toronto City Council.
Canada
19 Oct 2018
3
Dicey's Comet Returns—Will Administrative Law Skies Get Brighter?
Over the last 10 years, asking the courts to judicially review the legality of administrative decision-making in Canada has become an expensive gamble, with low odds.
Canada
19 Oct 2018
4
The Court Of Appeal's Sextology On SLAPP Suits
The Court of Appeal sent a message loud and clear in support of free expression last Thursday: "Not every foot over the defamatory foul line warrants dragging the offender through the litigation process".
Canada
13 Sep 2018
5
The Court Of Appeal's Sextology On SLAPP Suits
The Court of Appeal sent a message loud and clear in support of free expression last Thursday: "Not every foot over the defamatory foul line warrants dragging the offender through the litigation...
Canada
13 Sep 2018
6
A New Era For Libel: Reconciling The Rules Of Jurisdiction With The Challenges Of The Internet Age
In Haaretz.com v. Goldhar, the Supreme Court of Canada (SCC) offered a convoluted response to the important question of whether Canadians can sue for defamation ...
Canada
24 Jul 2018
7
A Clash Of Rights Leads To A Clash Of Decisions
When legitimate rights of freedom of religion and equality collide, how should they be balanced? Is religious freedom an inherently individualistic right, or do religious communities also have rights that need to be respected?
Canada
25 Jun 2018
8
SCC Affirms Provinces Cannot Impose Tariffs On Interprovincial Trade In Goods
The Constitution Act, 1867 has suddenly become a hot topic in a range of industries across Canada. In R. v. Comeau, a unanimous decision ...
Canada
25 Apr 2018
9
Appellate Cases 2017 – Thematic Review
With 2017 behind us, we identify several trends in appellate jurisprudence that will be relevant to in-house counsel, including those impacting privacy rights ...
Canada
26 Jan 2018
10
Don't Let Your Release Come Back to Haunt You
Releases are a part of commercial life, but it is important to know what they cover and what they do not.
Canada
28 Jul 2017
11
Supreme Court Of Canada Overturns The Promise Doctrine
After a decade of wreaking havoc in Canadian patent law, the "Promise Doctrine" has been dramatically scaled back.
Canada
17 Jul 2017
12
Internet "Framing" Is A Valid Ground For Copyright Infringement In Canada
The Ontario Superior Court of Justice recently held that internet "framing" is a valid ground for copyright infringement in Canada, in Trader Corporation v. CarGurus, Inc (Trader Corp).
Canada
14 Jun 2017
13
How Firm Is Your Handshake?: Letters Of Intent In M&A
You signed a non-binding letter of intent. Weeks later, negotiations to finalize the deal have stalled, and you're starting to lose interest in the transaction.
Canada
11 Oct 2016
14
Federal Court Of Appeal Finds No Settlement Agreement Between Allergan And Apotex
In Apotex v Allergan, the Federal Court of Appeal considered whether settlement discussions between the parties had actually resulted in a binding settlement agreement.
Canada
6 Jun 2016
15
Ontario Court Recognizes Another New Privacy Tort
In January 2016, the Ontario Superior Court of Justice issued a decision further expanding the scope of privacy-related common-law torts.
Canada
3 Feb 2016
16
Supreme Court Reaffirms Technological Neutrality In Copyright Royalty Disputes
In Canadian Broadcasting Corporation v. SODRAC 2003 Inc. (SODRAC),bern the Supreme Court of Canada unanimously reaffirmed the principle of technological neutrality in copyright law.
Canada
26 Jan 2016
17
Order Against Google Upheld By B.C. Court
Despite this measure, the defendants continued to make sales to customers outside of Canada.
Canada
29 Sep 2015
18
Protecting Privacy In The Age Of The Internet
The Supreme Court of Canada has recognized Canadians’ right to Internet privacy in a recent decision involving IP address information provided to police.
Canada
27 Jun 2014
19
Canada’s Federal Appeal Court Clarifies When Patents Can Be Invalidated
Canada's Federal Court of Appeal last week released a decision in Corlac Inc. v. Weatherford Canada Ltd. that makes clear that the failure to respond in good faith to a requisition made during prosecution of the underlying patent application cannot be used to invalidate an issued patent.
Canada
1 Aug 2011
20
Protection of Confidential Sources in Canada Is Not Absolute
Media’s confidential sources deserve protection, but that protection is not absolute.
Canada
15 Jun 2010
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