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Published on: 31 Mar 2020 By

Update for litigators: limitation periods and procedural deadlines in Ontario suspended due to COVID-19 emergency

While the consequences of the COVID-19 pandemic unfold, litigators and litigants alike can breath a small sigh of relief in light of the recent Order of the Lieutenant Governor in Council, made under the Emergency Management and Civil Protection Act on March 17, 2020.[1]  The Order suspends …

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Published on: 30 Mar 2020 By

Beware of standard clauses – the lesson from Walton v. Warren

On January 9, 2020 the British Columbia Supreme Court found in favour of the Purchaser awarding costs against the Seller when an underground storage tank was discovered approximately 2½ years following closing (“Completion Date”). The judge made this finding despite the Purchaser obtaining a…

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Published on: 27 Mar 2020 By

Filing deadlines extended for patents, trademarks and industrial designs in response to COVID-19

Note: This post has been updated to reflect a updated notice issued by the Canadian Intellectual Property Office on March 27, 2020. As Canada responds to the COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has taken the drastic step of extending certain filing deadlines u…

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Published on: 27 Mar 2020 By

Expanding your multi-level marketing plan to Canada

The Competition Bureau: Achieving positive written opinions for multi-level marketers Canada’s legal system imposes severe civil and criminal penalties on multi-level marketing (MLM) plans that fail to follow the law. Illegitimate businesses face the potential of paying unlimited fines, and …

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Published on: 26 Mar 2020 By

Should I send my child for access during the COVID-19 pandemic?

These are unprecedented times. As I write this article, Canada has 3,385 confirmed cases of the novel coronavirus COVID-19, and as you read this article that number is bound to be higher – perhaps exponentially higher. All non-urgent matters in the Ontario courts have been suspended, w…

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Published on: 17 Mar 2020 By

What does COVID-19 mean for franchise systems?

How does the COVID-19 pandemic affect franchises systems? On March 11, 2020, the World Health Organization declared COVID-19 a global pandemic. As the situation evolves, the day-to-day affairs of businesses are constantly changing. Responding to a pandemic poses a unique situation for franch…

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Published on: 9 Mar 2020 By

Protecting wild salmon in Canadian Courts, moving toward stricter protections?

In Canada, we import approximately 93% of the fish consumed while we continue to export a significant amount of fish caught. Also, there is a lack of information relating to the fish being exported from Canada. In 2018 five tonnes of AquaAdvantage (genetically modified) salmon were sold, but…

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Published on: 26 Feb 2020 By

Are Patent “No Challenge Clauses” Enforceable?

It is common for commercial parties to agree not to attack the validity of intellectual property held by one of the parties to the agreement. However, a recent decision from the Ontario Superior Court of Justice has raised questions about the enforceability of these types of restrictive cove…

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