Canada’s New Consumer Product Safety Act
After two unsuccessful attempts to pass similar legislation, Bill C–36, the Consumer Product Safety Act (the “Act”) was passed by Parliament on December 14, 2010 ... Continued
Nicole Byres quoted on Extended Leaves
Nicole Byres, Chair of our Labour & Employment Group, is quoted in “Extended leaves, extensive challenges” (Globe & Mail, March 7, 2011). In this article, ... Continued
Proposed Amendments to the University Act: On-Campus Commercial Businesses Targeted for Property Tax
On February 15th 2011, the Minister of Finance introduced Bill 2 – the Budget Measures Implementation Act (the “Bill”) which may impact the tax liability ... Continued
Zippity Doo Da… What a Wonderful Waiver of Liability!
A local zipline operator (or at least their CGL insurer) is probably thanking their lawyers for doing such a good job drafting their wavier of ... Continued
Mining Group attending PDAC 2011
Members of Clark Wilson’s Mining Group are co-hosting a series of receptions with CNSX and BDO at the 2011 PDAC Convention in Toronto from March ... Continued
Recent Arbitral Decisions on Termination for Cause
Employers with unionized workforces know that it is always difficult to have a termination for just cause upheld in a unionized setting. This is because ... Continued
Capacity to Instruct Counsel
There are a number of areas of practice where questions of capacity to instruct counsel arise and often perplex lawyers. The issue is obviously one ... Continued
Victory for Insurance defence of significant nervous shock claim
After merely witnessing a traumatic event, the plaintiff made a seven figure claim for permanent psychological injuries which was recently dismissed in its entirety by ... Continued
Keyword Advertising Appeal Discounts Trademark Analogies
Canada continues to await its first Court decision on the use of trademarks in keyword advertising. The British Columbia Court of Appeal issued its decision this week in ... Continued
A Gift that Lasts
When does a gift take effect? Is it enough to tell a friend or relative that you give them your car or your shares in ... Continued
Employee Injury and the CGL Policy
An important feature of CGL insurance is that it provides “litigation cost” coverage: if the lawsuit against the insured alleges claims which may possibly fall ... Continued
Trademark Summary Expungement Proceedings: Evidentiary Issues
In 1459243 Ontario Ltd. v. Eva Gabor International, Ltd., the Federal Court set aside the Registrar’s decision expunging a trademark under section 45 of the ... Continued