A record-breaking amount of $644 million, awarded on June 7th by the Federal Court of Canada to Dow Chemical against Nova Chemicals for patent infringement, is a vivid reminder of the importance of obtaining intellectual property protection and of conducting appropriate “right to manufacture” searches before any marketing activity.
In a very recent decision (April 19, 2017), the Federal Court of Canada cleared up much of the underbrush obscuring the accounting for profits remedy for infringement of intellectual property rights. Specifically, the Court shone a bright light on which of three methods is to be used in differing circumstances.
In Canada, each of the provinces have jurisdiction over their securities issues. Section 11 of the Securities Act (Québec) (“QSA”) stipulates that the distribution of securities to residents of Québec requires a prospectus subject to a receipt issued by the Autorité des marchés financiers (“AMF”), unless a prospectus exemption is available under National Instrument 45-106 – Prospectus Exemptions (“NI-45-106”).
Aside from its general business provisions (such as the rent, term, options to renew and so on) and other clauses governing and restricting the tenant’s right to use and occupy the premises, for the most part, the remainder of a commercial real estate lease is nothing more than an orderly allocation of obligations, liability and risk between the landlord and the tenant.
Do you remember the old saying, “If it seems too good to be true, then it isn’t”?
If you did, then you are ahead of the approximately 900,000 mainland Chinese who fell victim to a recent Ponzi scheme which plagued China.
We are pleased to provide you with an overview of the Voluntary Reimbursement Program (the "Program") which is aimed at facilitating the recovery of amounts improperly paid by public bodies in connection with public contracts.
Your phone and now, your computer can be a tool to losing your life’s savings. This is a fact that you need to understand in order to protect yourself from scams that are being perpetrated on Canadians daily.
Companies are increasingly victims of sophisticated scams totalling billions of dollars. Even though the security protocols established by your IT department are reputed inviolable and strong passwords on your computer and credit cards are changed regularly, you are not fully protected.
As many of us head off on summer vacation, Canada’s new Anti-spam Legislation (CASL) comes into force on July 1st, 2014. This law will affect all individuals, companies or organizations that send commercial electronic messages (CEMs), develop or install computer programs, or re-route the destination of a message, contrary to the one specified by the sender.
Since February 14, 2011, trusts are not authorized to register with the Registraire des entreprises du Québec. However, section 21(8) of the Act respecting the legal publicity of enterprises, that will take effect on July 1, 2014, makes registration compulsory for "trusts operating a commercial enterprise in Québec, other than a trust administered by a registered registrant". In addition, trusts operating a commercial enterprise administered by a trustee not registered will be required to register within 60 days of the date after which they became subject to the Act.