News & Analysis as of

Canada Dismissals Summary Judgment

Littler

Ontario, Canada Appeal Court Dismisses Employer’s Appeal of $1.8 Million Damage Award to Retired VP

Littler on

In Boyer v. Callidus Capital Corporation, 2025 ONCA 79, the Court of Appeal for Ontario (OCA) dismissed the employer’s appeal of the motion judge’s order in Boyer v. Callidus, 2024 ONSC 20, discussed in detail here. The...more

Smart & Biggar

Ontario Superior Court dismisses Apotex’s Statutes of Monopolies and Trademarks Act claims regarding olanzapine

Smart & Biggar on

Update: Apotex has appealed. On March 8, 2021, the Ontario Superior Court of Justice granted Eli Lilly’s (Lilly) motion for summary judgment and dismissed Apotex’s claims under the Statutes of Monopolies, Trademarks Act, and...more

Smart & Biggar

Federal Court holds section 8.2 of the PMNOC Regulations does not impose a limitation period

Smart & Biggar on

On December 22, 2020, the Federal Court issued its decision holding that section 8.2 of the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) does not impose a limitation period either the same as or...more

Smart & Biggar

The fight over depreciation of goodwill in Canada keeps going and going …

Smart & Biggar on

While comparative advertising can be an effective tool for comparing and contrasting competing brands, there are limits on what claims can lawfully be made. One such limit is provided by Section 22 of the Trademarks Act,...more

Bennett Jones LLP

Supreme Court Denies Leave to Appeal Dismissal of Auditor Negligence Claim

Bennett Jones LLP on

On May 2, 2019, the Supreme Court of Canada denied leave to appeal from the Ontario Court of Appeal’s decision in Lavender v Miller Bernstein LLP1. The Supreme Court’s decision marks the end of a 14-year legal battle that has...more

Bennett Jones LLP

The Alberta Court of Appeal Clarifies the Test for Summary Judgment in Alberta

Bennett Jones LLP on

The Alberta Court of Appeal (ABCA) may have lowered the standard of proof for summary judgement. This could help shorten the process to judgment for clients pursuing claims as well as assist clients bring unmeritorious claims...more

Smart & Biggar

Ontario Superior Court dismisses summary judgment motion in Lansoprazole Section 8 Claim

Smart & Biggar on

On February 27, 2017, the Ontario Superior Court of Justice (2017 ONSC 1348) dismissed a motion for summary judgment brought by Abbott Laboratories and Takeda Pharmaceuticals, the defendants in an action for damages brought...more

Smart & Biggar

Rx IP Update - March 2017

Smart & Biggar on

Tribunal dismisses Eli Lilly’s NAFTA challenge on promise utility doctrine - As previously reported, Eli Lilly submitted claims to international arbitration under the North American Free Trade Agreement (NAFTA) seeking...more

Littler

Termination Clause Enforced: Oudin and the Supreme Court of Canada

Littler on

In Canada, termination clauses in employment agreements are critical tools that allow an employer to avoid providing reasonable notice of termination under the common law.  Each year there are numerous court decisions on this...more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide