Articles 2021

Summary of a case where the defendant was ordered to pay the plaintiff's costs of the pre-trial conference.

Cases this week include 704604 Ontario Ltd. v. Pointes Protection Association, as well as a case stemming from a series of tweets; one that focused on Facebook postings; another involving a doctor who sued a lawyer who posted an email on the Ontario Trial Lawyers Association “Listserv”; an action based on an internet post; and a case about a political candidate who had a 25-year-old criminal conviction.

In Mohamed v. Information Systems Architects Inc., the Ontario Court of Appeal held that a party's otherwise unfettered right to terminate a contract is constrained by its obligation to perform the contract in good faith. Contracting parties will want to consider potential implications of the duty of good faith when attempting to exercise discretionary rights, including the right to terminate for convenience.

An update on what the Supreme Court of Canada has been doing so far this year and a preview of what we can expect for the balance of the year.

This article discusses the importance of trademarks in the Federal government’s new IP Strategy. While patents are the primary focus, far more Canadian small businesses own valuable trademarks than own rights in patentable inventions. Helping small businesses to identify, protect and enforce rights in their trademarks will be key to the IP Strategy’s success.

This article explores the exciting new age of social media and the implications for intellectual property rights. Social media presents great opportunities for individuals and corporations but must be managed appropriately in order to minimize the legal risks surrounding its use.

When we think of ADR, most practitioners see themselves as working face–to-face with their clients. However on-line dispute resolution (ODR) technologies are quickly becoming part of the “new” mainstream. Our clients, influenced by new on-line tribunals, will demand ODR services. Colin and Colm Brannigan argue that we must learn to “race with the machine” in order to remain competitive in what will soon be a very different marketplace.