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Digest of the Week Archives : 2016

Digest of the Week – Inducing Patent Infringement

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.

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Digest of the Week – Shortfall in Patent Application Fee

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.

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Digest of the Week | Discovery of documents

The solicitor client privilege applied to emails on a corporate server even though the corporate policy manual indicated that emails were not guaranteed to be private and even though there was a later change in policy regarding corporate computer use for personal matters.

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Digest of the Week – Direction and Control Over Own Resources

This digest highlights a Federal Court of Appeal decision where the Court held that where a registered charity is transferring money or other resources to an intermediary, simply having a written agreement will not necessarily evidence that the charity is exercising direction and control over its own resources.

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This digest highlights a British Columbia Court of Appeal decision which upheld a lower court’s finding that a hotel manager did not owe a fiduciary to purchasers of the assets of the hotel corporation.

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Digest of the Week | Striking Out Statement of Claim

Claims against veterinarian, veterinary clinic and veterinary medical association, were struck out on basis that facts pleaded did not support the claims.

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Digest of the Week | Entitlement to Bonus

Court of Appeal held entitlement to bonus payments did not depend on whether employee was notionally or actively employed after employment was terminated but on compensation and benefits to which he would have been entitled but for wrongful termination

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Phrase of the Week | Gross Earnings

Bruyere Continuing Care and CUPE, Local 4540 (Burnett), Re (2016), 2016 CarswellOnt 633 Ontario Arbitration

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Digest of the Week – Heightened Duty of Disclosure

This digest highlights a British Columbia Supreme Court decision where the Court found that a corporation’s deteriorating financial circumstances can impose a heightened duty of disclosure, and held that a director breached his fiduciary duty to the corporation by failing to disclose the expiry of a management services agreement.

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Digest of the Week – Technological Neutrality

This digest highlights a Supreme Court of Canada decision which allowed an appeal from licensing decisions of the Copyright Board, holding that the Board failed to consider the principles of technological neutrality and balance.

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Digest of the Week | Conduct of hearing

Action against Crown for defendants alleging public misfeasance, abuse and excess of jurisdiction, abuse of process, negligence, and breach of various constitutional obligations was not a claim that could be resolved through Federal Court Rule 369.

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Digest of the Week – Limited Degree of Notice

This digest highlights a recent Ontario Superior Court of Justice decision where the Court allowed the plaintiff’s action against the defendant’s estate personally, holding that the limited degree of notice provided by the defendant by using the words “transport company” did not create an obligation on the plaintiff to investigate whether he was doing business with a corporation.

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