Canada’s patent linkage regulations get long-awaited makeover

On July 15, 2017, the Government of Canada proposed major amendments to the Patented Medicines (Notice of Compliance) Regulations, the patent linkage...

Division continues amongst Canadian securities regulators regarding best interest standard

Amid division across the Canadian securities regulators, the Ontario Securities Commission appears determined to move forward with a best interest...

Can counterclaims be certified as class actions?

Counterclaims are not often certified as class proceedings. But can they be? In Thorne v. College of the North Atlantic, a panel of three judges of...

Supreme Court clarifies test for personal liability of directors for oppressive conduct

In its decision released today in Wilson v Alharayeri, the Supreme Court of Canada affirmed the test as to when liability may be assigned to...

The Court of Appeal confirms that the franchisor’s duty to inform can extend to third parties

In the case of Camions Daimler Canada ltée c. Camions Sterling de Lévis inc., 2017 QCCA 798, the Court of Appeal confirmed that the duty to inform...

The importance of signing a proper franchise agreement

The case of Duchesneau c. Gestion Milsa inc., 2017 QCCS 1593 serves as a reminder of the importance of signing a franchise agreement before starting...

Major U.S. court decisions change patent landscape for Canadian companies

A pair of recent U.S. Supreme Court decisions in patent cases have the potential to alter the risk landscape for cross-border commercialization.

Canada’s federal banking regulator releases advisory on the use of the Bank Words: Implications for FinTechs, credit unions and other financial services providers

On June 30, 2017, the Canadian banking regulator, the Office of the Superintendent of Financial Institutions, issued an advisory that sets out how...

U.S. Supreme Court to provide needed clarity on whistleblower protections

On June 26, 2017, the United States Supreme Court greenlit an appeal that will address the definition of a “whistleblower” under the U.S....

Supreme Court holds that promises are not the yardstick to measure patent utility in Canada

The Supreme Court of Canada issued its highly anticipated reasons in AstraZeneca v Apotex 2017 SCC 36. The Supreme Court rejected the “promise...