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Matrimonial Claim Brought Under Guise of Estate Claim The Estate of Lois Jean Davey v.

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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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... the fact that [the employer] cannot be sued, and so cannot be held vicariously liable, makes no difference to whether its notional vicarious liability constitutes “fault”

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This excerpt from the updated Family Law — General title examines Canadian law with regards to contracts to marry

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Employee was terminated without cause after less than six months' employment; employee was bound by six-month probation clause

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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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A revocable beneficiary designation is one that can be altered or revoked by the insured without the beneficiary’s knowledge or consent (s. 190(1) and (2) [Part V of the Insurance Act [R.S.O. 1990, c. I.8]]) .

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This excerpt from the updated Immigration and Refugees title examines Canadian law with regards to refugee protection and determination procedure

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“Reasonableness” [in context of judicial review of decision of labour arbitrator] is a deferential standard that does not equate to the standard of appellate review that is applied to decisions...

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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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Introducing Related Proceedings

As of April 20th, Keycite Canada on WestlawNext Canada will include relationships to cases that are not part of the direct appellate history.

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The Ontario Court of Appeal allowed an appeal by the defendant estate trustees from a judgment concerning expenses for a residence that was subject to a cohabitation agreement. Plaintiff and deceased had cohabitation agreement that provided the plaintiff with option of remaining in residence. On appeal, it was held that given that plaintiff was not paying all of costs of maintaining residence, defendants could reasonably take position that she had not complied with agreement and that residence should be sold.

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