Wal-Mart Wins Anti-union Battle at Supreme Court of Canada
On November 27, 2009, the Supreme Court of Canada rendered its much awaited decision on an employer’s right to cease operations for alleged anti-union reasons. ... Continued
Change isn’t Always Bad: Court Upholds Employment Contract Despite Change in Position of Employee
Sometimes a change in an employee’s duties or position results in such a fundamental shift in his or her relationship with the employer, such that ... Continued
CSA Publishes Guidance for Forward Looking Statements
The CSA published guidance for forward looking statements.
No Trademark Expungement Although Language Describing Wares Outdated
Loro Piana S.P.A. v. Canadian Council of Professional Engineers is a further example of the importance of providing proper evidence in response to a Registrar’s ... Continued
Olympic and Paralympic Marks Act amended
An Order in Council has amended Schedule 2 of the Olympic and Paralympic Marks Act to add 38 new marks to the prohibited marks list. ... Continued
Non-Use of a Trademark – Evidence of Special Circumstances Required
Jose Cuervo S.A. de C.V. v. Bacardi & Company Ltd. and the Registrar of Trade-marks was the second time that Bacardi had sought summary expungement, ... Continued
Swimming in a Serbonian Bog: the SCC Revisits the Meaning of ‘Accident’
In the just released Supreme Court of Canada (“SCC”) decision in Co-Operators Life Insurance Co. v. Gibbens, Mr. Justice Binnie used this obscure metaphor to ... Continued
Amendments to the Strata Property Act
[Section References noted in square brackets refer to Bill 8] Note: Numerous Sections of Bill 8 came into force as of December 10, 2009 as ... Continued
Court Finds Form G – Certificate of Lien Invalid
We have assisted hundreds of strata corporations in the collection of outstanding strata fees and special levies. Often, when collection files come to us, the ... Continued
Court Considers Colour Marks
Federal Court considered colour marks (green and greeyish -green)
Trademark Confusion: Possible Future Confusion Not Relevant
In a recent decision of Canada’s Federal Court of Appeal, Masterpiece Inc. v. Alavida Lifestyles Inc. the Appellant sought to expunge the Respondent’s registered trademark MASTERPIECE ... Continued
VANOC Gets Sour Taste From Lululemon
Vancouver based yoga wear retailing phenom Lululemon Atletica has tweaked the nose of the Vancouver Organizing Committee for the 2010 Olympic and Paralympic Games (VANOC), ... Continued