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Washington Post Journalist Jason Rezaian on His Iranian Imprisonment
Polsinelli Podcasts - Removing Caps on Punitive Damages: What is the Impact on Business?
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In Breen v Foremost Industries Ltd, 2023 ABKB 552, the Court of King’s Bench of Alberta dismissed the claim of a President and CEO that he had been wrongfully dismissed from his employment, finding that his employment had...more
How Recent Decisions Signal a Potentially Expanded Approach to Aggravated and Punitive Damages - Two recent decisions: Moffatt v Prospera Credit Union [Moffat], from the British Columbia Supreme Court, and Russell v The...more
Punitive damages are awarded against an employer in favour of an employee only if the employer engaged in wrongful acts that are outrageous, reprehensible, and offensive to ordinary standards of decent conduct in the...more
The Federal Court of Canada (the “FCTD“) recently released Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, in which it considered whether a cannabis company, Herbs “R” Us Wellness Society (“Herbs R Us“), had...more
In a recent decision of Canada’s Federal Court illustrates the danger of adopting a mark or name “inspired” by a famous or well-known brand, even when confusion is unlikely. The decision is a cautionary tale, particularly for...more
Late last month, in a landmark decision heralded by brand owners, the U.S. Supreme Court ruled in Romag Fasteners, Inc v Fossil Group, Inc that a plaintiff in a trademark infringement suit is not required to show that a...more
Recently, in Wiseau Studio, LLC et al v Harper et al, 2020 ONSC 2504, the Ontario Superior Court of Justice dismissed an action for copyright infringement brought against the makers of a documentary that used clips from the...more
Brand owners looking to enforce their rights expeditiously (and inexpensively) need look no further than Canada, which offers brand owners a number of tools to obtain relief against infringers and counterfeiters in a...more
Earlier this month we published an exhaustive review of the life sciences and regulatory cases in the Canadian courts, and decisions on the merits for the year are summarized in our in our Rx IP Update 2018 Highlights in...more
The provisions of the United States–Mexico–Canada Agreement (USMCA) – known as the Canada-United-States-Mexico Agreement or CUSMA in Canada – have attracted considerable attention due to their perceived impact on the Canadian...more
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
The Ontario Divisional Court says it’s $75,000. In Elmardy v Toronto Police Services Board, a significant decision by the Divisional Court, the three-judge panel awarded a victim of racial profiling damages of $75,000....more
It's been a costly week for intentional infringers of intellectual property (IP) rights. In two separate decisions, the Federal Court of Canada has awarded $1 million in punitive damages. These are among the highest punitive...more
In a precedent-setting decision issued yesterday, Nintendo of America Inc v King et al, 2017 FC 246, the Federal Court awarded $12,760,000 in damages for circumvention of technological protection measures (TPMs) and copyright...more
Last week, Gretchen Carlson, the Fox News anchor, sued Fox News chairman Roger Ailes, accusing him of harassment and sexism. Though Ailes denies the allegations, the trial will be closely followed, both because of the...more
In the recent decision Biondi c. Syndicat des cols bleus regroupés de Montréal (SCFP-301), the Superior Court of Quebec (Court) ordered the Syndicat des cols bleus regroupés de Montréal (Union) to pay C$2-million in punitive...more
A recent case from the Ontario Superior Court of Justice, Gordon v. Altus Group Ltd., serves as a reminder that employers should not exaggerate facts when asserting a defense of “just cause” termination....more