Corporate Commercial Archives : 2016

Digest of the Week - Creation of an Agency Relationship

This digest highlights a recent Ontario Superior Court of Justice decision where the Court concluded that no agency or fiduciary relationship existed between the parties to a contract for service.

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Digest of the Week - Copyright: Presumption of Ownership

This digest highlights a recent Federal Court decision where presumption of ownership pursuant to s. 34.1(2)(a) of the Copyright Act was found.

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Dimock Stratton's Intellectual Property Law Newsletter | Trademark

This was an appeal of the Registrar's decision to expunge the trademark "MEDINET", registered in association with the goods "computer software programs", for failing to use the mark in the preceding three years. The Federal Court allowed the appeal and ordered the Registrar to maintain the registration.

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By order dated January 14, 2016, a general claims process was approved to determine claims against the g claims procedure was granted and the Order was made on March 14, 2016. The Order provided for a streamlined grievance claim procedure. The goal was to have such claims determined by August 31, 2016, which coincides with the conclusion of the SISP and the expiry of the DIP Financing.

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westlaw Canada is the 2016 Winner of the Hugh Lawford Award

We are excited to announce that last week, westlaw Canada received the Hugh Lawford Award for Excellence in Legal Publishing.

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Digest of the Week - Flaws in Notice to Guarantors on Repossession

Applicants invested funds to defendant BF Ltd, allegedly in Ponzi scheme — Alberta Securities Commission issued order freezing BF Ltd.'s bank account in which funds were deposited — BF Ltd. went into receivership — Applicants applied for order that funds in frozen bank account were held in trust for them.

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Digest of the Week - Flaws in Notice to Guarantors on Repossession

Vendor sold excavator to purchaser pursuant to contract guaranteed by guarantors. When purchaser failed to make payments due under contract, plaintiff repossessed excavator under Personal Property Security Act.

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Digest of the Week - Promissory Notes under Securities Law

Accused sought and obtained capital from complainants for development, with investments attached to specific condominium unit in which complainants would have rights on completion to purchase unit at discounted price.

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Digest of the Week - Federal Paramountcy in Bankruptcy

Secured creditor applied pursuant to s. 243(1) of Bankruptcy and Insolvency Act (BIA) for appointment of receiver over substantially all assets of debtor — Debtor was "farmer" within meaning of Saskatchewan Farm Security Act (FSA), and contested appointment

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Judicial comity aims to prevent conflicting jurisprudence and to encourage certainty in the law; however, new evidence would affect the standard of review.

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Bill C-119 provides for enhanced protection of personal health information, the electronic health record, and new penalties and enforcement provisions.

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British Columbia case in which the appellant raised a ground of appeal that had not been argued at trial.

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