Field Law

Social Media Defamation: the #creeper decision

A dispute between suburban neighbours escalated and spilled over into social media when one of the neighbours vented on Facebook. The Facebook posts suggested that the plaintiff was a “nutter” and a “creep” who deployed a system…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Personal Injury

Trademark Series: Confusion (Part 2)

By Richard Stobbe So much confusion, so little time. The Trade-marks Act teaches us that the use of one trade-mark causes confusion with another trade-mark if the use of both trade-marks in the same area would likely lead to the…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Restoring the Balance: Lessons from the Human Rights Appeal of Mihaly v Association of Professional Engineers and Geoscientists of Alberta 2016 ABQB 61

We had earlier provided clients with a brief summary of the Mihaly decision on January 27, 2016. This article is a follow-up and includes some of the top lessons for regulators and their legal counsel. When it comes to…more
| Administrative Law, Civil Procedure, Civil Rights, Education, International Law & Trade

Trademark Series: Confusion (Part 1)

A interesting Report on Business article by the founder of a Canadian business is useful as a cautionary tale about brand confusion (see: I was outraged when Sobey’s rebranded its chain with the same name as my company). The…more
| Commercial Law & Contracts, Intellectual Property

Clickwrap Agreement From a Paper Contract?

Can a binding contract be formed merely with a link to another set of terms? (For background on this topic, check out our earlier post What, exactly, is a browsewrap? which reviews browsewraps, clickwraps, clickthroughs, terms…more
| Commercial Law & Contracts

Copyright Injunction Covers Vancouver Aquarium Video

The Vancouver Aquarium brought an injunction application to stop the online publication of a critical video entitled “Vancouver Aquarium Uncovered”, which used the Aquarium’s copyright-protected materials in a “derogatory…more
| Civil Remedies, Intellectual Property

Trademark Series: Deviations!

The adage “use it or lose it” captures the essence of the ongoing requirement to put a trademark into commercial use. If you abandon your mark, you effectively give up your trademark rights. The corollary is to “use it as…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Facebook Follows Google to the SCC

By Richard Stobbe A class action case against Facebook...is heading to the Supreme Court of Canada…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, International Law & Trade

What’s to Come….

There has been a lot of excitement lately, as the new Liberal Government has begun to address the promises made during their campaign last year. Proposed amendments to immigration legislation and policy are currently focused on…more
| Elections & Politics, Immigration Law, Labor & Employment Law

Refugee Resettlement

On average, Canada approves approximately 10,000 refugee applications for permanent residence each year. Due to the Syrian refugee crisis, the Government of Canada announced last year that it would admit 25,000 Syrian refugees…more
| Civil Rights, Immigration Law, International Law & Trade

Donald Drumpf… Good for Canadian Immigration

During this years’ Super Tuesday, Donald Trump led the Republican primaries winning 7 states and 256 delegates. Perhaps more interesting than the voting polls on Super Tuesday, was the Google trends that followed. Within hours…more
| Elections & Politics, Immigration Law

Trademark Series: Can a Geographical Name be a Trademark?

Let’s take an example. Is the word PARIS registrable as a trademark in Canada? A quick search of the registry shows that there are over 250 registered marks which contain the word PARIS for everything from jewelry to software to…more
| Civil Procedure, Intellectual Property

Dependent Contractors Awarded 26 Months’ Reasonable Notice

Dependent contractors are becoming an increasing portion of the working population, and an Ontario court recently confirmed that protections available to them are at the top end of the scale. In the case of Keenan v…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

Trademark Series: Famous Marks in Canada

Adidas, Veuve Clicquot, Barbie… When is a mark considered “famous” in Canada, and do famous marks enjoy special protection? A handful of Canadian cases have outlined the court’s treatment of well-known brands: Sure, Barbie is…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property

Dempsey v. Bagley, 2016 ABQB 124 - Lessors of Vehicles Still Vulnerable Under Workers Compensation Act

There were two motor vehicle accidents in the summer of 2006. The plaintiffs and the defendants involved in the accidents were employees of Brinks Canada Limited (“Brinks”). The vehicles in question were owned by PHH Management…more
| Civil Procedure, Labor & Employment Law, Personal Injury, Worker’s Compensation, Insurance
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