Bennett Jones LLP

Use of Competitors’ Trademarks as Google AdWords is not Infringement

The British Columbia Supreme Court has decided that the use of a competitor’s trademarks in Google AdWords does not constitute infringement. In Vancouver Community College v Vancouver Career College (Burnaby) Inc.,…more
| Education, Intellectual Property, Science, Computers, & Technology

What Condo Companies Can Do About Airbnb-like Organizations

Cheap, short-term rental accommodations through companies like Airbnb Inc. are popular for travelers and condominium owners, however they are not as appealing for condo corporations when they occur in their condo complexes…more
| Business Organizations, Commercial Law & Contracts, Real Estate - Residential

Potential Privacy Breach Results in the Conditional Certification of a Class Action

On July 27, 2015, the Federal Court conditionally certified a class action with respect to an alleged privacy breach arising from the federal government’s administration of the Marihuana Medical Access Program (the Program). In…more
| Civil Procedure, Health, Privacy

Privacy Commissioners Issue Joint Guidance on Bring Your Own Device Programs

An organization’s information can be put at risk when staff begin to bring their own devices and use them in the workplace. As a result, in such cases, an organization should consider adopting an appropriate “bring your own…more
| Labor & Employment Law, Intellectual Property, Science, Computers, & Technology

TSX Provides Guidance to Emerging Market Issuers

In recent years, emerging market issuers have faced greater scrutiny by Canadian regulators as a result of questions and concerns about issuers with significant business operations in emerging markets (emerging market issuers)…more
| Business Organizations, Commercial Law & Contracts, Securities Law

Breathing Room: The Alberta Court of Appeal Addresses the New Limitation Period for Third-Party Claims

The limitation period for a defendant seeking contribution from a third party has changed. In last month's Alberta Court of Appeal decision of Whitecourt Power Limited Partnership v Elliott Turbomachinery Canada Inc., 2015 ABCA…more
| Business Organizations, Business Torts, Civil Procedure, Commercial Law & Contracts

Change in Limitation Period Law Significant for Construction Projects

In Whitecourt Power Limited Partnership v Elliott Turbomachinery Canada Inc., 2015 ABCA 252 (Whitecourt Power), the Alberta Court of Appeal interpreted a recent amendment to the Limitations Act that changed the limitation period…more
| Business Torts, Civil Procedure, Civil Remedies

Significant Headwinds for Securities Class Actions

In April 2015, the Supreme Court of Canada released its decision in Theratechnologies Inc. v 121851 Canada Inc., 2015 SCC 18, in which it emphasized the need for a robust screening mechanism to prevent unmeritorious secondary…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Securities Law

Ontario Court Upholds Limitations on Liability for Misrepresentations Contained in Take-Over Bid Circulars

In a decision released on July 30, 2015, the Ontario Superior Court of Justice has clarified that plaintiffs seeking to advance claims under section 131(1) of the Securities Act (Ontario) alleging misrepresentation in a…more
| Civil Procedure, Commercial Law & Contracts, Securities Law

Just Perfect: Compensatory Patent Damages in Apotex Inc v Merck & Co, Inc

The Federal Court of Appeal has decided that when computing compensatory damages for patent infringement, the availability of a non-infringing alternative is now a legally relevant consideration that can reduce the lost profits…more
| Civil Remedies, Intellectual Property, Science, Computers, & Technology

Eliminating Tariffs on Information Technology (IT) Products: Expanded WTO List on the Horizon

On July 24, 2015 the World Trade Organization (WTO) announced that negotiators had agreed on a list of products and draft declaration to expand the product scope of the 1996 Information Technology Agreement (ITA). The proposed…more
| Commercial Law & Contracts, International Law & Trade, Science, Computers, & Technology, Taxation

Dangers of a Self-Drafted Letter Agreement

Court Unwilling to Impose a Reasonableness Limit on Expenditures - Exploration expenditures incurred to earn into a mining claim did not have to be reasonable, the B.C. Court of Appeal recently held in American Creek…more
| Commercial Law & Contracts, Energy & Utilities

Canada Announces Free Trade Agreement with the Ukraine

On July 14, at a ceremony near Ottawa, Prime Minister Stephen Harper and Ukrainian Prime Minister Arseniy Yatsenyuk announced the conclusion of negotiations on a Canada-Ukraine Free Trade Agreement (CUFTA)…more
| Commercial Law & Contracts, International Law & Trade

Supreme Court of Canada Clarifies Boundaries Between Provincial and Federal Courts

Robert Strickland and five other applicants sought to challenge the Federal Child Support Guidelines as unlawful. They argue that the Guidelines are not authorized by the Divorce Act. Unfortunately, this important issue, despite…more
| Civil Procedure, Family Law

Do Federal Employees Have a ‘Right to a Job’? The Supreme Court to Decide

The Supreme Court of Canada granted leave to appeal in Wilson v Atomic Energy of Canada Ltd. Federally regulated employers hoping that this important decision from the Federal Court of Appeal was the final word on the law of…more
| Labor & Employment Law
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100+ Attorneys

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