Recent Insights

Contract Formed in Ontario Where Email Communicating Acceptance Received in Ontario Contract Formed in Ontario Where Email Communicating Acceptance Received in Ontario

Information Technology
May 17, 2017May 17, 20172017-05-17
In TFS RT Inc v Kenneth Dyck, 2017 ONSC 2780 (TFS), the Ontario Supe
Deeth Williams Wall http://www.dww.com/articles/contract-formed-ontario-where-email-communicating-acceptance-received-ontario

Unanimous Appellate Decision Upholds Balance of Regulatory Regime as a Full Defence against Copyright Infringement Unanimous Appellate Decision Upholds Balance of Regulatory Regime as a Full Defence against Copyright Inf...

Copyright
May 17, 2017May 17, 20172017-05-17
In Geophysical Service Incorporated v EnCana Corporation, 2017 ABCA 125, the Alberta Court of Appeal chose to maintain the balance struck by the regulatory regime between the public’s interest in accessing of
Deeth Williams Wall http://www.dww.com/articles/unanimous-appellate-decision-upholds-balance-of-regulatory-regime-as-a-full-defence

The Senate Passed Bill C-30 – CETA Implementation Act The Senate Passed Bill C-30 – CETA Implementation Act

Patent
May 17, 2017May 17, 20172017-05-17
On May 16, 2017, Bill C-30, the proposed federal legislation to implement Canada’s rights and commitments under the Canada-EU Comprehensive Economic and Trade Agreement (CETA), received Royal Assent by the Governor General. Prior to receiving Royal Assent, the Senate of Canada completed the Third Reading of Bill C-30 and passed the bill on May 11, 2017 without any amendments.
Deeth Williams Wall http://www.dww.com/articles/senate-passed-bill-c30-%E2%80%93-ceta-implementation-act

US Federal Circuit Considers On-Sale Bar under the America Invents Act US Federal Circuit Considers On-Sale Bar under the America Invents Act

Patent
May 17, 2017May 17, 20172017-05-17
On May 1, 2017, the US Federal Circuit issued an important decision interpreting the on-sale bar provision under the America Invents Act (AIA) in Helsinn Healthcare SA v Teva Pharmaceuticals USA
Deeth Williams Wall http://www.dww.com/articles/us-federal-circuit-considers-onsale-bar-under-america-invents-act

CRTC Directs Videotron to Comply with Telecommunications Act CRTC Directs Videotron to Comply with Telecommunications Act

Telecommunications
May 17, 2017May 17, 20172017-05-17
In a decision released April 20, 2017, the Canadian Radio-television and Telecommunications Commission (CRTC) concluded that Quebecor Media Inc, Videotron Ltd, and Videotron GP (collectively, Videotron) gave an undue preference to subscribers who accessed the Unlimited Music
Deeth Williams Wall http://www.dww.com/articles/crtc-directs-videotron-to-comply-telecommunications-act

US Federal Circuit Suggests All Four eBay Factors Must be Satisfied for Injunctive Relief US Federal Circuit Suggests All Four eBay Factors Must be Satisfied for Injunctive Relief

Patent
May 17, 2017May 17, 20172017-05-17
The US Federal Circuit in Nichia Corp v Everlight Americas Inc, No. 16-1585 (Fed Cir 2017) suggests that all four “eBay factors” are necessary to grant permanent injunctive relief.
Deeth Williams Wall http://www.dww.com/articles/us-federal-circuit-suggests-all-four-ebay-factors-must-be-satisfied-for-injunctive-relief

Events

September 15, 2017

Richard Austin will be a panelist during the 2017 Guide to Legal & Business Risk Management in Cloud and SaaS Based Environments event on September 15, 2017.  Richard will be presenting on a panel discussing: Cloud Computing Agreements: Tips, Tricks and Pitfalls

February 22, 2017

James Kosa will be speaking at the LES 2017 Kick-Off: Toronto Social Event & Evening Talk on "Ethical Negotiations - The Art of the Possible".

His discussion will explore a range of topics that include the evolution of the duty to contract in good faith, the intersection of contract law and public policy, and examples of ethical dilemmas in contract negotiations.

February 1, 2017

On February 1, 2017, Richard Austin presented "Consent in the time of big data" at the 14th Privacy & Data Security Compliance Forum.

A copy of the presentation is available here