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Searching Content indexed under Court Procedure by Torys LLP ordered by Published Date Descending.
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Electronic Trials
The increasing use of electronic trials has prompted a discussion surrounding the advantages of this technology-driven change. What are some of the key considerations that should be examined around e-trials?
Canada
19 Apr 2017
2
PIPEDA May Not Apply To Information Collected To Defend A Lawsuit
The OPC rules that collection or use of personal information to defend a lawsuit does not constitute "commercial activity"
Canada
16 Mar 2017
3
L'appel Sur Permission D'un Jugement Autorisant L'exercice D'une Action Collective – Rééquilibrage Des Droits Des Parties Ou Fiction
Lors de l'adoption de la Loi sur le recours collectif1 en 1978, tant la partie demanderesse que la partie défenderesse pouvait, de plein droit, porter en appel un jugement...
Canada
9 Dec 2016
4
Supreme Court Allows Landfill Merger And Reaffirms Efficiencies Defence
On January 22, 2015, the Supreme Court of Canada released its decision in Commissioner of Competition v. Tervita Corporation, its first merger decision under the Competition Act since 1997.
Canada
29 Jan 2015
5
First Appeal Of Renewable Energy Approval Dismissed
On July 18, 2011, Ontario’s Environmental Review Tribunal (ERT) issued its highly anticipated decision in Erickson v. Director, Ministry of the Environment, finding that the appellants who had challenged the issuance of a renewable energy approval (REA) for the Kent Breeze Wind Project (the Project) had failed to show that it will cause serious harm to human health.
Canada
21 Jul 2011
6
Patent Appeal Board Considers The Patentability Of Financial Service Innovations
The Canadian Patent Appeal Board, in two recent decisions, has reversed the examiner’s rejections of applications regarding certain financial service–related innovations. The decisions are particularly noteworthy for the Board’s strong statements about improper subject matter objections raised by examiners during prosecution.
Canada
5 Jun 2007
7
Emerging Trends In Deal-Protection Techniques
It has become common practice to include a fiduciary out in negotiated merger transactions. When directors of a target authorize these transactions and bind the company to support them, they are, at least to some degree, usurping for themselves a power that ultimately belongs to the shareholders — namely, the right to choose when and to whom to sell control.
Canada
16 Nov 2006
8
USPTO Clarifies Criteria for Patentable Subject Matter
Two developments in the United States may mean that it will be easier to patent business methods, software and similar types of inventions.
Canada
6 Feb 2006
9
Danier Overturned
The Ontario Court of Appeal has affirmed the "business judgment rule" in the context of management’s financial forecasts in an IPO prospectus. In Kerr v. Danier Leather Inc., the Court found that a forecast made by senior management is an exercise in business judgment and that courts should not second-guess management’s opinions as long as they fall within a "range of reasonableness".
Canada
23 Dec 2005
10
Appeals Court Confirms First-to-File Advantage for Trademark Applications
A recent Federal Court of Appeal decision in Canada (Attorney General) v. Effigi Inc., 2005 FCA 172, has confirmed the importance of filing as early as possible trademark applications that are based on first use of the trademark in Canada.
Canada
 
21 Oct 2005
11
Supreme Court Rules on Schmeiser v. Monsanto
The Supreme Court of Canada has ended the closely watched battle between Percy Schmeiser and Monsanto, with the release of its judgment on May 21.
Canada
28 Jun 2004
12
Regulatory Trends in the Courts: What’s New and What’s Coming
A vital prerequisite to marketing biologics, pharmaceutical and medical devices in Canada is successfully completing the product approval process.
Canada
23 Jun 2004
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