Section Article Round-up
Reasonable regulation
The Supreme Court’s decision in Canada (Minister of Citizenship and Immigration) v. Vavilov reordered the judicial review landscape by entrenching reasonableness as the standard of review for most cases and by making reasonableness review a more searching and “robust” exercise than in the past. While Vavilov closed many of the routes to “correctness” review left open by the previous leading case, it also lessened the burden on applicants seeking substantive review of administrative action to argue for correctness, reducing the amount of ink and court time used to argue about the standard of review. Joshua Ginsberg, Director of the Ecojustice Environmental Law Clinic, explains.
GST/HST measures in the Fall Economic Statement
On November 21, 2023, the Honourable Chrystia Freeland, Deputy Prime Minister and Minister of Finance, tabled the Fall Economic Statement 2023. The Statement contains two proposals regarding the GST/HST. Alan Kenigsberg and Roger Smith of Osler explain what it means.
Employer segregated funds: Who can claim ITCs?
In an April 2023 GST Interpretation (RITS 202403) CRA takes the view that employers with pension funds invested in an insurer’s segregated funds, are NOT eligible to claim ITCs for the GST/HST payable on the investment management fees (“IM Fees”) paid directly out of those funds. This appears to be a potentially significant reinterpretation of the CRA views. Rob Kreklewetz and John Bassindale of Millar Kreklewetz LLP in Toronto, have the details.
ESG building certification
ESG refers to the application of Environmental, Social and Governance factors to evaluate a particular organization or project. With respect to the construction and maintenance of our built environment, ESG certifications signal to the general public (and investors) that a given project meets or exceeds certain ESG standards. This comprehensive paper by Jason Lewis, Director, Legal at Dexterra Group, concludes that, the proliferation of ESG certifications in the built environment has positively affected owners, builders, end-users, and society as a whole.
One-sided narrative could lead to punitive damages against insurer
Insurers should pay careful attention to the recent Ontario Court of Appeal decision in Baker v. Blue Cross Insurance Company of Canada. The Court’s decision upheld a significant jury verdict in the amount of $1,500,000 in punitive damages and approximately another $1,000,000 in full indemnity fees and disbursements to the plaintiff/insured against her long-term disability benefits insurer. Katherine Di Tomaso, Avi Sharabi, and Linette King of Stieber Berlach LLP in Toronto, discuss key takeaways for insurers and litigants engaged in insurance claims disputes.
Finding the line
A recent decision by the Ontario Court of Appeal arising from an unfortunate incident at Ontario Place eight years ago provides guidance on the responsibility of occupiers for natural hazards on their premises. Thomas Russell, an article student at Stieber Berlach LLP in Toronto, explains.
We are currently recruiting volunteers to prepare summaries of IP-related decisions on a quarterly basis. If you are interested, please contact Chantal Saunders at CSaunders@blg.com and Kathy Paterson at KPaterson@blg.com.
The following case summaries were submitted for this quarter:
Case summary: Civil contempt proceeding
Case summary: Admissibility of expert report
Case summary: Federal Court reverses registrar’s decisions due to new material evidence filed on appeal
Case summary: Federal Court of Appeal affirms Federal Court’s dismissal of claim for passing off
Case summary: Recourse to the disclosure when identifying the inventor concept
Case summary: Second person successor to an NDS can rely on predecessor’s NOA
Case summary: Case where amendment to defence not allowed
Case summary: Federal Court considers pleadings amendments
Case summary: Federal Court rules on the importance of a concise Statement of Claim in a patent infringement case
FCA dismisses appeal on refusal of trademark registration for confusion
Case summary: Reasonable litigation costs in IP infringement cases
Case summary: Certification motion denied in copyright infringement case
Case summary: Federal Court dismisses motion in copyright jurisdiction dispute
Case summary: Raising all possible issues in patent infringement action incurs elevated costs award against unsuccessful plaintiff
Case summary: Self-rep’s attempts at further discovery denied
Case summary: Beware of disadvantages of suing by way of application
Explicit instruction of direct infringement not necessary to establish influence under induced infringement test
Prima facie and reasonable inference remains a low standard
Case summary: AbbVie Corporation v. Jamp Pharma Corporation
Case summary: Timing requirements strict for filing patent lists
Case summary: Seismotech IP Holdings Inc. et al v. John Does and Ecobee Technologies
Case summary: Assessment Officer provides detailed assessment of assessable services under the Tariff
Case summary: Court dismisses challenge to redactions and solicitors eyes only designations
Case summary: Court holds that defendants in motions for security for costs should not make selective disclosure of evidence
Case summary: Federal Court allows, in part, reply evidence that serves in the interest of justice
Case summary: Assessment of costs for unopposed claims, motions with costs awards, and expert services
Case summary: Amendments to Statement of Defence allowed in diabetes drug patent trial
The airline industry and international law
On October 27, 2023, the International Law Section of the Canadian Bar Association brought together legal experts in the airline industry for a captivating event that shed light on various aspects of aviation law. Here’s a recap of the key insights shared by our distinguished speakers.
Flushing away privacy rights?
In this comprehensive and thought-provoking essay, which came second in the Sections essay contest this year, Queen’s Law teaching assistant Lauren Daly examines the legal implications of the rise in wastewater surveillance, including in the context of combatting highly communicable diseases such as COVID-19.