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Contracts

Federal Court Upholds Setanta's Monopoly on the UFC in Canada

Jeffrey O'Brien in a JD candidate at the University of Alberta. Last month, Setanta Sports, a Dublin-based pay-per-view sports provider, was awarded summary judgement against an Alberta sports bar, The Brew'in Taphouse, and two of its principals by the Federal Court of Canada. Damages were awarded, but the most interesting order was the permanent injunction […]

EU Aims To Harmonize Contract Law Across Member States

Matt Lonsdale is a graduate of the Schulich School of Law at Dalhousie University. European Union contract law may receive a shot in the arm next October, if Viviane Reding, EU Justice Commissioner and Vice-President of the European Commission, makes good on her promise to introduce a legislative proposal for a new legal instrument aimed […]

Government Agencies Retaining IP Rights In Violation Of Stated Policy

Matt Lonsdale is a graduate of the Schulich School of Law at Dalhousie University. A recent report claims that in 2009, 59% of the intellectual property rights in the work product of contractors hired by Canadian government agencies were retained by the agencies themselves. This is a departure from the goals of a government policy […]

Scassa Gives Rave Review for D’Agostino’s Book on Copyright

Danny Titolo is a JD candidate at Osgoode Hall Law School. “Informing”, “well written”, “insight[ful]”, and “important contribution” (p. 93) are just a few of the words used by Professor Teresa Scassa, Canada Research Chair in Information Law and Vice-Dean Research at the University of Ottawa Faculty of Law, in her recent review of Copyright, […]

Robertson Class Action Settlement #2 Decision Released

Kirk M. Baert and Jonathan Bida of Koskie Minsky LLP are class counsel in this matter. On May 2, 2011, Justice Carolyn Horkins of the Ontario Superior Court of Justice approved the settlement of the class action Heather Robertson v. ProQuest, CEDROM, Toronto Star Newspapers, Rogers and Canwest, worth approximately $7.9 million. Class counsel provides […]

"I AGREE": Informed Consent and the Ethics of Third Party Access to Game Player Data

Suzanne de Castell is the Professor of Curriculum and Instruction in the Faculty of Education at Simon Fraser University and a Visiting Professor in the Faculty of Education, York University. How many users out there would click “I Agree” to play an online game if the meaning of that agreement was set out for them […]

Settlement Denied: What’s Next for Google Books?

Jenna Newman is a graduate of the Master of Publishing program at Simon Fraser University. The long-awaited ruling on the proposed Google Books settlement is out: the court has rejected the settlement. So many serious concerns were voiced by potential class members as well as scholars, librarians, the US Department of Justice, other nations—on questions […]

To arbitrate, or not arbitrate? That is the question.

Mark Kohras is a JD candidate at Osgoode Hall Law School. Last Friday, the Supreme Court of Canada issued a decision in the case of Seidel v. TELUS Communications Inc. This case highlights a key issue in contract law; the operability of arbitration clauses and class action waivers in the consumer protection context. The case related […]

Supreme Court of Canada Rules on Cellphone Services Contracts

The Supreme Court of Canada handed down a decision today in the case of Michelle Seidel  v. TELUS Communications Inc., 2011 SCC 15.  At issue is whether a plaintiff consumer can bring various causes of action, including those under consumer protection legislation, in a court of first instance via a class action proceeding or whether […]