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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...

The Jordan framework applies to contempt of court proceedings in civil matters

In St-Amour v. Major, the Superior Court decided that the new framework defined by the Supreme Court in R. v. Jordan regarding the right to a trial...

6524443 Canada Inc. v. Toronto (City): Ontario Court of Appeal Considers Rights of Appeal in the Context of Arbitrations

In 6524443 Canada Inc. v. Toronto (City), 2017 ONCA 486, the Court of Appeal for Ontario considered whether the appellant’s only right of...

Supreme Court of Canada upholds global search engine de-indexing decision: Five implications for internet intermediaries

On June 27, 2017, the Supreme Court of Canada upheld an injunction that requires Google to remove an entire website from its global search index, in...

U.S. Supreme Court restrains SEC disgorgement powers

Earlier this month, a unanimous Supreme Court of the United States held that in SEC enforcement proceedings, claims for disgorgement must be...

$1 billion proposed class action in the U.S. ploughs ahead

Last week, the U.S. Ninth Circuit upheld a district court’s decision in Cooper v. Tokyo Electric Power to deny defendant Tokyo Electric Power...

Supreme Court of Canada lends an enforcement hand to intellectual property right owners

In Google Inc v Equustek Solutions Inc, 2017 SCC 34 (June 28, 2017) (Equustek), the Supreme Court held that Canadian courts have discretion to issue...