Field Law

“Wow Moments” and Industrial Design Infringement

An inventor had a “wow” moment when he came across a design improvement for cold-weather visors – something suitable for the snowmobile helmet market. The helmet maker brought the improved helmet to market and also pursued both…more
| Intellectual Property, Science, Computers, & Technology

The AER Makes Waves with its Response to the Redwater Decision

HIGHLIGHTS The Alberta Energy Regulator (AER) issued Bulletin 2016-16 which has put in place interim measures in response to the Court of Queen’s Bench decision in Redwater Energy Corporation (Re) (Redwater) - …more
| Administrative Law, Bankruptcy, Commercial Law & Contracts, Energy & Utilities

BREXIT and IP Rights for Canadian Business

On June 23th, 2016, UK voters elected to approve a withdrawal from the EU. What does this mean for Canadian business owners who have intellectual property (IP) rights in the UK? The first message for Canadian IP rights…more
| Business Organizations, Intellectual Property, International Law & Trade

Trademark Series: Words in a Foreign Language

A word that clearly describes a particular product or service cannot function as a trademark for that product or service. The Trademarks Act phrases this idea in a more formal way: section 12(1)(b) says that a trade-mark is…more
| Intellectual Property

New Essential Services Legislation Now In Force

On May 27, 2016, Alberta’s new Essential Services legislation came into force. Bill 4 – An Act to Implement a Supreme Court Ruling Governing Essential Services is the Alberta Government’s answer to the Supreme Court’s 2015…more
| Constitutional Law, Labor & Employment Law

Clarifying Irving: Can an Alberta Employer Implement a Random Drug and Alcohol Testing Policy in a Safety Sensitive Workplace?

Despite a new decision on the issue from the Alberta Court of Queen’s Bench (the “Court”) on May 18, 2016, the answer to this question remains “maybe.” The Court has, however, provided us with a measure of clarity concerning…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law, Privacy

The Redwater Decision: The Alberta Energy Regulator - Trumped by Federal Bankruptcy Law

In Redwater Energy Corporation (Re, the Alberta Court of Queen’s Bench ruled against the AER, holding certain sections of the Oil and Gas Conservation Act (OGCA) and Pipeline Act inoperative to the extent that if applied their…more
| Bankruptcy, Business Organizations, Civil Procedure, Energy & Utilities, Finance & Banking

Copyright and the Creative Commons License

There are dozens of online photo-sharing platforms. When using such photo-sharing venues, photographers should take care not to make the same mistake as Art Drauglis, who posted a photo to his online account through the…more
| Intellectual Property, Science, Computers, & Technology

Android vs. Java: Copyright Update

By Richard Stobbe In a sprawling,  billion-dollar lawsuit that started in 2010, a jury yesterday returned a verdict in favour of Google, delivering a blow to Oracle.  (For those who have lost the thread of this story, see : API…more
| Intellectual Property, Science, Computers, & Technology

Defence & Indemnity - April 2016: V. SURETY AND BOND ISSUES

Liability of surety in Quebec under a labour and material payment bond consistent with common law principles L’Unique Assurances Générales inc., Appelante, c Échafauds Plus (Laval) inc., Intimée, 2015 QCCA 1725 [4174]…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance

Defence & Indemnity - April 2016: IV. PRACTICE ISSUES B.

B. Do police need a warrant to access the data on a vehicle’s airbag control module without the owner or driver’s permission? R. v. Fedan, 2016 BCCA 26, per Smith, J.A. [4176]…more
| Constitutional Law, Criminal Law, Privacy

Liability of Cloud-Based Service Provider For Data Breach

Silverpop Systems provides digital marketing services through a cloud-based tool called ‘Engage’. Leading Market Technologies, Inc. (“LMT”) engaged Silverpop through a service agreement and during the course of that agreement…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Privacy

Defence & Indemnity - April 2016: IV. PRACTICE ISSUES

A. Do police need a warrant to access the data on a vehicle’s airbag control module without the owner or driver’s permission? R. v. Glenfield, [2015] O.J. No. 1212, per Hambly, J. [4175]…more
| Constitutional Law, Criminal Law, Personal Injury

Defence & Indemnity - April 2016: III. QUANTUM/DAMAGES ISSUES: B.

B. In assessing the quantum for loss of future income earning capacity, negative contingencies must be supported by evidence. Sunner v. Rana, 2015 BCCA 406, per Chaisson, J.A. [4178]…more
| Civil Procedure, Civil Remedies, Finance & Banking, Personal Injury

Does Copyright Protect Facts?

By Richard Stobbe A documentary film is, by its nature, a work of non-fiction. It expresses a set of facts, arranged and portrayed in a particular way. If a fictional novel is written, based on a documentary film, is copyright…more
| Art, Entertainment, & Sports Law, Intellectual Property
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