Field Law

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

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

A. TMJ, concussion, depression, PTSD, and chronic pain held not to be “minor injuries” within the meaning of the Minor Injury Regulation. McLean v. Parmar, 2015 ABQB 62, per Eidsvik, J. [4177]…more
| Civil Remedies, Insurance, Personal Injury

Defence & Indemnity - April 2016: II. LIABILITY ISSUES

Where an owner consents to possession of a vehicle to the driver, conditions on that consent do not bind third parties who are injured or suffer loss. Fernandes v. Araujo, 2015 ONCA 571 [4179]…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Personal Injury

IP Infringement Claim Against Canadian Company Stays in U.S.

Where should a lawsuit be heard? Canada? The US? In other posts we discuss the idea of a “choice of law” and “forum selection” clauses in contracts. In those cases, the parties agree to a particular forum in advance. What…more
| Civil Procedure, Civil Remedies, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Defence & Indemnity - April 2016: I. INSURANCE ISSUES

General information of claims practices and company personnel obtained by an insurer’s in-house counsel is not the type of confidential information that will disqualify the lawyer from acting as Plaintiff’s counsel against the…more
| Business Torts, Commercial Law & Contracts, Insurance, Labor & Employment Law, Professional Malpractice

Prohibition on Pharmacy Inducements Beyond College of Pharmacists’ Authority

In Sobeys West Inc v. Alberta College of Pharmacists, 2016 ABQB 232, the Alberta Court of Queen’s Bench held that amendments to the College of Pharmacists’ Codes of Ethics and Standards of Practice prohibiting inducements to…more
| Administrative Law, Civil Procedure, Education, Health, Science, Computers, & Technology

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
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