Articles 2023

In its findings, the Federal Court certified several questions, including one concerning the collateral attack doctrine. It remains to be seen the outcome at the Federal Court of Appeal.

In the fourth of a five-part series of posts on foundational faults in Bill C-11, Michael Geist argues that its regulated discoverability requirements are likely to harm Canadian creators, resulting in lost audiences and potentially millions in lost revenues.

My first post on Bill C-11 focused on the virtually limitless reach of the CRTC’s jurisdictional power over audio-visual services. The expansive approach in Bill C-11 isn’t limited to its jurisdictional reach, however. Not only does the law have few limits with respect to which services are regulated, it is similarly over-broad with respect to what is regulated, featuring definitions that loop all AV content into the law by treating all AV content as a “program” subject to potential regulation.

In an interview with Insurance Law Section member-at large Harold Geller, Sandra LeBrun, in-house counsel at Aviva Trial Lawyers (Ottawa Office), talks about her career path, her involvement in the insurance bar and broader legal community, her most memorable court appearance, her advice for junior lawyers, and more.

This article is the first of several in the series and looks at how defamation actions differ from other types of proceedings.

The Quebec Court of Appeal decision in Constellation Brands US Operations Inc. v. Société de vin internationale ltée 2021 QCCA 1664 has received a lot of attention for its discussion of when comparative advertising constitutes infringement and whether comparative advertising can depreciate goodwill. However, the case is noteworthy for its consideration of the court’s discretion to refuse to grant an accounting of profits after having found infringement, and this merits more discussion.