Field Law

VCC vs. VCC: Where’s the Confusion?

When we’re talking about trademarks, at which point do we measure whether there is confusion in the mind of the consumer? We reviewed this issue in 2015. In that earlier decision, Vancouver Community College sued a rival…more
| Intellectual Property, Science, Computers, & Technology

CPP Disability Benefits: To Deduct or Not to Deduct

The standard form SEF 44 endorsement (The Endorsement) was recently interpreted by the Supreme Court of Canada in the case of Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7. The Endorsement indemnifies an eligible…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Personal Injury

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

Alberta Court of Appeal confirms an obligee/trustee under labour and material payment bond has no legal duty to disclose the existence of such a bond to potential bond claimants until specifically asked about its…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance

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

The Plaintiff did not show a “want of diligence” in failing to take any proactive steps in discovering and naming the landlord of a nightclub as a defendant in a personal injury action five-and-a-half years after the accident. …more
| Civil Procedure, Personal Injury, Real Estate - Commercial

Defence & Indemnity - December 2016: IV. PRACTICE ISSUES

Successful application to dismiss the plaintiffs’ action pursuant to Rule 4.33 on the basis that three or more years had passed without a significant advance in the action and the new 3-year drop dead Rule applies…more
| Civil Procedure

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

A. Ontario Court of Appeal upholds zero jury damage award regarding a crumbling skull plaintiff. Jugmohan v. Royle, 2016 ONCA 827…more
| Civil Procedure, Civil Remedies, Personal Injury

Perspectives for the Professions: Case Summary: Third Party Accreditation

B.C. College of Optics Inc. v. The College of Opticians of British Columbia, 2016 BCCA 85, allowing an appeal of the lower Court’s finding that the regulator could not require a third-party assessment of a training program as a…more
| Administrative Law, Civil Procedure, Education, Health

Defence & Indemnity - December 2016: II. LIABILITY ISSUES B.

B. Where a contract for security services explicitly provides that it is not a contract for insurance and contains an enforceable liability exclusion clause, the security provider will not be liable for the loss. Suhaag…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Defence & Indemnity - December 2016: II. LIABILITY ISSUES

New privacy torts of intrusion upon seclusion and public disclosure of private facts were supported in Canada. R. v. John Doe, 2016 FCA 191, per Ryer J.A, Boivin J.A. and De Montigny J.A…more
| Civil Procedure, Personal Injury, Privacy

Perspectives for the Professions: Joint Submissions on Sanction: The Supreme Court of Canada Clarifies the Amount of Deference that Should be Given

In a previous article, we discussed a discipline tribunal’s role in considering joint submissions on sanction; namely, a discipline tribunal has the discretion to accept or reject a joint submission. Previous courts adopted…more
| Administrative Law, Criminal Law, Education

Defence & Indemnity - December 2016: I. INSURANCE ISSUES B.

A vehicle owned by the insured or spouse, if insured, may be an “uninsured automobile” when taken without consent and therefore may be entitled to coverage under the O.P.C.F. 44R Endorsement as an “inadequately insured…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Personal Injury

Perspectives for the Professions - January 2017: Case Summary: Test for Interim Conditions

Scott v. College of Massage Therapists of BC, 2016 BCCA 180, allowing an appeal of the lower Court’s decision to quash an interim condition on practice. A massage therapist was the subject of a complaint that he had…more
| Administrative Law, Civil Procedure, Education, Health, Personal Injury

Defence & Indemnity - December 2016: I. INSURANCE ISSUES A.

A. An insured killed by a thief driving the insured’s vehicle is entitled to coverage under his S.P.F. 44 Endorsement, notwithstanding that one part of the definition of “inadequately insured motorist” purports to exclude…more
| Civil Remedies, Commercial Law & Contracts, Criminal Law, Insurance, Personal Injury

Is There Copyright in a Screenshot?

Ever wanted to remove something after it had been swallowed up in the gaping maw of the internet? Then you will relate to this story about an individual’s struggle to have certain content deleted from the self-appointed memory…more
| Intellectual Property, Science, Computers, & Technology

Drone Patents

Last month, Amazon made its first delivery via drone with its Prime Air service. Remember, this is an e-commerce company not a drone manufacturer. Amazon is pushing the limits in the use of unmanned aerial vehicles (UAVs) and is…more
| Intellectual Property, Science, Computers, & Technology, Transportation
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2500 - 10175 101 ST NW
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