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Consumer protection

Dodge City Auto: Consumer Protection and Exemplary Damages

On May 19, 2005, the Supreme Court of Canada ("SCC") delivered an interesting decision in a case relating to damages and costs within the context of consumer protection issues. Prebushewski v Dodge City Auto (1984) Ltd., [2005] 1 SCR 649, examines s. 65 of the The Consumer Protection Act, SS 1996, c C-30.1 [Saskatchewan Consumer […]

The Death Knell to Loan Sharks by the Supreme Court of Japan: Excessive interest payments held to be returned to borrowers with statutory interest

On July 13, 2007, the Supreme Court of Japan held in two cases that consumer-loan companies return not only excessive payments of unlawful interest to borrowers but also to pay the statutory interest that accrued from the excessive payments, because the consumer-loan companies were found to be bad faith beneficiaries of unjust enrichment. Japanese courts […]

Famous Brand Names and the Curbing of Trademark Sprawl: Mattel and Veuve Clicquot

In light of The Court's recent encounter with trademark laws, this seems an apt time to review the Supreme Court of Canada's ("SCC") update on trademark laws in this country as found in two recent cases, Mattel, Inc v 3894207 Canada Inc, 2006 SCC 22 [Mattel], and Veuve Clicquot Ponsardin v Boutiques Cliquot Ltée, 2006 SCC 23 [Veuve Clicquot]. […]