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Canada Injunctions

Smart & Biggar

Canadian IP Litigation 2023: Year in Review

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The year 2023 witnessed several developments in Canadian IP litigation. From summary judgment finding its limits to the denial of a permanent injunction for the first time in almost three decades, several cases decided in...more

Smart & Biggar

Federal Court declines to grant injunction for infringement of HUMIRA formulation patent

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On December 4, 2023, the Federal Court issued its public judgment and reasons in two patent infringement actions pursuant to s. 6(1) of the Patented Medicines (Notice of Compliance) Regulations (“Regulations”) and two patent...more

Bennett Jones LLP

Arbitration, Court and Interim Injunctions: The Tricky Issue of Jurisdiction

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The recent Court of King's Bench of Alberta decision in 2329716 Alberta Ltd v. Randhawa [Randhawa] considered whether the court has jurisdiction to hear an interim injunction where the contracting parties agreed to resolve...more

American Conference Institute (ACI)

[Event] 14th Annual Law of Policing Conference, Eastern Edition - May 3rd - 4th, Toronto, ON, Canada

The Canadian Institute’s 14th Annual Law of Policing Conference, Eastern Edition, returns with curated programming that delves into the most critical challenges and controversial issues facing police services, police...more

Blake, Cassels & Graydon LLP

Alberta Court of Appeal Affirms Importance of Precise Language in Injunction Orders

On July 22, 2022, the Alberta Court of Appeal (the court) released its decision in Alberta Health Services v. Pawlowski. In the decision, the court affirmed the importance of precise and unambiguous language in injunction...more

Littler

Ontario, Canada Court Ends Injunction Staying Termination of Unvaccinated Employees under Mandatory COVID-19 Vaccination Policy on...

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On October 29, 2021, in Blake v. University Health Network, 2021 ONSC 7139 (Blake), the Ontario Superior Court of Justice discontinued an interim injunction that it had issued on October 22, 2021, staying the terminations of...more

Littler

Ontario, Canada Court Reminds Employers that Improperly Drafted Restrictive Covenants are Unenforceable

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In Labrador Recycling Inc. v. Folino, 2021 ONSC 2195 (Labrador Recycling), Ontario’s Superior Court denied an employer’s motion for an urgent injunction to restrain its former employee from competing with it contrary to the...more

Blake, Cassels & Graydon LLP

Second Thoughts? Alberta Court of Appeal Issues Rare Decision Reconsidering Prior Injunction Ruling

On June 29, 2020, in AC and JF v. Her Majesty the Queen in Right of Alberta, the Alberta Court of Appeal (ABCA) unanimously granted an application to reconsider a decision issued by the ABCA only nine months earlier. The ABCA...more

Smart & Biggar

Federal Court upholds validity of Janssen’s paliperidone palmitate patent

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On May 5, 2020, Manson J. of the Federal Court issued the second decision on the merits under the amended Patented Medicines (Notice of Compliance Regulations). The Court upheld the validity of Janssen’s patent for...more

Smart & Biggar

Top 10 Highlights of Canadian IP Law and Practice in 2017

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2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more

Bennett Jones LLP

Random Drug and Alcohol Testing on Hold in Alberta

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Justice Belzil of the Alberta Court of Queen's Bench has granted an injunction prohibiting Suncor Energy Inc. (Suncor) from implementing random drug and alcohol testing at its work site north of Fort McMurray (Unifor, Local...more

Blake, Cassels & Graydon LLP

Alberta Court of Queen’s Bench Grants Mandatory Injunction Against Balancing Pool

On November 22, 2017, the Court of Queen’s Bench of Alberta (Court) issued a mandatory injunction in favour of ENMAX Energy Corporation (ENMAX) compelling the Balancing Pool of Alberta to, forthwith and in good faith,...more

Bennett Jones LLP

Going to California—Google Asks U.S. Court to Declare Supreme Court of Canada's Global Injunction Unenforceable

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The Supreme Court of Canada recently confirmed the availability of a novel form of worldwide injunction whereby Google, a non-party to the litigation, was required to block worldwide access to websites operated by a...more

Bennett Jones LLP

Now You See It, Now You Don’t: SCC Upholds Worldwide Injunction That Alters Google Search Results

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The Supreme Court of Canada has upheld a novel injunction order against Google, requiring it to remove certain websites from worldwide search results. For litigants in Canadian courts, Google v. Equustek enlarges both the...more

Blake, Cassels & Graydon LLP

Maybe You Can Search This? SCC Grants Leave to Appeal From Global Restraining Order Against Google

The Supreme Court of Canada has granted leave to appeal from Equustek Solutions Inc. v. Google Inc., a decision that affirmed a global restraining order against Google Inc. (Google) and Google Canada Corporation (Google...more

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