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HTMLOntario Human Rights Commission Releases New Policy on Mental Health Disabilities and Addictions
Benjamin T. Aberant; McCarthy Tétrault LLP;
Legal Alert/Article
July 7, 2014, previously published on June 24, 2014
On April 16th, we reported on a new policy published by the Ontario Human Rights Commission (the Commission) entitled Policy on Preventing Discrimination Because of Gender Identity and Gender Expression. Last week, the Commission published a new policy entitled the Policy on preventing...

 

HTMLThe Aereo Decision - Canadian Content?
Daniel G.C. Glover; McCarthy Tétrault LLP;
Legal Alert/Article
July 7, 2014, previously published on June 26, 2014
Careful observers of the United States Supreme Court’s 6-3 decision yesterday in American Broadcasting Cos., Inc. et al v. Aereo, Inc. may have detected a small Canadian flavour in the majority’s reasoning. As will be revealed, this was no coincidence, and McCarthy Tétrault...

 

HTMLProposed Rules for Exploration Work for Hydrocarbons on the Anticosti Island
Daniel Bénay, Mathieu LeBlanc; McCarthy Tétrault LLP;
Legal Alert/Article
July 2, 2014, previously published on June 11, 2014
On June 9, 2014, the Minister of Energy and Natural Resources published in the Gazette officielle du Québec a draft Minister’s Order setting out the conditions on which exploration work for petroleum and natural gas may be performed on Québec public land on the Anticosti Island....

 

HTMLNotice and Notice Regime under C-11 Coming into Force
Barry B. Sookman; McCarthy Tétrault LLP;
Legal Alert/Article
June 27, 2014, previously published on June 18, 2014
The Government announced today that the notice and notice regime established under C-11 is coming into force. The delay in bringing these provisions into force was a consultations on possible regulations that the regime permitted. The Government announced that the provisions are coming into force...

 

HTMLA Supreme Cabinet of Appeal for Economic Tribunals?
Dina Awad; McCarthy Tétrault LLP;
Legal Alert/Article
June 27, 2014, previously published on June 20, 2014
The Supreme Court of Canada has released a much anticipated administrative law decision interpreting the scope of Cabinet’s powers to overrule tribunals. In Canadian National Railway Co. v. Canada (Attorney General), the Supreme Court clarified that reasonableness review applies to...

 

HTMLCanadian Trademarks: Cathay Pacific Wins Battle over “Asia Miles” Versus “Air Miles”
David Tait; McCarthy Tétrault LLP;
Legal Alert/Article
June 27, 2014, previously published on June 19, 2014
On June 11, 2014 Justice O’Reilly of the Federal Court released his decision relating to the registerability of the trademark “Asia Miles” in light of opposition from Air Miles International.

 

HTMLPM(NOC) Proceedings: Apotex Defeats Bayer’s Canadian Patent on Oral Contraceptive YAZ
David Tait; McCarthy Tétrault LLP;
Legal Alert/Article
June 27, 2014, previously published on June 19, 2014
On June 4, 2014 Justice Roger Hughes of the Federal Court released his public reasons for dismissing Bayer’s prohibition application against Apotex in respect of its generic YAZ tablets on the basis that Apotex’s non-infringement allegation was justified. His confidential judgment was...

 

HTMLFederal Court Dismisses Notion that Patents Should Be Given Only One Interpretation for All Purposes
Sanjaya Mendis, Steven Tanner; McCarthy Tétrault LLP;
Legal Alert/Article
June 27, 2014, previously published on June 19, 2014
In a pair of simultaneously released decisions on June 13, 2014, Justice O’Reilly allowed Allergan’s applications (the “Applications”) prohibiting the Minister of Health from issuing NOCs to Cobalt (now “Actavis”) (2014 FC 566) and Apotex (2014 FC 567) to market...

 

HTMLProactive Monitoring: Lack of Employee Oversight Leads to the Certification of the first Privacy Class Action Based on the Novel Tort of “Intrusion Upon Seclusion”
Sean Griffin, Anne-Elisabeth Simard; McCarthy Tétrault LLP;
Legal Alert/Article
June 27, 2014, previously published on June 23, 2014
On June 6, 2014, the Ontario Superior Court certified the first privacy class action based on the novel tort of “intrusion upon seclusion”, recognised in 2012 by the Ontario Court of Appeal in Jones v. Tsige

 

HTMLYou Can Stay Anonymous: SCC Recognizes a Privacy Interest in Protecting Anonymity on the Internet
Roland Hung, Charles S. Morgan; McCarthy Tétrault LLP;
Legal Alert/Article
June 27, 2014, previously published on June 22, 2014
On June 13, 2014, in a landmark privacy ruling, the Supreme Court of Canada (“SCC”) in R v Spencer (“Spencer”) unanimously recognized that, in addition to confidentiality and control of the use of personal information, there may be a privacy interest in protecting anonymity...

 


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