The Complete Brief
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September 24, 2024
3 judicial appointments announced for Quebec
Minister of Justice and Attorney General of Canada Arif Virani announced the appointment of Mathieu Piché-Messier, Lysane Cree and Horia Bundaru as judges of the Superior Court of Quebec, a Sept. 23 news release announced.
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September 24, 2024
Miller Thomson Montreal expands with addition of new partner
Miller Thomson LLP announced in a recent news release the addition of Yves Rocheleau as a partner in the firm’s business law group in Montreal.
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September 24, 2024
APPEALS - Unreasonable verdict - Powers of appellate court - New trial
Appeal by the Crown against the trial judge's acquittal of Jones on the charge of refusing to comply with an approved screening device demand. The police arrested Jones after suspecting him of intoxication and possession of a stolen car. He was charged with refusing to comply with an approved screening device demand, operating a conveyance while prohibited, and causing a disturbance.
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September 24, 2024
The impact of AI on patent infringement research: A new era of efficiency and accuracy
Artificial Intelligence (AI) is rapidly reshaping industries worldwide, and the field of intellectual property (IP) law is no exception. Patent infringement research, once a labour-intensive and time-consuming process, is being revolutionized by AI. This transformation is not just about automating routine tasks; it’s about enhancing the precision, efficiency and profitability of legal services.
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September 24, 2024
Safeguarding intellectual property: Key insights for employers
In today’s dynamic business environment, companies are dedicating substantial resources to the creation of innovative products, technologies and processes to gain a competitive edge. However, the value of these innovations can be jeopardized if intellectual property ownership is not clearly established and protected within the employment context. It can be crucial for companies to ensure that they obtain and retain ownership of intellectual property developed by their employees and, in some cases, even intellectual property created by their contractors.
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September 24, 2024
Words matter: Alberta Court of Appeal overturns pipeline leak coverage decision
In August 2024, the Alberta Court of Appeal in Paramount Resources Ltd. v. Chubb Insurance Co. of Canada, [2024] A.J. No. 987, overturned the summary trial decision that found an insured was entitled to coverage afforded under its pollution liability policy and reversed the $9.74 million award. This is an important decision in contract interpretation as the main dispute of this matter hinged on the meaning of one word in the policy: “detected.”
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September 24, 2024
The succession rights of unborn children: Intestacy
Intestate succession in Ontario is governed by a structured and complex process under the Succession Law Reform Act (SLRA). The legislation first provides for the surviving spouse and descendants, and if there are none, it makes provision for other blood relatives of the intestate.
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September 24, 2024
Alan Dershowitz’s own private North Star | David Peters
Alan Dershowitz’s one-time fellow advocate for liberal causes such as elimination of the death penalty, gun control, universal health care and reproductive rights, the late U.S. senator Ted Kennedy, once spoke of the importance of following the North Star while sailing so you always have a guide to ensure you stay on course. For Dershowitz, that North Star is the U.S. Constitution and its ideals of equal justice under the law. These principles drive his understanding of what it means to be a civil libertarian, which he summarizes as someone who “defends the rights of those with whom he disagrees as vehemently as those with whom he agrees.”
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September 24, 2024
Definition of arson at heart of Ontario Superior Court decision
Setting fire to property with malicious intent is a serious criminal offence in Canada, commonly associated with the act of an arsonist. If one intentionally or recklessly causes a fire or an explosion, it can lead to an arson charge. The Criminal Code outlines five offences for arson in ss. 433 to 436 (1), including endangering life and setting a fire for fraud. This is a deeply serious offence, with a maximum sentence of life imprisonment if prosecuted as an indictable offence, underscoring the gravity of the act and the need for strict adherence to the law.
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September 23, 2024
Early election could kill proposed miscarriage of justice review body if bill not soon enacted
With the possibility of an early federal election looming this fall, advocates for the creation of an independent body to investigate suspected wrongful convictions are urging the Senate to move expeditiously to study and pass Bill C-40, proposed government legislation that would give birth to a long-awaited independent review body.