PRACTICE AREA: Corporate Commercial

Private corporations incorporated under the Canada Business Corporations Act (CBCA) will need to adhere to new requirements that were introduced in Bill C-86, the Budget Implementation Act, 2018, No.

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Plaintiff pharmaceutical company had received four patents for antibiotic cefaclor in 1980's, which were set to expire between October 1999 and July 2000 — In 1996, defendant pharmaceutical company was advised that it would face infringement action by plaintiff if it entered market with generic version of cefaclor — After defendant filed its first notice of compliance for antibiotic in 1997, it began selling its various capsules of cefaclor on Canadian market — In 1998, defendant entered into new contract with company to have cefaclor be made through new process thereby designing around plaintiff's patent by creating cefaclor 2 — Plaintiff brought successful action against defendant alleging that defendant infringed its patents for manufacture of antibiotic cefaclor

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Securities Source Newsletter | Canadian Securities Administrators

Canadian Securities Administrators (CSA) provide further guidance on the applicability of securities laws to token offerings . . . but is it enough?

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Bank only acted through agents, so when agent failed to read or understand term in proposal that was bank's failure — When agency was out of touch with lawyer it was result of banks failure to coordinate its agents or act through single agent to enforce related liabilities — It would be unjust to annul proposal allowed by bank on ground that bank now understood what it voted for.

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In Evans and Discovery Communications, 2018 FC 1153, the Federal Court granted the defendant's motion for summary judgment to dismiss the plaintiff's copyright infringement claim.

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The Supreme Court allowed the appeal in Callidus Capital Corporation v. Her Majesty the Queen, 2018 SCC 47, on November 8, 2018.

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If bankrupt could challenge validity of entire bankruptcy proceedings at this late stage, it would amount to collateral attack on validity of initial bankruptcy order, which was properly made and upheld upon appeal — This would be contrary to concept of finality ensconced in doctrines of res judicata and abuse of process.

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Clubine v. Paniagua [2018 CarswellBC 1798 (B.C. S.C.)] examines the effect of “After The Event Insurance”, or “Adverse Costs Insurance” on costs awards in British Columbia. ATE insurance is coverage purchased for the specific purpose of indemnifying the insured against expenses related to litigation itself. Often the policies are purchased after the event that is the subject of the litigation (such as an automobile accident) has occurred.

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A bank was liable to the CRA where money was owed under the Excise Tax Act by a client of the bank. The bank had given the client a loan secured by real property; the client then sold the property and repaid the loan. Under the ETA, both the property and the proceeds of the property were held in a deemed trust for the Crown; the Court ruled that the ETA prevented the bank from relying on the defence of bona fide purchaser for value: 2018 FC 538

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2018 ONCA 778; Bankruptcy and insolvency --- Companies' Creditors Arrangement Act — Miscellaneous

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Digest Of The Week | Fairfield Sentry Limited v. PricewaterhouseCoopers LLP

2018 ONCA 696; affirming Fairfield Sentry Limited et al v. PwC et al (2017), 2017 ONSC 3447; Bankruptcy and insolvency — Proving claim — Provable debts — General principles

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Digest Of The Week | 58 Cardill Inc. v. Rathcliffe Holdings Limited

Mortgagor retained contractor to build student residence on property — Mortgagee provided mortgage financing to mortgagor in amount of $11,700,000 — When four claims for lien were registered against property, mortgagee delivered notice of default under mortgage — Mortgagee appointed receiver-manager over construction project and property with power to sell property — Receiver sold property for amount of $14,390,000 — Liens were paid and mortgage discharged as part of conveyance of property — Amount of $351,000 was assessed and withheld by mortgagee as additional three-month interest charge that was supplementary to mortgage interest calculated to date of closing — Mortgagor's application for determination that mortgagee was not entitled to additional three-month interest charge was granted

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