In a certification decision released last Monday, the British Columbia Court of Appeal has significantly narrowed the scope of the waiver of tort doctrine, holding that it cannot be used to remedy breaches of a statute which itself provides exhaustive or exclusive remedies for the breach in question. The decision in Koubi v. Mazda Canada… → Read More
Monthly Archives: July 2012
Interpretation of Interrelated Contracts in a Commercially Effective Manner: Clarification of Two Important Principles of Contractual Interpretation
Posted in Case Comments, ContractsIt is well established that when interpreting a contract the document must be read as a whole, without considering the disputed words or phrase in isolation from the rest of the contractual text. In recent years, the Ontario Court of Appeal has expanded this principle to the interpretation of interrelated contracts, such that if (as… → Read More
Infringing via the Unspoken: Marlboro Appeal Increases Scope of Confusion for Trade-marks Infringement
Posted in Administrative, Case Comments, Intellectual PropertyIn an eagerly anticipated decision, the Federal Court of Appeal has allowed in part Imperial Tobacco’s unique infringement lawsuit against Philip Morris in the Marlboro Canada Ltd. v. Philip Morris Products S.A. decision. This lawsuit involved the first cigarette package in the world that bore no brand name, with the plaintiff claiming instead that the… → Read More
Back to Basic: US Supreme Court to Hear Amgen and Clarify “Fraud-on-the-Market” Reliance Presumption in Class Actions
Posted in Case Previews, Class Actions, Corporate Law, Securities, TortsThe Supreme Court of the United States has announced it will hear the appeal in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, setting the stage for an important clarification of the use of the “fraud-on-the-market” reliance presumption in U.S. securities class actions. The Court first set out the presumption in its 1988 landmark… → Read More
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