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Evidence Canada

Bennett Jones LLP

Kissing Registration Goodbye: Deficient Online Survey Evidence Cannot Save Application for SWISSKISS

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Survey evidence can be used in trademark disputes to establish consumer perception and brand power. A recent Federal Court decision provides guidance on factors that may influence the admissibility of online survey evidence....more

American Conference Institute (ACI)

[Event] 15h Annual Law of Policing Conference, Eastern Edition - May 8th, Mississauga, ON, Canada

Canadian Institute’s Law of Policing Conference, Eastern Edition, returns to Mississauga with the latest updates on how policing is progressing in Canada. Join this conference for two days of meaningful conversations and...more

American Conference Institute (ACI)

[Event] Police Tech Conference & Expo - April 30th - May 1st, Mississauga, Ontario, Canada

Hosted by CI, the Police Tech Conference & Expo returns for another exciting year with curated programming that will allow you to experience the captivating convergence of Canada’s senior law enforcement officers and the...more

Stikeman Elliott LLP

I’m Listening: BC Appeal Court Confirms that Secretly Recording Colleagues Constitutes Just Cause

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In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (“Shalagin”), the British Columbia Court of Appeal affirmed that surreptitiously recording fellow employees may constitute just cause....more

Smart & Biggar

Medical Devices updates: Annual performance report, new guiding principles for PCCPs for machine learning-enabled medical devices,...

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Medical Devices Directorate Performance Annual Report - In September 2023, Health Canada published the Medical Devices Directorate Performance Annual Report for April 1, 2022, through March 31, 2023. The report provides...more

American Conference Institute (ACI)

[Event] 14th Annual Law of Policing Conference - November 7th - 8th, Surrey, BC, Canada

A dynamic look at how policing is progressing in Canada. From the national rollout of Body Worn Cameras and the implementation of DEMS to support it, from amendments to provincial Police Act and firearms legislations to the...more

Esquire Deposition Solutions, LLC

Technology Is No Substitute for Careful Planning of International Depositions

No doubt remote deposition technology is compelling. Not only can remote depositions lower litigation spending and free up valuable attorney hours, they offer litigators the ability to efficiently depose witnesses located...more

Blake, Cassels & Graydon LLP

Un tribunal canadien radie un rapport d’expert et refuse d’autoriser une action collective contre des sociétés pharmaceutiques

L’Institut canadien d’information juridique a publié récemment une décision clé en matière d’action collective qui est passée sous le radar. Dans l’affaire Graham et al v. Hoffmann-La Roche Limited et al. (l’« affaire Graham...more

Blake, Cassels & Graydon LLP

Canadian Court Strikes Plaintiffs’ Expert Evidence, Denies Certification of Pharmaceutical Class Act

The Canadian Legal Information Institute recently published an overlooked but important class action decision of the Saskatchewan Court of King’s Bench (Court) in Graham et al. v. Hoffmann-La Roche Limited et al. (Graham)....more

American Conference Institute (ACI)

[Event] Police Tech Conference & Expo - February 28th - March 1st, Mississauga, ON, Canada

Hosted by CI, the inaugural Police Tech Conference & Expo provides the unique opportunity to experience hands-on the latest technology solutions specifically tailored for law enforcement. Learn how new devices and services...more

Blake, Cassels & Graydon LLP

Court Strikes Expert Reports Pre-Trial in Complex Case

The Alberta Court of Queen’s Bench, in CNOOC Petroleum North America ULC v. 801 Seventh Inc., struck out material portions of two expert reports filed by the plaintiff on a pre-trial basis. This complex trial is scheduled for...more

Association of Certified E-Discovery...

[Webinar] Demystifying CaseLines - November 17th, 11:00 am - 12:00 pm ET

Canadian Courts have taken strides in introducing electronic tools to assist the judiciary to forge ahead in a virtual environment. CaseLines is a front runner in providing a platform to simplified management and sharing of...more

Smart & Biggar

FCA upholds reconsideration decision maintaining $100M+ award against Apotex for cefaclor patent infringement

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Update: On September 28, 2021, Apotex applied to the Supreme Court of Canada for leave to appeal (Docket No. 39851).  On July 23, 2021, the Federal Court of Appeal (FCA) dismissed Apotex’s appeal of the Federal Court’s (FC)...more

Smart & Biggar

Federal Court of Appeal confirms Janssen’s SPRAVATO not eligible for data protection

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Update: On November 10, 2021, the Minister rejected Janssen’s second request for data protection for SPRAVATO, which was submitted following the coming into force of the Canada-United States-Mexico Agreement (CUSMA). The...more

Smart & Biggar

Federal Court denies stay of decision issuing NOC for RUZURGI

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On September 30, 2020, the Federal Court dismissed an application by Catalyst Pharmaceuticals Inc (Catalyst) and KYE Pharmaceuticals Inc (KYE) (collectively, the applicants) for an interlocutory injunction to stay the...more

Dickinson Wright

Critical Ontario Appeal Decision on Preservation of Property

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Preservation of property during litigation is dealt with under rule 45 of the Ontario Rules of Civil Procedure. The traditional test under rule 45 was designed for situations where the thing being preserved was the subject of...more

American Conference Institute (ACI)

[Virtual Event] Law of Policing Conference, Eastern Canada Edition - May 6th - 7th, 9:00 am - 4:15 pm EDT

The Canadian Institute’s 12th Annual Law of Policing Conference, Eastern Canada edition will take place May 6 & 7, 2021. This year’s event will take an in depth look at some of the social movements that are demanding change...more

Smart & Biggar

New Federal Court Guidelines for Complex Proceedings consolidate and update previous guidelines

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Update: The Federal Court updated the Guidelines on May 18, 2021, which can be found here. The Federal Court has released a new consolidated practice direction, Case and Trial Management Guidelines for Complex...more

Littler

Ontario, Canada: New “False Light” Privacy Tort and How It Might Impact Employers

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Yenovkian v. Gulian, 2019 ONSC 7279 is a recent family law decision that is significant beyond the family law context, including in the employment law context.  In this decision, Justice Kristjanson of the Ontario Superior...more

Bennett Jones LLP

What Constitutes Surrounding Circumstances in Contractual Interpretation? The Alberta Court of Appeal

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Pre-contract negotiations, such as prior drafts of agreements, are generally inadmissible as part of "surrounding circumstances" when interpreting a contract, and parties' subjective intentions are always inadmissible, the...more

Bennett Jones LLP

The Balance of Convenience in Judicial Review Applications—A Lesson in the Cannabis Space

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In judicial review applications, the reviewing court's decision to grant a remedy is discretionary, even if the applicant makes out its case on the merits (although typically the court will grant remedial relief where the...more

Smart & Biggar

Orders of prohibition relating to polymorphic form patent for PRISTIQ upheld on appeal

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As previously reported, the Federal Court, in a pair of decisions, granted orders prohibiting Apotex and Teva from marketing their generic o-desmethyl-venlafaxine (ODV) succinate products (Pfizer’s PRISTIQ) until expiry of...more

Bennett Jones LLP

Looking Forward Class Actions in 2019

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For the last six years, the Bennett Jones Class Actions Practice Group has published an annual year-in-review: our attempt to recap some highlights in class action litigation over the last year and make some soft predictions...more

Bennett Jones LLP

US $2.6-Billion Fraud Judgment Awarded Against Former Sino-Forest CEO

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On March 14, 2018, the Honourable Justice Penny of the Ontario Superior Court (Commercial List Division) released a decision granting a US$2.6-billion judgment to the SFC Litigation Trust for fraud and breach of fiduciary...more

Smart & Biggar

Federal Court of Appeal dismisses Teva’s levofloxacin damages appeal

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On February 8, 2018, the Federal Court of Appeal issued public reasons for its decision dismissing Teva’s appeal relating to the damages and costs awarded against it for its infringement of Janssen’s patent for levofloxacin...more

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