Articles 2019

The intersection of intellectual property law and competition law is an area that gains greater significance with each passing year. Much of the focus in this area recently has been on the appropriate scope of action to take by regulators. Also important, but attracting less attention, is the application of common law doctrines against contracts in restraint of trade to agreements that are based on the enforcement of intellectual property rights.

This article considers the Ontario Court of Appeal's recent decision in Huang v. Fraser Hillary's Limited, 2018 ONCA 277, in which the court denied Ecojustice leave to intervene in an appeal.

On January 14, 2016, the Supreme Court of Canada denied Precision Plating Ltd.’s (“Precision Plating”) application for leave to appeal the British Columbia Court of Appeal’s (“BCCA”) decision in Precision Plating Ltd. v. Axa Pacific Insurance Co., (“Precision Plating v Axa”).

The civil decisions released by the Court of Appeal this week dealt with issues such as enforcement of terms of settlement, discoverability, the authority of a lawyer to act on behalf of an incapacitated client and others.

This article discusses the recent decision of DBDC Spadina Ltd. v. Walton, 2018 ONCA 60, and the implications of complex corporate structures and "shell games" for victims of fraud.

Topics covered this week include a claim of solicitor negligence; a claim that a judgment was for misappropriation while acting in a fiduciary capacity, and therefore survived bankruptcy; a relief from forfeiture case; a priority dispute between insurers in the MVA context; an administrative law decision in the union grievance context; and several decisions of a more procedural nature.

Below are this week’s Court of Appeal summaries. Topics covered this week included family law, slip and falls, commercial tenancies, civil procedure in the bankruptcy context and breach of contract. John Polyzogopoulos jpolyzogopoulos@blaney.com

Below are this week’s Court of Appeal summaries. Topics included Medmal, breach of contract, and several procedural decisions.

This article discusses the recent Supreme Court of Canada decision in R v Canadian Broadcasting Corporation, 2018 SCC 5, which addresses freedom of the press and expression over the importance of protecting the privacy rights of victims of crime.

Decisions this week were on a variety of issues. Raibex Canada Ltd. v. ASWR Franchising Corp. is an especially noteworthy decision for franchisors.