OH PUKKA! English luggage company told to pack its bags and go
Class Actions and Copyright: Ontario Superior Court Certifies
Class Action for Infringement of Copyright in Lawyer's Court
Does attornment trump arbitration and choice of forum
Faithless Fiduciaries and Employment Bonuses: When Can a
Company Refuse to Pay?
Simple Procedure, Complex Costs: Large Costs Awarded Under the
Simplified Rules in a Defamation Case
OH PUKKA! English luggage company told to pack its bags
and go home By:
The recent case involving The Pukka Luggage Company Limited
('Pukka') and their attempts to register their PUKKA
trademark, offers businesses an insight into the workings of the
European Union trade mark institutions, and provides some valuable
guidelines and lessons.
Class Actions and Copyright: Ontario Superior Court
Certifies Class Action for Infringement of Copyright in
Lawyer's Court Documents By:
Justice Perell of the Ontario Superior Court certified a class
action against Thomson Reuters Canada Ltd. claiming infringement of
the copyright in documents filed in court by lawyers and
paralegals. Lorne Waldman, a prominent Toronto immigration lawyer
and the representative plaintiff, alleges that the
"Litigator" service, offered by Thomson's legal
publishing arm, Carswell, infringes the copyright of the class
members by making available, without permission and for a fee,
copies of court documents authored by the lawyers and law firms
which make up the proposed class.
Justice Perell, in a decision that thoroughly canvases the law
of class action certification, granted certification.
On February 10th 2012, the Supreme Court of Canada
heard a landmark case that has the potential to change the way
arbitration and choice of forum clauses are enforced in this
In Momentous.ca Corporation et al. v. Canadian American
Association of Professional Baseball et al., 2010 ONCA 722,
103 O.R. (3d) 467, the Court was faced with a conflict surrounding
the downfall of the Ottawa Rapidz professional baseball team, owned
by subsidiary companies of Momentous.ca.
In Mady Development Corp. v. Rossetto, 2012 ONCA 31,
the Ontario Court of Appeal considered whether a fiduciary employee
is entitled to unpaid bonuses where the employee has been
terminated for cause relating to a breach of his fiduciary
The Court concluded that the fiduciary employee was entitled to
be paid his bonuses notwithstanding his breach of fiduciary duty.
In ordering the bonuses paid, the Court reaffirmed the principle
that a breach of fiduciary duty by an employee does not necessarily
negate the employer's obligation to pay pre-termination
bonuses. A fiduciary's entitlement to a bonus is
discretionary. It depends on all the facts before the Court and the
general principles governing fiduciary relief.
Justice Roccamo, of the Ontario Superior Court, upheld an
Assessment Officer's decision to award a Plaintiff $92,900
costs in a defamation suit in a case brought under the Simplified
Rules. The Court determined that the Assessment Officer's
reasons appropriately considered the principle of proportionality,
the reasonable expectations of the losing party and the factors
enumerated under Rule 58.06(1), all while accounting for the
purpose of the Simplified Rules.
The Court reaffirmed that the principle of proportionality
should not be applied rigidly under the Simplified Rules.
Additionally, the Court found that the Assessment Officer properly
considered the conduct of the Defendant, which unnecessarily
protracted both the proceedings, generally, and the costs
assessment itself. Finally, the Court noted that case law
supports costs awards that exceed the value of the claim in
The prospect of an internal investigation raises many thorny issues. This presentation will canvass some of the potential triggering events, and discuss how to structure an investigation, retain forensic assistance and manage the inevitable ethical issues that will arise.
From the boardroom to the shop floor, effective organizations recognize the value of having a diverse workplace. This presentation will explore effective strategies to promote diversity, defeat bias and encourage a broader community outlook.
Staying local but going global presents its challenges. Gowling WLG lawyers offer an international roundtable on doing business in the U.K., France, Germany, China and Russia. This three-hour session will videoconference in lawyers from around the world to discuss business and intellectual property hurdles.
Under the Income Tax Act, the Employment Insurance Act, and the Excise Tax Act, a director of a corporation is jointly and severally liable for a corporation's failure to deduct and remit source deductions or GST.
Under the Income Tax Act, the Employment Insurance Act, the Canada Pension Plan Act and the Excise Tax Act, a director of a corporation is jointly and severally liable for a corporation's failure to deduct and remit source deductions.
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