This digest highlights a recent British Columbia Court of Appeal decision where the Court overturned a motion judge’s decision denying security for costs against a corporate plaintiff because of the existence of an individual plaintiff.

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This was an application for trademark infringement, passing off, and depreciation of goodwill. Both the corporate respondent, Conscious Consumption, and its two individual owners were held liable for trademark infringement, passing off and depreciation of goodwill.

This digest highlights a recent Ontario Court of Appeal decision where the Court overturned a motion judge’s decision striking the claims under Rule 21, holding that the strength of a cause of action is not determined on a Rule 21 motion.

This digest highlights an Ontario Superior Court of Justice decision where the Court held that the after-fact creation of a trust was designed to protect the wronged party, and not intended to give the wronged party more rights than it would have had if the contract had been performed.

This digest highlights a recent Alberta Queen’s Bench decision where the Court held that the term “beneficial owner” should be broadly interpreted and may include an anticipated security holder.

This digest highlights a recent British Columbia Supreme Court case where the Court held that there are limits to the obligations that a corporation or its by-laws may contractually impose on a shareholder, including requiring a shareholder to take out liability insurance.

This digest highlights a recent Ontario Superior Court of Justice case where the Court held that summary judgment to dismiss an action against a bank was not available when there were glaring inconsistencies in the documents submitted to the bank, and the bank should arguably have made reasonable inquiries based on these inconsistencies.

This digest highlights a recent Federal Court of Appeal decision where the Court remitted the matter back to the lower court for redetermination of entitlement to and quantum of damages in a section 8 NOC action where the trial judge improperly relied on hearsay evidence.

This digest highlights a recent Federal Court decision where the Court held that computer software programs are goods, rather than services, irrespective of whether they are sold on disks or access over the internet.

This digest highlights a recent Federal Court decision where the Court held that the actions of a company in providing manuals, training, and sending a supplier to modify equipment did not amount to inducement of patent infringement.

This digest highlights a recent Federal Court decision where the Court held that a shortfall in the patent application fee relates to the application and does not invalidate the patent.