Field Law

Wait… Did you say jail time for trademark infringement?

Imprisonment in intellectual property infringement cases is rare - although not unheard of. The message from a recent Canadian Federal Court decision is… don’t mess with the Court. They expect compliance with their orders and a…more
| Criminal Law, Intellectual Property

Artist Sues Starbucks Claiming Copyright Infringement

New York artist Maya Hayuk was approached by an advertising agency working for Starbucks, to see if she would assist them with a proposed advertising campaign. Ms. Hayuk is known internationally for her paintings using bold…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Google Appeals Equustek to SCC

The Google and Equustek Saga has garnered attention across Canada and even among US commentators (something rare for Canadian decisions). In September, 2015, Google Inc. filed an application for leave to appeal the decision to…more
| Civil Procedure, Communications & Media Law, Constitutional Law

Online Infringement and Norwich Orders: an update

This is a case that became something of a lightning rod in the storm of subscriber privacy rights vs. copyright. As we wrote in our earlier post, a copyright owner can only enforce its rights against online infringement if it…more
| Civil Procedure, Communications & Media Law, Intellectual Property, Privacy

Trademarks and Metatags: an update

What if a competitor cut and paste the metatags from your website and used them on the competitor’s site? Is there a remedy under Canadian law? Are metatags subject to trademark protection? The answer is… it depends. Red Label…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Amendments to Canadian Intellectual Property Laws …Delayed

As an update to our earlier post, we note that the Intellectual Property Institute of Canada, in its most recent bulletin, is estimating that the anticipated changes to Canada’s intellectual property laws - including the…more
| Intellectual Property, International Law & Trade

Non-Disclosure & Confidentiality: A Cautionary Tale

A confidentiality agreement is signed. So… confidentiality is covered, right? This 2014 case, nClosures Inc. v. Block and Company, Inc., No.13-3906 & 14-1097 (7th Cir., Oct. 22, 2014), shows that the answer is “not so fast”. In…more
| Commercial Law & Contracts, Intellectual Property

CBC v. SODRAC: Supreme Court on Canadian Copyright

The CBC, like all television broadcasters, makes copies of various works - such as music and other content - in the course of preparing programs for broadcast. So-called “synchronization copies” are used to add musical works to…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Infringing Sales Through Amazon

A U.S. court recently decided that it would take jurisdiction over a seller who sold allegedly infringing products through online retailers such as Amazon.com. PetEdge Inc. a Massachusetts-based manufacturer, owns a patent and…more
| Communications & Media Law, Intellectual Property

Online Defamation: Linking and Liking

Defamatory content on the internet?? Throw a metaphorical rock into the ether and you’ll hit something that meets the definition of defamatory content. In order to establish a claim for defamation, a plaintiff must establish…more
| Communications & Media Law

Changes to Court Fees in Alberta

The Budget delivered by the Alberta Government on March 26, 2015 announced an increase in court filing fees. The new fee schedule went into effect on May 1, 2015. Some of the fee schedules coming from the Court of…more
| Civil Procedure, Insurance

Police and Adjuster Statements – Admissible or Not?

The Alberta Court of Appeal in the recent case of R. v. Porter, 2015 ABCA 279, has concluded that neither a statement made to the police pursuant to the Traffic Safety Act section 71, nor a statement provided to an insurance…more
| Criminal Law, Insurance

Case Summaries: Expired Appeals

Clark v. Institute of Chartered Accountants of Alberta (Complaints Inquiry Committee), 2015 ABCA 271, concluding that an appeal of disciplinary findings to the Court of Appeal should not be restored after it was deemed abandoned…more
| Administrative Law, Civil Procedure, Finance & Banking

Standard of Review in Discipline Matter

Professional Conduct Committee of the Saskatchewan College of Paramedics v. Bodnarchuk, 2015 SKCA 81, reinstating a decision of the College Discipline Committee. A paramedic was disciplined by a Discipline Committee of…more
| Administrative Law, Civil Procedure, Education, Health

Determining Reasonable Notice: Is Character of Employment a Less Important Factor?

As an employer, when terminating an employee without just cause, it is important to have some sense of the reasonable notice period a court might award in the circumstances in order to prepare an appropriate severance offer…more
| Labor & Employment Law
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2000, 10235 - 101 Street NW
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