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Searching Content indexed under Trials & Appeals & Compensation by Norton Rose Fulbright Canada LLP ordered by Published Date Descending.
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1
Confusion : bien plus que la somme de ses parties
Dans les actions pour contrefaçon et commercialisation trompeuse d'une marque de commerce, le succès des demandeurs repose sur la capacité à établir la
Canada
10 Sep 2019
2
Legal Update: Branches Of A Corporation Are One And The Same
This decision impacts corporations that have branches in different provinces regardless of where the head office is located.
Canada
5 Aug 2019
3
Alberta Court Of Appeal Considers An Investment Scheme
Charles Ryan promoted a plan to develop land through various corporate vehicles.
Canada
29 Jul 2019
4
Ontario Securities Commission v York Rio Resources Inc.: Enforcing OSC Orders As Court Judgments Outside Of Ontario
On May 21, 2019, in Ontario Securities Commission v York Rio Resources Inc., 2019 BCSC 776, the British Columbia Supreme Court enforced Ontario Securities Commission disgorgement orders as court judgments from another province.
Canada
29 Jul 2019
5
A Tearful Conundrum: FCA Affirms Dismissal Of Infringement Claim In Patent Suit Regarding Ophthalmic Medical Devices
In TearLab Corporation v I-MED Pharma Inc., the Federal Court of Appeal (FCA) upheld the dismissal of TearLab's patent infringement action against I-MED.
Canada
16 Jul 2019
6
Sino-Forest Cont'd: Cultural Practices Do Not Excuse Illegal Acts
The Divisional Court found this conclusion to be reasonable.
Canada
15 Jul 2019
7
Federal Court Of Appeal Agrees That The PMPRB Incorrectly Applied The Patent-Pertaining Analysis
The Federal Court of Appeal has provided new guidance on the proper approach to the "patent pertaining" analysis used by the Patented Medicine Prices Review Board, including on the identification of the medicine ...
Canada
11 Jul 2019
8
The Test On A Motion To Strike Pleadings In Proceedings Before The Ontario Securities Commission
Relevance and admissibility are considerations for the panel hearing the evidence on the [jurisdictional] motion.
Canada
1 Jul 2019
9
Clearing The Way: "Ice Breaker" Settlements In Class Actions
Class counsel sought to justify the settlement amount on two bases.
Canada
28 Jun 2019
10
Enforcing Foreign Trademark Decisions In Canada
Foreign judgments in trademark cases are enforceable in Canada. The recent decision of Justice Perell in Dead End Survival, LLC v. Marhasin provides a succinct roadmap for doing so.
Canada
24 Jun 2019
11
Request To Stay A Securities Regulatory Sanctions Hearing: An Uphill Battle
In Re Mountainstar Gold Inc., 2019 BCSECCOM 123, the British Columbia Securities Commission gave short shrift to a request by the respondents...
Canada
19 Jun 2019
12
The AMF Is Not The Sole Arbiter Of What Is Relevant And What Should Be Disclosed
In AMF v. TMF, Baazov, et al. (Court File No. 500-11-052989-171), the Quebec Superior Court confirmed that the Financial Markets Administrative Tribunal has the power to order the Autorité des marchés financiers, ...
Canada
18 Jun 2019
13
Large And Generous Interpretation Of "Investment Contract" And "Distribution" Under The Quebec Securities Act: AMF v. Desmarais, 2019 QCCA 898
In its recent decision (AMF v. Desmarais), the Court of Appeal upheld the conviction of a Montreal lawyer who played a central role in the distribution of investment contracts without a prospectus and who acted as a dealer ...
Canada
13 Jun 2019
14
Imposition Of OSC Sanctions Following A Conviction For An Offence Relating To Securities: The Availability Of Carve-Outs In The Public Interest
In Theroux (Re), 2019 ONSEC 20 a hearing panel of the OSC was called upon to decide whether an individual convicted of five counts of fraud over $5,000 contrary to section 380(1)(a) of the Criminal Code ...
Canada
12 Jun 2019
15
The Supreme Court Of Canada Rules On "Knowing Assistance" In The Context Of Fraudulent Schemes
A less stringent standard, adopted by the majority of the Ontario Court of Appeal, was rejected.
Canada
31 May 2019
16
BC Court Of Appeal Rejects Proposed Amendments To Environmental Management Act
In parallel, the National Energy Board (NEB) released its expanded reconsideration report in February 2019.
Canada
31 May 2019
17
Federal Court Re-Visits The Test For Protective Orders
However, recent cases suggest the court may be returning to its former more liberal approach of granting protective orders.
Canada
29 May 2019
18
The Court Of Appeal Rejects Class Action Against Loto-Québec On Odds Of Winning The Jackpot
On May 9, 2019, the Court of Appeal handed down its decision in Karras v. Société des loteries du Québec in which it dismissed an application for authorization to institute a class action against Loto-Québec.
Canada
27 May 2019
19
IP Monitor - Federal Court Grants Interim Injunction In Patent Case
Interim and interlocutory injunctions are exceptional remedies, particularly in patent infringement cases.
Canada
27 May 2019
20
Quebec Court Of Appeal Confirms CPA Does Not Apply To The Sale Of Prescription Drugs
This doctrine is an important defense available to prescription drug manufacturers to establish they have met their duty to warn.
Canada
21 May 2019
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