SCC Confirms Leave Test for Securities Class Actions Has Teeth
On April 17, 2015, the Supreme Court of Canada provided Canadian public companies with an important win, holding that the test for leave to start a class action for breach of a company’s secondary market disclosure requires the court to evaluate the evidence and conclude that there is a reasonable and realistic chance that the action will succeed.
File early and watch closely as Canada’s IP rules change
Ottawa managing partner Donna White chats with Canadian Lawyer InHouse about important changes to Canada's intellectual property laws that will force companies to keep an eagle eye on their trade-mark and patent applications.
Federal Budget Proposes Statutory Privilege for Canadian Intellectual Property Agents
As part of the federal budget tabled on April 21, 2015, the Canadian government announced plans to modernize Canada’s intellectual property framework by creating a statutory privilege for confidential communications between intellectual property agents and their clients.
Ontario Court of Appeal Decides Ostrander Wind Farm Project and Sends Dispute Back to the ERT
In an important decision for stakeholders in the Ontario renewable energy industry, the Ontario Court of Appeal overturned the Divisional Court’s decision, which had reinstated a Renewable Energy Approval previously revoked by the ERT. Ultimately, the Court confirmed the reasonableness of the ERT’s decision that “serious and irreversible harm” would occur to an endangered turtle species as a result of the project, but chose to remit the issue of the appropriate remedy back to the ERT to decide.
Budget Briefing 2015
The Honourable Joe Oliver, Minister of Finance, tabled Canada’s federal budget for 2015 on April 21, 2015. In his budget speech, the Minister repeated the government’s commitment to maintaining low taxes, balancing the budget and returning Canada to a position of fiscal strength after the 2008-2009 recession. Our Budget Briefing 2015 summarizes the more significant tax proposals included in this year’s budget.
Québec Court of Appeal Upholds Finding of Franchisor’s Obligation to Maintain Brand Strength
In a highly anticipated decision released on April 15, 2015, the Québec Court of Appeal upheld the controversial decision of Justice Tingley of the Québec Superior Court that the Dunkin’ Donuts franchisor in Québec breached its franchise agreements with its Québec franchisees by failing to adequately support them in the face of the “Tim Hortons phenomenon.”
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