Field Law

Dear Trademark: Don’t Ever Change

Change is not always good, particularly in the world of registered trademarks. If your trademark changes over time - due to the vagaries of marketing trends, fashion, style - you may find that your mark no longer matches the…more
| Intellectual Property

Limitations of Liability: Do they work in the Alberta Oilpatch?

Let’s consider that contract you’re about to sign. Does it contain a limitation of liability? And if so, are those even enforceable? It’s been several years since we last wrote about limitations of liability and exclusion…more
| Commercial Law & Contracts, Energy & Utilities

Apple’s Liability for the Xcode Hack

I don’t think I’m going out on a limb by speculating that someone, somewhere is preparing a class-action suit based on the recently disclosed hack of Apple’s app ecosystem. How did it happen? In a nutshell, hackers were able to…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Forum Selection in Online Terms

Let’s say you’re a Canadian company doing business with a US supplier - which law should govern the contract? ‘Forum selection’ and ‘governing law’ refer to the practice of choosing the applicable law and venue for resolving…more
| Civil Procedure, Commercial Law & Contracts, Science, Computers, & Technology

What Happens When a Franchise Agreement Ends, Part Three: Rescission

In our previous posts (See Part 1 and Part 2), we reviewed restrictive covenants and cancellation rights under franchise laws. In a recent decision out of the Ontario Court of Appeal, the dispute focussed on the right of…more
| Commercial Law & Contracts, Franchise Law

Patent Update: Infringement and “Non-Infringing Alternatives”

If you are a patent owner, you are entitled to damages if someone infringes your patent. The measure of damages is compensatory damages, lost profits or a “reasonable royalty”. Is it fair for the infringer to say that the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Is the Mark used as a Trademark or a Trade Name?

Apple Inc. sells Apple-branded computers. Is Apple a trademark or a trade name? And what’s the difference anyway? And perhaps most importantly, why should you even care? A trademark is a protectable brand that distinguishes the…more
| Intellectual Property

No copyright or trademark protection for metatags

What if a competitor copied the metatags on your website and you watched web traffic bleed from your own site while the competitor’s site enjoyed a bump in hits? Are metatags subject to copyright or trademark protection?…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Thou Shalt Not Deceive: The New Commandment for Canadian Business

In 2014, the Supreme Court of Canada rendered two decisions relating to the law of contract. Parties doing business in Canada should be aware of these decisions because they have significantly changed how contracts are to be…more
| Commercial Law & Contracts

One Number to Rule Them All: The New Common Business Number Act

On April 30, 2015, Bill 12: the Common Business Number Act (the “Act”) came into force in Alberta. The Act created the authority for Alberta to adopt the Canada Revenue Agency’s (“CRA”) Business Number system (“BN”). The BN is a…more
| Business Organizations, Commercial Law & Contracts, Taxation

Question Everything…Except the Witness - Tips on Maintaining Impartiality From R. v. Crawford, 2015 ABCA 175

On a frigid January night, Mr. Crawford was along for the ride when one of his companions—fuelled by alcohol and jealous suspicion, and armed with a completely ineffectual pellet gun—decided to steal a vehicle. Mr. Crawford was…more
| Criminal Law

Canada Labour Code Does not Grant Non-Unionized Employees a "Right to the Job"

In Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17 ("Wilson"), the Federal Court of Appeal (FCA) made a game-changing decision when they unanimously found that without-cause dismissals of non-unionized employees are…more
| Civil Procedure, Labor & Employment Law

Written Reasons in Administrative Decisions

Fashoranti v. College of Physicians and Surgeons of Nova Scotia, 2015 NSCA 25, dismissing an appeal from the disciplinary committee’s finding that a physician committed unprofessional conduct. A physician was charged with…more
| Administrative Law, Civil Procedure, Labor & Employment Law, Health

Court of Appeal Upholds Injunction Against Google (Equustek Solutions Inc. v. Google Inc.)

Apparently Google does not appreciate being ordered by a Canadian court to remove worldwide search results. In Update on Injunction Against Google (Equustek Solutions Inc. v. Google Inc.) we reviewed a 2014 decision in which…more
| Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Case Summaries: Equivalency of Registration Requirements

Registrar of the Association of Professional Engineering of Ontario v. Gurpersaud, 2015 ONSC 804 (Ont. Div Ct), dismissing an appeal by the Registrar of the Registration Committee’s decision to issue a licence to…more
| Civil Procedure, Commercial Law & Contracts, Construction Law
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2000, 10235 - 101 Street NW
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