Stay informed on the latest business and legal insights and events.
Updates
Canada's Competition Bureau Revises Merger Enforcement Guidelines
October 26, 2011
On October 6, 2011, the final version of the newly revised Merger Enforcement Guidelines (MEGs) was released by the Competition Bureau (Canada). The revised MEGs do not significantly change the Bureau's substantive approach to merger review, but do make several changes that are important to note.
Transmission Development in Canada
October 26, 2011
The Canadian transmission landscape is growing and is set for
significant expansion over the next few years. Our work on large projects means
that Bennett Jones is at the forefront of this exciting area that is filled with
opportunities (and challenges).
Internet Links Excluded from Traditional Defamation Analysis
October 25, 2011
In a victory for advocates of online free speech, the Supreme Court of Canada has unanimously dismissed a controversial libel suit based on Internet hyperlinks. In Crookes v. Newton, the plaintiff sued for defamation arising from an Internet posting that contained hyperlinks to secondary sources which he alleged were defamatory. Drawing an analogy between hyperlinks and printed footnotes, a majority of the Court ruled that merely linking to material on the Internet does not, without more, constitute "publication" for the purposes of a defamation suit.
America Invents Act Signed Into Law
September 27, 2011
On September 16, 2011, President Obama signed into law historic patent reform legislation. The America Invents Act marks the first comprehensive reform to the United States Patent system in nearly 60 years. The Act makes some significant changes to the patent law and will impact the way patents are obtained, enforced and defended against in the United States.
Federal Government Releases Proposed Recovery Strategy for Woodland Caribou
September 13, 2011
In 2003, Woodland Caribou, Boreal population, were listed as threatened under the Species at Risk Act. On August 26, 2011, the federal Minister of Environment released the Proposed Recovery Strategy for the Woodland Caribou. The Proposed Recovery Strategy identifies the critical habitat of 57 local populations of Woodland Caribou in seven provinces and two territories across Canada. This update contains a summary of the Proposed Recovery Strategy, which is open for public comment until October 25, 2011.
Taking Care of Business: The Case for Commercial Courts
September 13, 2011
Commercial courts have been established in various business centres around the world and are common in developed countries. Factors leading to their establishment in other jurisdictions are very much present in Canada, namely, a judiciary lacking expertise in commercial matters, overwhelmed dockets, and complex commercial disputes requiring expeditious resolution. The results are overwhelmingly positive. Canada would benefit from instituting commercial courts in all of its major commercial centres.
Computing “Out of the Box”: Eight Contract Issues
September 12, 2011
The days of computing in any box, whether a small box or a large box, are gone. Increasingly, software and the data you need are processed through as a suite of solution oriented services from outside the walls of your enterprise. Whether those SaaS solutions are provided by an ASP; a utility or “on-demand” computing provider; through an outsourced or shared service arrangement; via a “hosted solution”; or from the infamous “cloud”, the traditional concepts, commercial practices, and licensing contract terms are no longer applicable to computing “out of the box”.
Updated Draft Lower Athabasca Regional Plan Released
September 06, 2011
On August 29, 2011, the Alberta government released its updated draft Lower Athabasca Regional Plan (LARP), which identifies strategic directions for land use in the Lower Athabasca Region over the next 10 years.
You Haven't Registered Your Trademark? Ten Things You (or Your Client) Should Know
September 06, 2011
Excellent branding is a critical part of your business. It allows you to distinguish your product and service from those of your competitors. Be it a word, a logo or a unique shape or design of a product or package, your trademark symbolizes your reputation and sets your business apart; when your customers see it, they know they need look no further. Selecting and registering a trademark can help you gain brand recognition, increase your sales and develop loyal customers and clients. Experienced trademark counsel can guide you at each step.
Protection of Trademarks and the .XXX gTLD Launch
September 01, 2011
ICANN has approved a number of new generic top level domains. Since the same trademark can be registered on each top level domain, trademark owners have expressed concerns over the likelihood of increased cyber squatting and the unnecessary costs of making additional domain name registrations on perhaps unwanted domains, including the new .XXX domain target primarily toward the adult entertainment industry. In order to accommodate the concerns of trademark owners with businesses, products or services outside the adult entertainment industry, special procedures have been established for the .XXX gTLD. During the launch, trademark owners can take steps to protect their trademarks from unwanted affiliation with this industry.
Case Study: A Reminder of Five Important Software Licensing Best Practices
August 24, 2011
Rather than merely presenting hypothetical warnings about what can go terribly wrong with an important software project, it is always far better when an actual case comes along to provide those lessons. The recently decided case by the Court of Appeal in the U.S. Seventh Circuit,1 does just that – in spades.
Federal Court Releases Decision on the Government's Protection of Northeastern Alberta's Caribou
August 15, 2011
On July 28, 2011, following a judicial review application brought by First Nations groups and environmental groups, the Court released a decision in which it 1) Set aside the decision of the federal Minister of Environment (M) not to recommend to the Federal Cabinet the issuance of a Species at Risk Act emergency order for the protection of Woodland Caribou (the matter was remitted back to the M for reconsideration in accordance with the Court's reasons); and 2) Deferred making a decision on whether to issue a declaration regarding the M's failure to release a recovery strategy for the Woodland Caribou until September 1, 2011. It will be important for resource developers with projects that may impact Woodland Caribou habitat to continue to follow the development of this issue and, in particular, the purported release of a recovery strategy this September.
Domain Name Disputes May Be Litigated in Provincial Courts
August 11, 2011
A recent decision of the Ontario Court of Appeal has confirmed that proceedings related to the ownership and transfer of domain names may be brought in the provincial courts, or under the relevant domain name dispute resolution policies.
Norwich Orders
August 11, 2011
A party does not always have all of the necessary information available to make an informed decision to start a lawsuit. This can arise where anonymous and defamatory e-mails have been sent, where a device that may infringe a patent is not publicly available, or where financial records that demonstrate the nature and extent of a fraud are exclusively in the hands of a bank.
ERT Ruling - Kent Breeze Wind Farm Appeal
July 27, 2011
On July 18, 2011, the Ontario Environmental Review Tribunal issued its decision in the appeal brought by residents in Chatham, Ontario, relating to the issuance of a Renewable Energy Approval by the Ministry of the Environment for the 20 MW Kent Breeze wind farm, a project owned by Suncor Energy Services Inc. The decision follows 17 days of hearings that began in February 2011.
Alternative Compensation Plan Reduces Class Size on Certification
July 21, 2011
On July 18, 2010, the Ontario Superior Court released reasons in Blair v. Toronto Community Housing Corporation, 2011 ONSC 4395. Justice Perell certified the action as a class proceeding. He did so over the arguments of the defendants who had implemented an alternative compensation plan that they submitted was preferable to a class proceeding. Justice Perell disagreed but his comments on alternative compensation plans are instructive for defendants facing class proceedings considering ways to reduce their potential liability.
Recent Decision Requires Defendants to Plead in Class Action Prior to Certification
July 21, 2011
The common convention in class proceedings in Ontario has been for defendants to not deliver a Statement of Defence until after the case has been certified by the court as being appropriately commenced as a class proceeding. The practice has been sanctioned by the courts for at least the last 15 years, largely in recognition of the fact that the issues to be tried in a common issues trial will not be known until after certification (if it is granted).
Federal Court of Appeal Clarifies Duty of Good Faith During Patent Prosecution
July 20, 2011
One of the most current topics in Canadian patent litigation is whether there is a general duty of good faith during the course of patent prosecution, and if so, whether a breach of that duty is a ground for invalidating a patent. In Corlac Inc. v. Weatherford Canada Ltd. the Federal Court of Appeal has ruled that any lack of good faith in responding to an office action will not invalidate a patent in a subsequent court proceeding. It is for the Commissioner of Patents to determine if an applicant has responded in good faith, not the courts.
The Alberta Anomaly (No.2)
July 06, 2011
Alberta is the only jurisdiction in Canada (and in most, if not all, other common law jurisdictions) to have a guarantees acknowledgment act. Although its purpose is laudable, its application has created headaches for practitioners, uncertainty for clients and injustices for many. Originally published in the July 2010 issue of Canadian Lawyer.
Federal Court Considers Adequacy of Canada's Protection of Northeastern Alberta's Caribou
June 30, 2011
On June 22 and 23, 2011, the Federal Court heard an application by a group of three Treaty 6 and Treaty 8 First Nations and a group of two environmental organizations, which sought relief for alleged breaches by the federal Minister of Environment under the Species at Risk Act. Although the decision of the Court was reserved and it is not known when it will be released, in light of the impacts it could have on industry in northeastern Alberta, oil sands operators are likely to be watching for this decision with anticipation.
Canadian Oil & Gas Company Fined $9.5 million for Bribery of Foreign Official
June 24, 2011
Niko Resources Ltd. pleaded guilty today to one charge of bribing a foreign official contrary to the Canadian Corruption of Foreign Public Officials Act (CFPOA). This is the second conviction under the CFPOA, and the first conviction since the Royal Canadian Mounted Police established a dedicated International Anti-Corruption Unit in late 2007.
i4i Decision Will Benefit Canadian Companies with U.S. Patents
June 09, 2011
The Supreme Court of the United States has released its decision in Microsoft Corp. v. i4i Limited Partnership. i4i, a Toronto company, prevailed and can now collect its record-setting $290-million judgment.
The Alberta Anomaly
June 09, 2011
It is a commonly held perception that Alberta is a business-friendly province. With little red-tape, skinny regulations, modest taxes, a sizeable pool of entrepreneurs, a can-do attitude, near-absent unionization, political invariability, abundant resources, solid infrastructure, a reasonable cost of living, great skiing, private liquor stores and a young, well-educated workforce, it is difficult to argue that this perception is misguided. However, the same cannot be said of Alberta's laws relating to limitation periods. Originally published in the February 2010 issue of Canadian Lawyer.
Bennett Jones