In Lovely v. Prestige Travel Ltd., 2013 ABQB 467, the Alberta Court of Queen’s Bench ordered an employer to pay an executive level employee one year’s base salary, after it terminated his employment one year into a two-year,…more
It’s commonplace to say that “careful planning” is an obvious and vital element of any construction project, but it’s only the first foreseeable step in prevention. As all involved in 21st century construction are (or should be)…more
A “Pet Valu” franchisee in Ontario claimed that sales were declining, so she terminated the Franchise Agreement. After termination of the agreement, her husband established a competing “Pet Stuff” business nearby. When a…more
As an update to my previous post in August (click here), this bill (Bill C-8) has been re-introduced in Canadian Parliament, and is currently in second reading. Bill C-8 amends the Copyright Act and the Trade-marks Act to add…more
In the case of Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, released last Friday, the Supreme Court of Canada has declared the Alberta Personal Information…more
Zynga, the world’s largest app-developer has scored a win against the owner of the SCRABBLE brand. This case brings up several interesting points about international trade-mark protection in the era of apps…more
A trade-mark must be distinctive - if it is not, it is at risk of being unregistrable, and if for some reason it is registered, it is vulnerable to attack by a competitor.
In Bodum USA, Inc. v. Meyer Housewares Canada…more
A guarantee is a deed or written agreement in which a person enters into an obligation to answer for a default or omission of another person. Creditors commonly require guarantees from third parties before loaning money to…more
You should choose your business name with care, because the name of the corporation or the name under which a service or product will be sold has the potential to be a valuable asset of your business. Unless you take steps at…more
The app economy is, by most estimates, equivalent in size to the GDP of a small country: $15 billion in 2012, projected to mushroom to $74 billion by 2016. All that economic activity inevitably breeds litigation. In what appears…more
If you are a business owner or an entrepreneur, you have probably encountered non-disclosure agreements or agreements with a similar title: confidentiality agreements, CAs, NDAs or confidential disclosure agreements. These…more
The Kermode bear is a rare species of Canadian black bear, native to the beautiful province of British Columbia.
The recent case of City of Terrace v Canadian Pacific Phytoplankton Ltd., 2013 TMOB 156 brings the iconic…more
The club of Canadian provinces with private-sector privacy legislation welcomes a new member this year: Manitoba has passed the The Personal Information Protection and Identity Theft Prevention Act (PIPITPA), joining B.C.,…more
The old dictum “use it or lose it” has been applied countless times to trade-mark law (…and French as a second language) for the very good reason that it neatly sums up the ongoing requirement to put registered marks into actual…more
Zakhary v. College of Physicians and Surgeons of Alberta, 2013 ABCA 336 -
On October 3, 2013 the Alberta Court of Appeal upheld the decision of the College of Physicians and Surgeons of Alberta (“CPSA”) to publish…more
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