In-House Counsel
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July 10, 2024
PATENTS — Defences to infringement — Lack of essential element
Appeal by appellants from dismissal by federal court of its patent infringement action on motion for summary trial against respondent. The appellants claimed that the respondents infringed their 085 patent for a floating liquefied natural gas (LNG) facility by using the patented invention.
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July 10, 2024
Tribunals and decision makers: Is their use of AI unfair?
The Canadian administrative state is under strain.
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July 09, 2024
Muslim charity’s Charter case against CRA stalls again in wake of Ontario Court of Appeal ruling
A lawsuit launched by the Muslim Association of Canada (MAC) against the Canada Revenue Agency (CRA) claiming that an extensive CRA audit violated the religious nonprofit’s Charter rights will remain on hold following a decision by the Ontario Court of Appeal.
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July 09, 2024
Due diligence tips for investing in AI companies
Investment banks and private equity firms are increasingly captivated by the lucrative potential of artificial intelligence (AI) companies. However, the dynamic and complex nature of AI technology, alongside the continuously evolving regulatory landscape, demands meticulous due diligence to thoroughly understand the potential risks and benefits. Specialized legal due diligence, focusing on the unique characteristics of AI companies, is vital for an accurate evaluation of these investment opportunities.
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July 08, 2024
B.C. Court of Appeal upholds Privacy Act claims against Capital One in certifying class action
The B.C. Court of Appeal has upheld the certification of a class action against financial services giant Capital One over a 2019 data breach that affected six million Canadians, ruling that it was not plain and obvious that Privacy Act claims against the company as a data custodian were bound to fail.
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July 08, 2024
Call for change: Alberta court identifies need for new rules for appeals of applications judges
The Court of King’s Bench, in Lesenko v. Wild Rose Ready Mix Ltd., 2024 ABKB 333, has sent a clear message to the Rules of Court Committee and the Alberta Court of Appeal about the need for new standard-of-review rules for appeals of applications judges.
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July 08, 2024
Alarm company mishandled breach complaints, but no ‘real risk of significant harm’: Commission
The Office of the Privacy Commissioner of Canada (OPC) recently published its Report of Findings following an investigation into Company Home, an alarm-monitoring company that works with authorized dealers to sell the systems to customers.
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July 08, 2024
Manitoba regulator running mental wellness challenge for lawyers
The new president of Manitoba’s law society is hoping an ongoing “wellness challenge” for lawyers will put them on the path to minding their mental health while at work. The Law Society of Manitoba’s (LSM) Wellness Challenge 2024, the first of its kind by the regulator, is a voluntary project where participants engage in various wellness activities over an eight-week period. The activities, grouped into two-week slots, began June 17 and will run through to Aug. 9.
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July 05, 2024
SCC-bound case challenges refusal to publicly disclose court records revealing civil case delays
Does the principle of judicial independence enable judicial leaders to veto, in their absolute discretion, the public release of court records that reveal the extent of civil trial delays in the courts they administer? Absent transparency about courts’ operational performance, is the judicial branch of government sufficiently accountable to the public for its role in managing the courts?
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July 05, 2024
Up to $6.7M settlement approved related to alleged risks and injuries from blood clot filters
A Canada-wide class action settlement has received court approval in a case related to certain inferior vena cava filter products (IVC Filter Products) that were marketed and sold by Cook (Canada) Inc., Cook Incorporated and William Cook Europe APS (Cook).