Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Piercing the corporate veil may be easier than you think

Posted in Case Comments, Contracts, Corporate Law

How do corporate and personal liability intersect in a corporation that has only one officer, director and shareholder?  In the recent Shoppers Drug Mart v. 6470360 Canada Inc. case, the Court of Appeal helped to clarify when the person behind the corporation will be found liable.

Background

In October 2005, Shoppers Drug Mart (“Shoppers”) contracted with Energyshop Consulting Inc. (“Energyshop”) to manage and pay its utility bills on a nationwide basis.  Michael Wayne Beamish (“Beamish”) negotiated the contract on behalf of Energyshop, which had not yet been incorporated.  Beamish later incorporated 6470360 Canada Inc. … Continue Reading

A Further Limitation on the Ability of the Generic Drug Companies to Chase the Profits of Innovators?

Posted in Case Previews, Intellectual Property

Can a generic drug company bring an action for disgorgement of profits when an innovator pharmaceutical company is ultimately unsuccessful in invoking the Patented Medicines (Notice of Compliance) Regulations?  That question is now going to be determined by the Divisional Court, according to a recent decision that strikes another blow to generic drug companies in this ongoing debate.… Continue Reading