On 14 November 1997, fourteen-year-old Reena Virk was swarmed and beaten by a group of teenagers in Victoria, B.C., at the south end of the Craigflower Bridge. After the beating, bloodied and bruised, Virk made her way across the bridge to head home. Two of the original attackers, Warren Paul Glowatski and Kelly Marie Ellard, […]
Yesterday, Jeremy Barretto canvassed the Supreme Court of Canada’s ("SCC") most recent decision in Apotex Inc v Sanofi-Synthelabo Canada Inc, [2008] 3 SCR 265 [Apotex] concerning selection patents. Since Jeremy already surveyed the facts, procedural history, and analyses of the case, I will focus today on the issue of obviousness, noting some distinctions between the obviousness standard set out […]
On Thursday November 6, 2008 the Supreme Court of Canada ("SCC") released its decision in Apotex Inc v Sanofi-Synthelabo Canada Inc, [2008] 3 SCR 265. This intellectual property case involves a dispute over selection patents between Apotex Inc. ("Apotex"), a generic drug manufacturer, and Sanofi-Synthelabo Canada Inc ("Sanofi") who held the original patent. TheCourt published […]
In recent years, same sex marriage has become one of the hottest legal and political topics worldwide. Latin America is no exception to this rule. Recently, in September 2007, the National Civil Court of Appeals, (“Cámara Nacional de Apelaciones en lo Civil”), rejected an injunction brought by a couple of two women that wanted to […]
The ongoing judicial-parliamentary dialogue over the constitutionality of Canada’s security certificates regime came to a halt this week when the Federal Court refused to consider the latest constitutional challenge on its merits. Almrei v Canada (Citizenship and Immigration), 2007 FC 1025 [Almrei] is the first constitutional challenge to the new amendments to the Immigration and Refugee Protection Act, […]
On Friday the Supreme Court of Canada pronounced on R v JF, [2008] 3 SCR 215, a criminal case concerned with child abuse, manslaughter and inconsistent verdicts. The issue before the Court was whether an accused could, on the one hand, be convicted of criminal negligence for not protecting a child from physical abuse and, […]
On Thursday, October 30, 2008, the Supreme Court of Canada dismissed application for leave to appeal in the case of Tsuu T’ina Nation v Judy Bearchief et al. This Alberta Court of Appeal case looks at whether a First Nations band could obtain or issue a final order for eviction on an Indian reserve for residents […]
Last week, the Supreme Court of Canada ("SCC") handed down R v Pritchard, [2008] 3 SCR 195, upholding the decision of the British Columbia Court of Appeal ("BCCA"). The SCC's ruling in Pritchard adds both nuance and clarity to the relationship between unlawful confinement and murder. David Pritchard was convicted of the first degree murder […]