Expert Guides - Canada

What to watch for in Canadian Trademark Law

Canada’s framework for trademark protection continues to change, with plans to implement major amendments now scheduled for early 2019, and several new pieces of legislation that impact tobacco products, foods and beverages for children, and marijuana products

03/05/2017 Cynthia Rowden, Bereskin & Parr, Canada

Cybersecurity: Risks, Liabilities and Strategies

Cybersecurity is the set of systems, policies and procedures that an organization has in place to address cyber risk

03/05/2017 Amy-Lynne Williams, Deeth Williams Wall, Canada Michael House, Deeth Williams Wall, Canada

The Cost-Effectiveness of Patent Litigation in Canada

Two important considerations for a patentee deciding whether to litigate the infringement of its patents are the likelihood of success and, of course, the cost of doing so

29/03/2017 Ron Dimock, DLA Piper, Canada Bentley Gaikis, DLA Piper, Canada

What might the next few years hold for Canadian pharmaceutical patent law?

An appeal to the Supreme Court of Canada on patent utility, a NAFTA investor-state dispute also on utility, and CETA provisions changing the nature of Canadian patent litigation, appeal rights and patent term extension, all weigh on the path ahead for Canada’s patent law, particularly as it applies...

29/03/2017 R Scott MacKendrick, Bereskin & Parr, Canada Noel Courage, Bereskin & Parr, Canada Melanie Szweras, Bereskin & Parr, Canada

The Darknet: What Every Technology Lawyer Must Know

The portion of the Internet that most people generally use is only one of three layers of the Internet

27/02/2017 Sheldon Burshtein, Blake Cassels & Graydon, Canada

Can you contract out of the Limitation of Liability Convention? A cautionary tale

The English Supreme Court recently dealt with whether parties to a contract involving the use of a vessel can, and did, exclude the application of the Convention on Limitation of Liability for Maritime Claims 1976 (the “Convention”)

24/01/2017 Shelley Chapelski, Norton Rose Fulbright, Canada Kaitlin Smiley, Norton Rose Fulbright, Canada

Real estate investment in Canada

In Canada, the savvy real estate investor has a myriad of opportunities across the spectrum of real estate asset classes

19/01/2017 Savvas Kotsopoulos, Miller Thomson, Canada Rosa L Mauro, Miller Thomson, Canada

Project bank accounts, their time has come

Despite the robust construction activity in Canada, insolvencies of owners and construction companies are at a pace that is significantly higher than the number of insolvencies ten years ago

19/01/2017 John Margie, Glaholt, Canada

Interim Relief and the Court’s Role

Arbitration provides parties with a unique opportunity to prospectively choose a private system of justice

14/10/2016 Joe McArthur, Blake Cassels & Graydon, Canada

Strategy Rethink: Canada’s Changing Trademark Topography

There is good news for brand owners in Canada: important civil, procedural and administrative changes mark a decisive shift in the enforcement of trademarks, providing a broader scope of rights and swifter mechanisms in Canada

26/08/2016 Monique M Couture, Gowling WLG, Canada

When it comes to biologics, Canada dances to a different tune

The “patent dance” in the U.S. has received a great deal of attention in the last few years, with pharmaceutical companies, their counsel and the courts struggling to determine the scope and meaning of the Biologics Price Competition and Innovation Act (BPCIA)

26/08/2016 Daphne C Lainson, Smart & Biggar / Fetherstonhaugh, Canada Nancy Pei, Smart & Biggar / Fetherstonhaugh, Canada

Extraordinary Damages in Canadian Employment Law

Reviewing the state of damages in Canadian employment law, one notion overshadows all others – progressive

26/08/2016 Natalie C MacDonald, Rudner MacDonald, Canada

Canadian Appellate Court Holds that Reinsureds Must Establish Legal Liability in the Absence of a Follow Settlements Clause

In Swiss Reinsurance Company v. Camarin Limited, the British Columbia Court of Appeal clarified the test for proving liability under a reinsurance contract absent a follow the settlements clause

25/08/2016 Dominic T Clarke, Blaney McMurtry, Canada Avi Sharabi, Blaney McMurtry, Canada

Canada’s Limited Response to BEPS

On March 22, 2016, the Minister of Finance tabled Canada’s 2016 federal budget (the 2016 Budget)

05/08/2016 Robert A Kopstein, Blake Cassels & Graydon, Canada Dan Jankovic, Blake Cassels & Graydon, Canada

Independent Tort of Spoliation in Canada – A Stairway to Heaven, or the Long and Winding Road?*

Spoliation is the longest metaphorical four-letter word known to product liability lawyers in Canada

24/06/2016 Peter J Pliszka, Fasken Martineau, Canada

Supreme Court of Canada to Consider “Promise of the Patent” Doctrine

The law relevant to the utility requirements for patentability has frequently been the focus of litigation in Canada in recent years

24/06/2016 Gunars A Gaikis, Smart & Biggar / Fetherstonhaugh, Canada

Anticipated Amendments to Canadian Trade Remedy Law and Practice

For Canadian practitioners and businesses affected by domestic trade laws and international trade agreements, 2015 and the early part of 2016 have been marked by important developments in international trade law

24/06/2016 Christopher J Kent, Cassidy Levy Kent, Canada Susana May Yon Lee, Cassidy Levy Kent, Canada Jana Keeley, Cassidy Levy Kent, Canada

Insurance Implications of Natural Disasters: An Overview of the Fort McMurray Wildfires

On May 1, 2016, a wildfire began in Fort McMurray, Alberta, that has raged on for weeks

24/06/2016 Mark G Lichty, Blaney McMurtry, Canada Michael Ahmadi, Blaney McMurtry, Canada

Recent Changes in Canadian Intellectual Property Law

Canada has seen a number of legislative changes in 2014 and 2015 to its Industrial Design Act, the Plant Breeder’s Right’s Act and the Patent Act

23/06/2016 Carmela DeLuca, Bereskin & Parr, Canada

Trade Remedies: Recent Proliferation of Judicial Reviews in Canada

Over the past few years, Canada has seen an increasing amount of judicial reviews (which are a type of appeal in Canada) of Canada Border Services Agency (“CBSA”) and Canadian International Trade Tribunal (“CITT”) decisions to the Federal Court of Appeal (“FCA”)

23/06/2016 Andrew Lanouette, Cassidy Levy Kent, Canada

Aircraft Security Registrations in Canada: General Overview and Recent Changes

The perfection of security interests in aircraft in Canada is a two-prong process

24/05/2016 Carlo Vairo, Dentons, Canada Alessandro Bozzelli, Dentons, Canada

Trademark use and the internet in Canada: The pendulum swings back and forth

he issue of whether a trademark is “used” in Canada is of paramount importance for purposes of securing, maintaining and enforcing trademark rights here

13/05/2016 Susan J Keri, Bereskin & Parr, Canada

Product liability and the evolving landscape of expert evidence admissibility in Canada

Expert evidence is crucial in almost all Canadian product liability cases.

23/03/2016 Robert B Bell, Lerners, Canada Jameel Madhany, Lerners, Canada

Conducting business in Canada: Navigating Canada’s anti-corruption laws

Canada has actively been taking steps to develop its anti-corruption landscape, including the implementation of new laws and policies designed to compliment Canada's equivalent of the U.K. Bribery Act, the Corruption of Foreign Public Officials Act (“CFPOA”)

22/01/2016 Mark A Morrison, Blake Cassels & Graydon, Canada Michael Dixon, Blake Cassels & Graydon, Canada James Reid, Blake Cassels & Graydon, Canada

The State of Transfer Pricing Audit Examinations in Canada – An Evolution in Sophistication

Canada's federal tax authority, the Canada Revenue Agency (CRA) is a mature and sophisticated tax authority by any measurable global standard. With approximately 40,000 employees, the CRA is responsible for the administration of tax laws in Canada for most of Canada's 10 provinces and three...

30/09/2015 Markus Navikenas MA, MBA, Deloitte, Canada Keith Falkenberg, Deloitte, Canada

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