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Document(s) published by this organization: 170


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HTMLAmendments to the Canadian Patent Act - Bill C-43
Robert Irani, Michael R. Whitt; Bennett Jones LLP;
Legal Alert/Article
February 24, 2015, previously published on February 10, 2015
On December 16, 2014, amendments to the Canadian Patent Act contained in Bill C-43, known as the Economic Action Plan 2014 Act, No. 2, received Royal Assent.

 

HTMLSCOTUS Changes the Rules for Patent Claim Construction on Appeal Can the Supreme Court of Canada Be Far Behind?
L. E. Trent Horne, Dominique T. Hussey; Bennett Jones LLP;
Legal Alert/Article
February 24, 2015, previously published on January 29, 2015
For almost 100 years, Canadian Courts have consistently held that the interpretation of a patent claim is a question of law. In almost every context, questions of law are reviewed on a de novo basis, without deference. As the Canadian courts of appeal routinely describe claim construction purely...

 

HTMLCanadian Importers May Now Seek Import Duty Refunds
Claire M. C. Kennedy, Darrel H. Pearson; Bennett Jones LLP;
Legal Alert/Article
February 24, 2015, previously published on January 19, 2015
Since the introduction of the Transaction Value System of customs valuation by Canada on January 1, 1985, the Canada Border Services Agency (CBSA) has maintained a stated policy of denying refund claims of related party importers who seek to amend declared values for duty to account for adjustments...

 

HTMLOSC Proposes New Whistleblower Program, with Financial Awards
Alan P. Gardner, Jeffrey S. Leon, Usman M. Sheikh; Bennett Jones LLP;
Legal Alert/Article
February 24, 2015, previously published on February 4, 2015
On February 3, 2015, the Ontario Securities Commission (OSC) issued Staff Consultation Paper 15-401 - Proposed Framework for an OSC Whistleblower Program seeking comment on their proposed whistleblower program. The program, which would offer the potential for substantial financial awards to...

 

HTMLCSA Publishes Progress Report on Review of the Proxy Voting Infrastructure
Elianeth Alicea, Georges Dube; Bennett Jones LLP;
Legal Alert/Article
February 24, 2015, previously published on February 10, 2015
On January 29, 2015, the Canadian Securities Administrators (CSA) published CSA Staff Notice 54-303 - Progress Report on Review of the Proxy Voting Infrastructure. The report outlines the progress made to date by the CSA in its review of the network of organizations, systems, legal rules and market...

 

HTMLREITs Cautioned on Disclosure Practices OSC Publishes Results of Review on REIT Distribution Disclosure; Excess Distributions, Non-IFRS Metrics Among Key OSC Concerns
Christopher J. Doucet, George Dube, Aaron E. Sonshine; Bennett Jones LLP;
Legal Alert/Article
February 24, 2015, previously published on January 28, 2015
On January 26, 2015, the Ontario Securities Commission published OSC Staff Notice 51-724 - Report on Staff's Review of REIT Distributions Disclosure. The Report presented the findings of the OSC's recent review of the disclosure practices of 30 publicly-listed REITs, primarily in the area of...

 

HTMLThe Legal Perspective on Technical Documents in the Construction Industry
Jason A. Banack; Bennett Jones LLP;
Legal Alert/Article
February 6, 2015, previously published on June 5, 2014
A lawyer adds value to a project by applying his or her unique knowledge of legal principles and industry experience to the particular circumstances of a client’s business.

 

HTMLRectification is About Intention - Not Interpretation
Alison J. Gray; Bennett Jones LLP;
Legal Alert/Article
January 29, 2015, previously published on January 20, 2015
The Ontario Superior Court of Justice recently granted rectification in a case in which the CRA and the taxpayer differed in their interpretation and effect of a particular document. In Kaleidescape Canada Inc et al v Computershare Trust Company of Canada et al, 2014 ONSC 4983, the Court was asked...

 

HTMLCASL Software Provisions now in Force
J. Sébastien A. Gittens, Graeme S. Harrison, Martin P.J. Kratz; Bennett Jones LLP;
Legal Alert/Article
January 28, 2015, previously published on January 15, 2014
The provisions of Canada’s Anti-Spam Law (CASL) that regulate the installation of software came into force today, January 15, 2015. These provisions create new compliance burdens for businesses that create, distribute or use computer programs and software in the course of business (i.e., most...

 

HTMLCanada Begins Border Enforcement for Counterfeits
Jesse I. Goldman, George W. H. Reid; Bennett Jones LLP;
Legal Alert/Article
January 28, 2015, previously published on January 15, 2015
On January 1, 2015, the Government of Canada declared into force new border controls designed to prevent counterfeit and copyright infringing goods from entering and exiting Canada. The new border controls empower officers of the Canada Border Services Agency (CBSA) to detain suspected counterfeit...

 


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