Category: Litigation & Dispute Resolution

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Ontario Court of Appeal Confirms That Online Newspapers Are Still “Newspapers”

July 18, 2017

On July 7, 2017, in John v. Ballingall, the Court of Appeal for Ontario (Court) confirmed that an online newspaper is a “newspaper” within the meaning of the Ontario Libel and Slander Act (LSA), attracting the same libel notice requirements and short limitation period protections as a print newspaper. In so doing, the Court affirmed the interpretation of the LSA…

Supreme Court of Canada Promises New Utility Test for Patents

July 18, 2017

What does “useful”, one of the basic requirements for the patentability of an invention, mean in Canadian patent law? On June 30, 2017, in AstraZeneca Canada Inc. v. Apotex Inc. (AstraZeneca), the Supreme Court of Canada (SCC) ruled that the threshold for utility is low — a mere scintilla will do. In fact, requiring anything more is not only overly…

Ontario Court Upholds Landmark Anti-Bribery Conviction

July 13, 2017

On July 6, 2017, in R. v. Karigar, the Ontario Court of Appeal (Court) dismissed an appeal by Mr. Nazir Karigar of his conviction for agreeing to offer a bribe to a foreign public official, contrary to section 3(1)(b) of the federal Corruption of Foreign Public Officials Act (CFPOA). In 2013, this was the first conviction against an individual under…

Supreme Court of Canada Allows British Columbians to Pursue Privacy Class Action Against Facebook

June 29, 2017

On June 23, 2017, in Douez v. Facebook Inc. (Douez), the Supreme Court of Canada considered the enforceability of forum selection clauses involving consumers and privacy rights. The application judge had declined to enforce a forum selection clause and granted class certification in an action alleging breaches of B.C.’s Privacy Act for unauthorized use of individuals’ names and likenesses. The…

Ontario Court of Appeal Confirms Ongoing “Gatekeeper” Function in Respect of Expert Evidence

June 22, 2017

In its recent decision in Bruff-Murphy v. Gunawardena (Bruff-Murphy), the Court of Appeal for Ontario (Court) set aside a jury award and ordered a new trial on the basis that the trial judge did not correctly apply the Supreme Court of Canada’s (SCC) test relating to the admission of expert evidence. The Court’s decision in Bruff-Murphy provides valuable guidance as…

Ready to IIROC and Roll: Alberta Legislation Grants Increased Investigative Powers to IIROC

June 21, 2017

Earlier this month, Alberta became the first province to grant the Investment Industry Regulatory Organization of Canada (IIROC) express, direct legal authority to collect evidence during the course of its investigations and provide statutory immunity from civil suits to IIROC staff acting in good faith in the course of those investigations, through the enactment of Bill 13: Securities Amendment Act,…

Supreme Court of Canada Rules No Discrimination for Termination of Drug-Addicted Employee

June 20, 2017

On June 15, 2017, the Supreme Court of Canada (SCC) released its decision in Stewart v. Elk Valley Coal Corp. (Stewart). Stewart is a welcome decision for employers looking to improve and enforce alcohol and drug policies in safety-sensitive workplaces. For related analysis regarding substance abuse in the workplace, see our May 2016 Blakes Bulletin: Suncor Clears Important Hurdle in…

Investment Industry Regulatory Organization of Canada Sets Priorities for 2018

June 19, 2017

The Investment Industry Regulatory Organization of Canada (IIROC) has released its priorities for 2018 (Priorities). The Priorities address issues related to policy development, enforcement and IIROC’s general supervisory mandate. The Priorities highlight IIROC’s focus on inspiring confidence and deterring wrongdoing, as well as its desire to achieve efficient regulation while being a “leading edge” regulator. They further offer a glimpse…

U.S. Court Upholds Privilege Claim Respecting Report Prepared Following Data Breach

June 15, 2017

Those following developments in the data breach litigation space will be interested in the recent decision, In re Experian Data Breach Litigation (In Re Experian), where the California District Court upheld a privilege claim over a forensic report prepared following a data breach. BACKGROUND This decision arises in the context of a class action brought against Experian Information Solutions Inc….

Alberta Court of Appeal Releases Landmark Decision on Contractual Interpretation

June 9, 2017

On May 26, 2017, the Alberta Court of Appeal (Court) released a landmark decision in IFP Technologies (Canada) Inc. v. EnCana Midstream and Marketing, which will impact principles of contractual interpretation in Alberta. In addition to the legal principles discussed below, the Court recognized that business “craves certainty”, is “understandably risk adverse” and so ensuring the proper interpretation of contractual…

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