Expert Guides - Canada

Advertising Liability in Canada: Blue Mountain Log Sales Ltd. v. Lloyd’s Underwriters, 2019 BCCA 240

The Advertising Liability coverage that came into place in modern commercial insurance policies in the 1970’s has been explored and clarified in many cases since it arose, perhaps less so in Canada than in other jurisdictions

27/08/2019 Harmon C Hayden, Harmon Hayden Law, Canada

Bankruptcy does not assist in limitation period expiry in Ontario Re: Ridel v. Goldberg, 2019 Onca 636

In a recent Ontario Court of Appeal decision, Justice van Rensburg held that the limitation period for the discoverability of a claim does not restart upon an assignment in bankruptcy being filed by a corporation where the claim is a claim of the corporation

27/08/2019 Steven Weisz, Brauti Thorning, Canada Daria Mukhina, Brauti Thorning, Canada

Transfer pricing: Beyond the pricing

Although transfer pricing dates back to 1917, the practice has grown impressively since the OECD published the Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations in 1995, and its updates in 2010 and 2017

19/06/2019 Peter Kurjanowicz, Grant Thornton, Canada

Transferring Assets in a Receivership in Canada? Is it Vested or Not?

In insolvency proceedings, when a debtor company becomes insolvent, its creditors will often look to sell the debtor company’s assets and use the proceeds of the sale to satisfy the outstanding debt

01/10/2018 Steven Weisz, Brauti Thorning, Canada Caitlin Fell, Brauti Thorning, Canada Alex Don, Brauti Thorning, Canada

Celebrating Sixty Years of the New York Convention

In June 2018, the 60th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards — known the “New York Convention” — was celebrated at the United Nations Headquarters and the U.S. Courthouse in New York.

20/09/2018 Grant Hanessian, Baker McKenzie, US Christina Doria, Baker McKenzie, Canada

Growing Your Cannabis IP Rights

The cannabis market continues to grow worldwide with medical marijuana currently legal in 35 countries and over 30 US states and counting

19/09/2018 Micheline Gravelle, Bereskin & Parr, Canada

The Best and Worst of Times? Pharma Forecast for 2019

For life sciences companies in Canada, these may be the best of times: the end of the “promise doctrine”, supplementary patent protection to compensate for regulatory delays, revamped linkage laws, and robust data protection

19/09/2018 Daphne Lainson, Smart & Biggar, Canada Nancy Pei, Smart & Biggar, Canada

6 Key Trademark Filing and Protection Strategies: What to know before Canada’s New Trademark Law comes into effect

Canada is close to implementing its new trademark law which, once implemented, will introduce the most significant procedural and substantive changes to Canadian trademark law in 50 years

14/09/2018 Keltie Sim Luft, Smart & Biggar, Canada Andrea Kroetch, Smart & Biggar, Canada

In the Home Stretch? Get ready for implementation of amendments to the Trademarks Act in Canada

In February 2018, plans for implementation of amendments to the Canadian Trademarks Act took a big jump forward with the publication of the latest revisions to the Trademark Regulations in the Official Gazette – a key step towards finalizing the Regulations and ultimate implementation of the...

13/09/2018 Cynthia Rowden, Bereskin & Parr, Canada

Canadian trademarks law – “to improve is to change; so to be perfect is to have changed often” Are trademark owners ready for more change?

On April 26, 2018, World IP Day, Canada’s Minister of Innovation Science and Economic Development Navdeep Bains announced a national IP strategy that included further legislative amendment to combat trademark squatting

13/09/2018 Coleen Morrison, PCK IP, Canada

Social Engineering Fraud: Is Coverage Available Under Commercial Crime Policies?

Insurance for loss resulting from the use of technology to commit fraud has existed for decades. Since the 1980s, commercial crime policies have included various forms of computer fraud and funds transfer fraud coverage

16/08/2018 Dominic T Clarke, Blaney McMurtry, Canada Chris McKibbin, Forbes Chochla Leon, Canada

The pendulum swings back? Thinking about the OSFI reinsurance framework discussion paper

Canada’s federal insurance sector prudential regulator, the Office of the Superintendent of Financial Institutions (“OSFI”) recently released a landmark Discussion Paper that will shape the regulation of reinsurance in Canada for years to come

16/08/2018 Stuart S Carruthers, Stikeman Elliott, Canada Andrew S Cunningham, Stikeman Elliott, Canada

The changing landscape of transfer pricing: 10 practices you need to implement today

18/07/2018 Peter Kurjanowicz, Grant Thornton, Canada

The Trolls have arrived: Suspicious trademark applications on the rise

In the wake of the 2014 announcement that the Canadian Trademarks Act would undergo significant overhaul, there was much speculation about how the changes would impact the behaviour of those filing trademark applications in Canada

22/05/2018 Kohji Suzuki, Smart & Biggar, Canada Jamie-Lynn Kraft, Smart & Biggar, Canada

Canada Prepares for 2019

The Canadian Government introduced legislation in March 2014 to modernize the Canadian Trademarks Act (“the Act”) – the first significant attempt at modernization since the 1950’s

22/05/2018 Robert A MacDonald, Gowling WLG, Canada

The Realities and Risks of Associated Trademarks in Canada

During prosecution of trademark applications in Canada, trademark owners with significant portfolios can expect to receive confusion citations based on other trademarks in the owner’s portfolio

21/05/2018 Grant W Lynds, Marks & Clerk, Canada

Taxes & value creation in the digital economy

Digital transformation is rapidly accelerating. It continues to reshape all facets of our lives from how we do banking, order coffee, or book travel

25/04/2018 Emma Purdy, PwC, Canada

Supreme Court of Canada strikes down patent utility “promise doctrine” as “not good law”

In mid-2017, the Supreme Court of Canada delivered an important and highly anticipated decision

25/04/2018 Gunars Gaikis, Smart & Biggar, Canada

Privacy Regulation and Emerging Risks for Insurers

On April 9th 2018 87 million people around the globe were notified that the personal information contained on their Facebook profiles had been accessed without their consent

25/04/2018 Dominic T Clarke, Blaney McMurtry, Canada David Mackenzie, Blaney McMurtry, Canada

The role of contract models in nuclear project risk management

Does the form of contract selected for use in a nuclear project affect the behaviour of participants in the project and the project’s performance against schedule and budget?

20/03/2018 Ahab Abdel-Aziz, Gowling WLG, Canada

The Canadian Pipeline Saga: Exploring the Limits of Cooperative Federalism

New energy infrastructure projects in Canada remain under attack, with project proponents facing increasing regulatory, political and financial risk

20/03/2018 Stephanie Stimpson, Torys, Canada Peter Danner, Torys, Canada

An Update on the Family Member Exclusion Clause: The End of Russian Roulette in Policy Interpretation

In my paper, “The Family Exclusion Clause: The Search for Ambiguity”, published in Expert Guides/Insurance and Reinsurance, London, UK, in August 2017, I commented on the British Columbia Supreme Court decision in Gill v. Ivanhoe Cambridge, 2016 BCSC 252

27/10/2017 Harmon C Hayden, Harmon Hayden Law, Canada

Recent Structured Finance and Fintech Developments in Canada

The Canadian structured finance and Fintech space have seen a number of recent developments, including in the structured finance areas of residential mortgages, covered bonds and derivatives

19/09/2017 Marc J MacMullin, McCarthy Tétrault, Canada Michael K McConnell, McCarthy Tétrault, Canada Dirk Rueter, McCarthy Tétrault, Canada Ana Badour, McCarthy Tétrault, Canada Christopher Bamford, McCarthy Tétrault, Canada Candace Pallone, McCarthy Tétrault, Canada