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Searching Content indexed under Trials & Appeals & Compensation by Yael Bienenstock ordered by Published Date Descending.
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Ontario Court Of Appeal Holds Federal Carbon Price Constitutional
The Ontario Court of Appeal has confirmed in a 4-1 decision that Parliament has the power to enact a minimum national price on greenhouse gas
Canada
15 Jul 2019
2
Dicey's Comet ReturnsóWill Administrative Law Skies Get Brighter?
Over the last 10 years, asking the courts to judicially review the legality of administrative decision-making in Canada has become an expensive gamble, with low odds.
Canada
19 Oct 2018
3
Mediatube Pushes The Envelope: Ineffective Assistance Of Counsel As A Ground Of Appeal In Civil Litigation
The case of Mediatube Corp v. Bell Canada began as a high stakes patent case, with a claim for more than $350 million in damages for infringement of Mediatube's Internet Protocol Television technology patent.
Canada
6 Aug 2018
4
A Clash Of Rights Leads To A Clash Of Decisions
When legitimate rights of freedom of religion and equality collide, how should they be balanced? Is religious freedom an inherently individualistic right, or do religious communities also have rights that need to be respected?
Canada
25 Jun 2018
5
Alexion Pharmaceuticals V Canada FCA Dismisses Appeal Aimed At Constitutionality Of PMPRB Provisions
The Federal Court of Appeal's decision in Alexion Pharmaceuticals Inc. v. Canada (Attorney General), 2017 FCA 241 has significant implications for patentees ...
Canada
27 Dec 2017
6
Supreme Court Of Canada Overturns The Promise Doctrine
After a decade of wreaking havoc in Canadian patent law, the "Promise Doctrine" has been dramatically scaled back.
Canada
17 Jul 2017
7
Supreme Court Reaffirms Primacy Of Solicitor-Client Privilege, Finding Income Tax Act Provisions Unconstitutional
On Friday, the Supreme Court of Canada released two decisions dealing with the constitutionality of demands for information and documents ("requirements") sent to lawyers and notaries under Canada's Income Tax Act (Act).
Canada
13 Jun 2016
8
Federal Court Of Appeal Finds No Settlement Agreement Between Allergan And Apotex
In Apotex v Allergan, the Federal Court of Appeal considered whether settlement discussions between the parties had actually resulted in a binding settlement agreement.
Canada
6 Jun 2016
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