PRACTICE AREA: Corporate Commercial

Phrase of the Week - Corporate Identification Doctrine

Livent Inc. (Receiver of) v. Deloitte & Touche | 2014 CarswellOnt 4365 | Ontario Superior Court of Justice [Commercial List]

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In Reckitt Benckiser LLC v. Jamieson Laboratories Ltd., the Federal Court applied the tri-partite test and granted an interlocutory injunction to restrain Jamieson from selling essentially the same product into the same channels as Reckitt Benckiser’s registered trademark.

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This post looks at Ontario landlord and tenant law, focusing on tenancy agreements, financial issues like security deposits, post-dated cheques and automated payments, the validity of “no pets” clauses, and assigning and subletting.

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Modified Objective Test

Higginson v. R.T.D. Enterprises Ltd. | 2012 CarswellBC 2560 | British Columbia Supreme Court

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Legal Wit — The Limits of Fairness

I do not think that it lies well in the mouth of the unsuccessful party whose evidence was found to be lacking to complain that the party opposite did a more thorough job marshalling its resources.

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Phrase of the Week - Oh, Of Course Test

Vandal v. Cousineau | 2014 CarswellAlta 2026 | Alberta Court of Queen's Bench

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In Black & Decker Corp. v. Piranha Abrasives Inc., the Federal Court found trademark infringement on the basis of high resemblance between two marks, but dismissed allegations of passing off and depreciation of goodwill.

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A recent decision of the Federal Court considered whether using copies of keyword meta tags in the metadata of a website constitutes copyright infringement.

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In a recent CCAA proceeding a secured creditor successfully opposed fees payable to a special restructuring committee created by the board of directors.

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CSA proposes amendments to rules surrounding take-over bids and shareholder rights plans, making life difficult for hostile bidders.

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Phrase of the Week - Test for Confusion

Hershey Canada Inc. v. Gorham | 2012 CarswellNat 2743 | Trade-marks Opposition Board

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Recent case imposes constructive trust on certain proceeds held by a Receiver in order to prevent an inequitable and unjust result.

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