In May, the Supreme Court of Canada heard arguments in the case of R. v. Gomboc, an appeal that came to the Court by way of the Alberta Court of Appeal (2009 ABCA 276). The accused, Daniel James Gomboc, was convicted at trial of producing marijuana and possession of marijuana for the purpose of trafficking. […]
On June 28, 2010, the US Supreme Court released its reasons in Bilski et al. v. Kappos, No.08-964 545 F. 3d 943 (PDF link) (“Bilski”). The case was widely followed, in particular, by intellectual property firms, as a decision widely favouring business method patents could have had serious ramifications on the patenting practices of future […]
The Tranchemontagne series of cases have received some previous attention on this site. In this note, however, I want to focus on one of the more significant, if understudied, aspects of the 2009 Ontario Disability Support Program v. Tranchemontagne Ontario Divisional Court decision. [1] In this decision the Court directly addresses a growing trend in […]
The Ontario Court of Appeal has charted a practical middle ground for cases that do not meet the threshold for substantial indemnity but still warrant a significant cost award. On August 30, 2010, the Court of Appeal unanimously decided in Keam v. Caddey, 2010 ONCA 565 to reprimand a litigating party for failure to participate […]
The Canadian government has had mixed results lately in defending itself against NAFTA claims. Recently, Canada agreed to provide compensation in the amount of $130 million to settle the claim of AbitibiBowater Inc. (“Abitibi”). TheCourt.ca commented on this settlement, and given that the actions of the Government of Newfoundland were so clearly in contravention of […]
In the spirit of increased collegiality and collaboration within the Canadian legal blogging community, LawisCool.com and TheCourt.ca have set aside their heated rivalry to bring you their first ever joint posting. What follows is a commentary on the interesting case of Piedra v. Copper Mesa Mining Corporation, 2010 ONSC 2421. Commentator for LawisCool.com: Omar Ha-Redeye, […]
Technology giant Microsoft Corp. has made one last-ditch effort to defend a decade-long patent infringement lawsuit against a small Canadian software company, i4i Inc. Last week, Microsoft filed a petition (PDF link) with the US Supreme Court asking for a final resolution to the dispute. In the suit, i4i alleges that Microsoft used the small […]