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Searching Content indexed under Trials & Appeals & Compensation by Gowling WLG ordered by Published Date Descending.
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1
Building Warranty Or Insurance? Recent Alberta Jurisprudence On Standard By-Law Endorsement
The Supreme Court of Canada recently denied leave to appeal in respect of the Alberta Court of Appeal's decision in 852819 Alberta Ltd v Sovereign General Insurance Company, 2017 ABCA 76 ...
Canada
11 Jan 2018
2
What To Expect From The SCC In 2018
The Supreme Court of Canada will hand down rulings in a number of closely watched cases in 2018 — including Williams Lake Indian Band...
Canada
10 Jan 2018
3
2017: The SCC Year In Review
This article summarizes the 10 most important Supreme Court of Canada decisions from 2017, as selected by Gowling WLG's Supreme Court of Canada Services Group.
Canada
10 Jan 2018
4
The Thin Edge Of The Wedge: The Hampstead Strata Corporation Wind-Up
The BC Supreme Court, for the first time under new legislative provisions, approved a wind-up of a strata corporation despite the objection of dissenting owners actively opposing it in court.
Canada
10 Jan 2018
5
Canadian Patent Law: 2017 Year In Review
2017 was a busy year in Canadian patent law. The contentious Promise Doctrine was rejected by the Supreme Court of Canada in AstraZeneca v Apotex, the largest monetary judgment ...
Canada
5 Jan 2018
6
The Descheneaux Case: Quebec Court Of Appeal Grants Extension To Attorney General Of Canada
On August 18, 2017, the Québec Court of Appeal allowed an application by the Attorney General of Canada ("AGC") to extend the temporary suspension of the coming into effect ...
Canada
27 Dec 2017
7
Métis Nation Of Ontario Enters Into Two Landmark Agreements
On December 11, 2017, the Métis Nation of Ontario signed two landmark agreements: a tripartite agreement with the government of Canada and the province of Ontario, and a bilateral agreement ...
Canada
27 Dec 2017
8
Immunity From Seizure: Interpreting Section 89(1) Of The Indian Act
On June 19, 2017, the Québec Superior Court ("the Court") handed down a decision on the immunity from seizure granted by the Indian Act ("the Act").
Canada
27 Dec 2017
9
Insolvency Litigation Update - December 2017
In our update this month we take a look at three cases that provide helpful clarification from the courts on issues ...
UK
15 Dec 2017
10
Damages For Negligence? Go Back To Basics...
It is a well-established principle that a successful negligence claim will require a claimant to prove that the defendant's negligence caused the claimant to suffer loss.
UK
13 Dec 2017
11
Victory For Brand Owners In Deluxe Ruling From European Court Of Justice
The European Court of Justice ("CJEU") today handed down its highly anticipated judgment on the legality of a brand owner's restriction of online sales through third-party platforms.
European Union
8 Dec 2017
12
Finance Litigation: The Latest Cases And Issues In November 2017
Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.
Canada
29 Nov 2017
13
Court Of Appeal Confirms London Taxi Company's Trade Mark For The Shape Of The "Black Cab" Is Invalid
The trade marked three-dimensional shape of the traditional London taxi has been found invalid by the Court of Appeal of England and Wales.
UK
21 Nov 2017
14
Supreme Court Of Canada Makes A Clear Choice As To Who Bears The Loss On Cheque Fraud
In its recently released decision in Teva Canada Ltd. v. TD Canada Trust, the Supreme Court of Canada missed a golden opportunity to update controversial and antiquated interpretations of section 20(5) of the Bills...
Canada
9 Nov 2017
15
PMPRB Decision Creates Uncertainty For Patentees
On September 27, 2017, a two-member Hearing Panel of the Patented Medicine Price Review Board (PMPRB) ruled that the ultra-rare disease drug Soliris® (eculizumab), manufactured by Alexion Pharmaceuticals Inc. (Alexion), was "excessively priced." The Panel ordered both a reduction of the price of Soliris going forward and required Alexion to pay past "excessive" revenues.
Canada
8 Nov 2017
16
Long Delays May Not Force A Stay Of Proceedings In Corruption Cases
An Ontario Superior Court judge has ruled that a 44-month delay is not unreasonable in a corruption case, even when the Crown opts to proceed by a direct indictment and thereby forgo a preliminary inquiry.
Canada
8 Nov 2017
17
Singapore High Court Has No Original Jurisdiction To Revoke A Patent
For years, defendants in patent infringement proceedings have brought counterclaims for revocation of the patent. However, a recent High Court judgment indicates that this is no longer possible.
Singapore
31 Oct 2017
18
Court Of Appeal Comments On Reasonable Investigation Defence
The Court of Appeal's decision in Rahimi v. SouthGobi Resources Ltd., 2017 ONCA 719 ("SouthGobi ") provides guidance with respect to the evidentiary burden on defendants who...
Canada
30 Oct 2017
19
Defects In Pre-Patent Issue Process Do Not Render A Patent Void
In Apotex Inc. v Pfizer Inc. et al, 2017 FCA 201, the Federal Court of Appeal refused to void a patent based on an administrative error made during the prosecution of the patent application...
Canada
25 Oct 2017
20
Actavis v Eli Lilly: The Doctrine Of Equivalents In The UK, France And Germany
In view of the UK Supreme Court's judgment in Actavis v Eli Lilly, when will an 'equivalent' infringe as an immaterial variant?
Worldwide
11 Oct 2017
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