In a case destined to be read in the future only by lawyer geeks
and those interested in the 'access to justice' camp, Mr.
Justice Mann ruled that Nominet's Dispute Resolution Service
and the relevant policy and procedures effectively prevented a
party, which had used the procedure, from having the dispute heard
again by the English High Court.
In a case that has seen almost as much mileage as a Formula One
car, the Court of Justice of the European Union (CJEU) finally
brought the chequered flag down on the race between Global Sports
Media Limited (GSM) and Formula One Licensing BV (Formula One).
Towards the end, GSM were leading by some distance, if only because
the General Court appeared to have poured 'generic' fuel
into Formula One's tank. Fortunately, a pit stop in the CJEU
has seen Formula One back in the race!
A recent decision of the Ontario Superior Court of Justice, in
the matter of Code Inc. v. Independent High Electoral
Commission et al., reminds us that the reasonable position
will usually win the day. We all know that judges and masters
strive to do justice, to be fair and reasonable, and to craft
judicious resolutions — but sometimes, in the heat of
battle, we forget that and we insist on positions that may be
"right" but, perhaps, not always reasonable. This case
demonstrates the risk of that approach. It is also a judicial
endorsement of the use of video conferencing for out-of-court
examination of witnesses.
In Sharma v. Timminco, the Ontario Court of Appeal
considered whether a stay of limitation period, granted by class
action legislation, applied to lengthen the time in which
plaintiffs must seek leave to commence a cause of action under
securities legislation. The key issue being the different approach
to limitation under the Securities Act and the Class
Proceedings Act. The Court of Appeal in Sharma v.
Timminco confirmed that plaintiffs pursuing claims for
statutory misrepresentation on the secondary market must complete
the leave motion, obtain leave, and issue a claim within three
years of the alleged misrepresentation
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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