Intellectual Property
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December 17, 2024
Ontario Court of Appeal dismisses class action after 21-year delay
The Ontario Court of Appeal has upheld the dismissal of a 21-year old certified class proceeding finding that the delay in the action was inordinate and inexcusable.
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December 17, 2024
Vavilov at five | Sara Blake
Five years ago, on Dec. 19, 2019, the Supreme Court of Canada, in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, re-set the standard of review for questions of statutory interpretation. In that case, and two others decided in the same week, the court demonstrated how the new standard of review is to be applied.
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December 16, 2024
Federal fiscal update after Freeland’s shock departure features tax, legal changes of note to bar
Boosting the number of judges in Ontario’s Unified Family Court and Court of Appeal, making “bail and sentencing laws stricter,” and new civil remedies — and criminal penalties of up to $1 million for corporations — under the Bankruptcy and Insolvency Act, were among the new measures proposed in the 2024 fall fiscal update by the minority Liberal government after Deputy Prime Minister and Finance Minister Chrystia Freeland stunned Ottawa by resigning from the Cabinet a few hours earlier.
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December 13, 2024
Feds to remove 30% Canadian pension fund investment cap, boost R&D in Fall Economic Statement
In a bid to boost domestic investment by Canadian pension funds, the federal government is set to remove a cap that restricts pension funds from owning more than 30 per cent of the voting shares of a Canadian entity, according to a release.
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December 12, 2024
Trademark registrar announces pilot project in January to address issue of ‘deadwood’ marks
Beginning in January, Canada’s registrar of trademarks will start proactively issuing a limited number of section 45 notices in a bid to tackle the growing problem of deadwood trademarks in the Canadian marketplace.
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December 12, 2024
New associate joins Dipchand
A recent news release from Dipchand LLP announced the addition of Alexander Watts as an associate in the firm’s intellectual property (IP) practice.
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December 11, 2024
A funny thing about the PCMLTFA regulations
On Nov. 30 the Federal Department of Finance pre-published new regulations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) in the Canada Gazette, Part I, Volume 158, Number 48 (Canada Gazette, Part 1, Volume 158, Number 48:Regulations Amending the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations and the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations). These regulations contain four distinct elements:
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December 11, 2024
New partner joins Dipchand
A recent news release from Dipchand LLP announced the addition of Louis-Pierre Gravelle as a partner in the firm’s patent practice group.
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December 09, 2024
Spa days in the Federal Court
Auberge & Spa Le Nordik Inc (Nordik) is the owner of trademark registrations for THERMËA and THERMËA & Design. The THERMËA trademarks are registered in association with the services relating to the operation of a spa and wellness centre offering saunas, therapeutic baths, whirlpool and cold baths, steam baths, floating baths, relaxing and therapeutic massages; body treatments for face, body and feet and related goods and services (Auberge & Spa Le Nordik Inc. v. Therme Development (Cy) Ltd., [2024] F.C.J. No. 2171).
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December 06, 2024
No Charter breach when police warrantlessly searched text messages in ‘exigent circumstances’: SCC
The Supreme Court of Canada has dismissed 6-3 an Ontario man’s appeal of his drug trafficking convictions, holding that his Charter rights were not breached because “exigent circumstances” justified police, without a warrant, using a cellphone they seized from a drug dealer to impersonate that dealer and continue his texting with the accused to arrange what police suspected to be a purchase of fentanyl-laced heroin.