LAW Symposia Booklet out 2006

Total Page:16

File Type:pdf, Size:1020Kb

LAW Symposia Booklet out 2006 UNIVERSITY OF VICTORIA FACULTY OF LAW INTERNATIONAL INTELLECTUAL PROPERTY LAW SYMPOSIA INTELLECTUAL PROPERTY IN GLOBAL MAINSTREAM PRACTICE FRIDAY, JULY 14, 2006 SATURDAY, JULY 15, 2006 UBC Robson Square and the Terminal City Club, Vancouver, British Columbia, Canada For detailed and updated information, go to www.ipint.org. St. Peter’s College, University of Oxford and Oxford Intellectual Property Research Centre at St. Peter’s I am pleased to welcome you to the 2006 International Intellectual Property Law Symposium in Vancouver, British Columbia. With links to technology, communications and global commerce, IP law and policy lie at the heart of the information economies of the 21st century. As such, IP issues have become increasingly important both to commercial law generalists, who must be able to identify the scope and effect of these issues within their practice, and ROBERT HOWELL to IP specialists, who are called upon to grapple with advanced aspects of the subject area. This Symposium seeks ACADEMIC DIRECTOR to address the needs of both groups. INTERNATIONAL INTELLECTUAL PROPERTY LAW SUMMER PROGRAM Distinguished speakers from the judiciary, practice, government and academe will discuss contemporary issues PROFESSOR at the cutting edge of IP law development. We are particularly UNIVERSITY OF VICTORIA, FACULTY OF LAW fortunate this year to have Justice Louis LeBel of the Supreme Court of Canada delivering our keynote address. We are also delighted to welcome, among others, recently appointed Professor Robert Howell has been with the Faculty of Law Supreme Court of Canada Justice Marshall Rothstein and at the University of Victoria in British Columbia, Canada Canada’s Competition Commissioner Sheridan Scott. since 1980. He specializes in intellectual property law, private This Symposium is offered as a stand alone event to members international law (conflict of laws), telecommunications law of the legal profession, the judiciary, and others with an and the law and policies concerning the managing and interest in IP law. It also forms part of our six-week marketing of intellectual property and related rights. He has International Intellectual Property Law Summer Program. published nationally and internationally in these fields and This highly successful program is provided jointly by the those of private international law and competition law to the University of Victoria Faculty of Law, St. Peter’s College of extent that these areas concern intellectual property law. the University of Oxford, and the University of Illinois In 1999 he published (with Vincent and Manson) Intellectual College of Law. Now in its fifth year, the program has Property law, Cases and Materials and in 2002 he produced his alternated between Victoria/Vancouver and Oxford. This 2nd edition of “Database Protection and Canadian Law” for summer, we once again welcome our partner institutions the Canadian Federal department of Canadian Heritage. to British Columbia. He is currently completing a text on telecommunications Finally, I wish to offer thanks to our two sponsors, Smart law in Canada including the law as applied to the Internet. & Biggar in Canada and Brinks Hofer Gilson and Lione in He has organized and participated in national and international the United States. These firms have been with us from the conferences and (from 1997) summer Intellectual Property beginning, and their ongoing support has helped make Programs. The current summer International Intellectual possible this exciting endeavour in legal education and Property program has received the Canadian Association of professional development. University Continuing Education (CAUCE) 2002 Award for Enjoy the Symposium. the best international program. Andrew Petter, Q.C. Dean of Law, Victoria, B.C www.law.uvic.ca 1 2 INTERNATIONAL INTELLECTUAL PROGRAM HIGHLIGHTS: PROPERTY LAW PROGRAM Luncheon with Keynote Speech at the Terminal CO-DIRECTORS City Club on IP Law in Global Mainstream Practice, by The Honourable Justice Louis LeBel, Supreme Court of Canada Symposium on Bench & Bar Practice Issues at the Terminal City Club by The Honourable Justice ROBERT HOWELL Marshall Rothstein, Supreme Court of Canada, PROFESSOR, UNIVERSITY OF VICTORIA, The Honourable Judge James F. Holderman, U.S. FACULTY OF LAW Federal District Court, N.D. Illinois (Chicago), and The Honourable Justice Johanne Gauthier, WWW.LAW.UVIC.CA Federal Court of Canada Symposium at UBC Robson Square: JAY KESAN • The Internet, Information & Copyright, including Google’s Grand Plan – Is it Grand ASSOCIATE PROFESSOR, Infringement? and the latest on file sharing UNIVERSITY OF ILLINOIS COLLEGE OF LAW • Trademark Developments: Functionality WWW.LAW.UIUC.EDU and Famous Marks in the Supreme Court and Non-traditional Trademarks • IP and Competition (Anti-Trust) Law, DAVID VAVER including Policy Directions: IP and Competition Law by Sheridan Scott, Chair, PROFESSOR OF INTELLECTUAL PROPERTY Competition Bureau AND INFORMATION TECHNOLOGY LAW, • Databases: Lessons from Europe and UNIVERSITY OF OXFORD Directions for Canada DIRECTOR, OXFORD INTELLECTUAL PROPERTY • Recent Patent Developments in U.S. and RESEARCH CENTRE, ST. PETER’S COLLEGE Canada WWW.SPC.OX.AC.UK WWW.OIPRC.OX.AC.UK www.law.uvic.ca www.ipint.org 3 4 THE HONOURABLE LOUIS LEBEL THE HONOURABLE MARSHALL SUPREME COURT OF CANADA ROTHSTEIN SUPREME COURT OF CANADA July 14, 2006 12:30–2:30 pm July 14, 2006 2:30–5:30 pm KEYNOTE LECTURE “IP Law in Global Mainstream Practice: Influence “Procedures and Practice - An Appellate Perspective” of Extra-Territorial Trends” Justice Rothstein was appointed to the Supreme Court of Justice LeBel was appointed to the Supreme Court of Canada, Canada by the Prime Minister on March 1, 2006 and was January 7, 2000. sworn in on March 9, 2006. Having been a featured speaker in the International Intellectual Property Law summer program since the program began in 2002, we are extremely pleased that Justice Rothstein has agreed to join us again this year. www.scc-csc.gc.ca www.scc-csc.gc.ca 5 6 THE HONOURABLE JUDGE THE HONOURABLE JUSTICE JAMES F. HOLDERMAN JOHANNE GAUTHIER U.S. FEDERAL DISTRICT COURT, FEDERAL COURT OF CANADA N.D. ILLINOIS (CHICAGO) July 14, 2006 2:30–5:00 pm July 14, 2006 2:30–5:00 pm “Specialized IP Courts: Reduced Litigation Costs “Do’s and Don’ts” and Lower Reversals on Appeal?” Judge James F. Holderman has been a United States District Justice Gauthier was appointed Judge of the Federal Court of Judge in Chicago since 1985 and this summer will become Canada, Trial Division and ex officio member of the Federal chief judge of the federal trial courts in Chicago. During his Court of Canada of Appeal, December 11, 2002 and Judge of tenure on the bench, Judge Holderman has presided over the Court Martial Appeal Court of Canada, February 20, numerous cases in all areas of federal jurisdiction, including 2003. Since July 2, 2003, the date of the coming into force of intellectual property cases. Judge Holderman has been an the Courts Administration Service Act, she is now Judge of important part of the International Intellectual Property Law the Federal Court. summer program since the program began in 2002, and we look forward to seeing him again in Victoria this year. www.ilnd.uscourts.gov www.fct-cf.gc.ca 7 8 LOCATION UBC ROBSON SQUARE UBC Robson Square is conveniently located adjacent to the courthouse in downtown Vancouver, close to transit and within walking distance of many of the city's finest hotels, on Robson Street between Hornby and Howe Street. The entrance is located on the Plaza Level and may be accessed by stairways on either side of Robson Street at Howe, SHERIDAN SCOTT or by elevator from the underground parkade. COMMISSIONER OF COMPETITION, COMPETITION BUREAU, CANADA DIRECTIONS BY CAR In Vancouver's downtown core, turn south on Howe Street - a one-way street. Enter Robson Square's underground parkade July 15, 9:00 – 11:00 am at Howe at the corner of Nelson Street. Hourly parking charges apply ($3.00/hr weekdays, $13.00 maximum weekday rate, $3.50 “Policy Directions, IP and Competition Law” evening flat rate and $4.00 all day weekends). There is also Sheridan Scott is Canada's Commissioner of Competition, limited, metered street parking on Howe, Hornby, and Georgia Street. the head of the Competition Bureau. Under the Competition Act, the Commissioner can launch inquiries, intervene as a competition BY PUBLIC TRANSIT advocate before federal and provincial bodies, challenge civil and Burrard and Granville SkyTrain stations are located within merger matters before the Competition Tribunal and make recom- walking distance of UBC Robson Square. Buses stop near mendations on criminal matters to the Attorney General of Canada. Robson Square on Burrard, Georgia, and Howe Streets. Before joining the Competition Bureau in January 2004, Ms. Scott Visit the Translink website at www.translink.bc.ca to plan was Chief Regulatory Officer of Bell Canada, responsible for your route. overseeing all activities involving the CRTC, the Copyright Board TERMINAL CITY CLUB and the Competition Bureau on behalf of Bell Canada, Bell Mobility and Bell ExpressVu. Ms. Scott previously served as Vice President - Approximately four blocks from Robson Square, the Terminal City Club is located at 837 West Hastings Street. Office of the President and Vice President, Multimedia Law & For those attending the full conference, travel time has been Regulation at Bell Canada. From 1992 to 1994, Ms. Scott worked scheduled to allow for the short walk or cab ride from Robson as Assistant Vice-President, Planning and Corporate Development Square to the luncheon and afternoon symposium. These will and Vice-President of Planning and Regulatory Affairs at the be held in the Ferguson Ballroom at the Terminal City Club. Canadian Broadcasting Corporation. From 1983 to 1992, she Visit the club's website at www.tcclub.com for additional worked as Legal Counsel and Senior Legal Counsel at the CRTC information and a virtual tour of the facilities.
Recommended publications
  • ADMINISTRATIVE LAW REPORTS Fifth Series/Cinqui`Eme S´Erie Recueil De Jurisprudence En Droit Administratif
    ADMINISTRATIVE LAW REPORTS Fifth Series/Cinqui`eme s´erie Recueil de jurisprudence en droit administratif VOLUME 91 (Cited 91 Admin. L.R. (5th)) EDITORS-IN-CHIEF/REDACTEURS´ EN CHEF David Phillip Jones, Q.C., Anne S. de Villars, Q.C., C. ARB., B.A.(HONS.) (MCGILL),C. ARB., B.SC. (HONS.) (SOUTHAMPTON), B.C.L., M.A.(OXON.) LL.B.(ALBERTA) de Villars Jones Barristers and Solicitors Edmonton, Alberta QUEBEC EDITOR/REDACTEUR´ POUR LE QUEBEC´ Denis Lemieux, LL.L., D. EN D. Facult´e de droit, Universit´e Laval Qu´ebec, Qu´ebec ASSOCIATE EDITOR/REDACTEUR´ ADJOINT Andrew J. Roman, B.A.(MCGILL), LL.B.(OSGOODE HALL) Miller, Thomson Toronto, Ontario ADMINISTRATIVE LAW REPORTS, a national series of topical law re- Recueil de jurisprudence en droit administratif, une s´erie nationale de ports, is published 12 times per year. Subscription rate $482.00 per bound recueils de jurisprudence sp´ecialis´ee, est publi´e 12 fois par ann´ee. volume including parts. Indexed: Carswell’s Index to Canadian Legal L’abonnement est de 482 $ par volume reli´e incluant les fascicules. Indexa- Literature. tion: Index a` la documentation juridique au Canada de Carswell. Editorial Offices are also located at the following address: 430 rue St. Pierre, Le bureau de la r´edaction est situ´e a` Montr´eal — 430, rue St. Pierre, Mon- Montr´eal, Qu´ebec, H2Y 2M5. tr´eal, Qu´ebec, H2Y 2M5. ________ ________ © 2015 Thomson Reuters Canada Limited © 2015 Thomson Reuters Canada Limit´ee NOTICE AND DISCLAIMER: All rights reserved. No part of this publica- MISE EN GARDE ET AVIS D’EXONERATION´ DE RESPON- tion may be reproduced, stored in a retrieval system, or transmitted, in any SABILITE´ : Tous droits r´eserv´es.
    [Show full text]
  • CANADIAN MILITARY LAW SENTENCING UNDER the NATIONAL DEFENCE ACT." PERSPECTIVES and MUSINGS of a FORMER SOLDIER Colonel (Ret.) Me Michel W
    39 1 CANADIAN MILITARY LAW SENTENCING UNDER THE NATIONAL DEFENCE ACT." PERSPECTIVES AND MUSINGS OF A FORMER SOLDIER Colonel (Ret.) Me Michel W. Drapeau' Ottawa The Canadian Charter ofRights and Freedoms recognizes the existence of the militaryjustice system and its own tribunals operating in parallel to the Canadian criminal law system. Yet, there continues to be an absolutepaucity of any reference works on military law and members of the Canadian military bar are seldom heard or read. This article aims atfilling the void, at least in part. In writing this article, the author, who servedfor 34 years in general staff and command positions in the Canadian Forces, had two general purposes in mind: a) to present the general reader with a general overview ofthe history, customs, organization, and structure ofthe military personnel system, and b) to provide a reference work presenting a detailed view ofthe Code ofMilitary Discipline, both in its contents and its workings. Finally, in light ofthe extensive changes in 1999 to the National Defence Act and the accompanying regulations, the author concludes by reviewing the nature and impact of each of the punishments that may be imposed by a military tribunal or the Court Martial Appeal Court ofCanada to those who are subject to the Code ofService Discipline. La Charte canadienne des droits et libertés reconnaît la eo-existence d'un système de justice militaire avec ses propres tribunaux en parallèle avec le droit pénal canadien. Cependant, même si de nombreux livres ont décrit et interprété l'histoire militaire canadienne, il existe présentement aucun ouvrage sur le droit militaire et les praticiens de ce droit se font que très rarement entendre.
    [Show full text]
  • Federal Court of Appeal Cour D'appel Fédérale
    Federal Court of Appeal Cour d'appel fédérale Date: 20110308 Docket: A-175-10 Citation: 2011 FCA 83 CORAM: LÉTOURNEAU J.A. NOËL J.A. TRUDEL J.A. BETWEEN: EASTON SPORTS CANADA INC. Appellant and BAUER HOCKEY CORP. and NIKE INTERNATIONAL LIMITED Respondents Heard at Montréal, Quebec, on January 24, 2011. Judgment delivered at Ottawa, Ontario, on March 8, 2011. REASONS FOR JUDGMENT BY: NOËL J.A. CONCURRED IN BY: LÉTOURNEAU J.A. TRUDEL J.A. Federal Court of Appeal Cour d'appel fédérale Date: 20110308 Docket: A-175-10 Citation: 2011 FCA 83 CORAM: LÉTOURNEAU J.A. NOËL J.A. TRUDEL J.A. BETWEEN: EASTON SPORTS CANADA INC. Appellant and BAUER HOCKEY CORP. and NIKE INTERNATIONAL LIMITED Respondents REASONS FOR JUDGMENT NOËL J.A. [1] We have before us an appeal and a cross-appeal from a judgment of Gauthier J. of the Federal Court (the Trial Judge), wherein she held that Easton Sports Canada Inc. (Easton) infringed Canadian Patent No. 2302935 (the ‘953 Patent) which relates to a skate boot. The Trial Judge also concluded that Easton induced a third party manufacturer, Les Chaussures Rock Forest Inc. (Rock Forest), to infringe the ‘953 Patent. Page: 2 [2] In support of its appeal, Easton submits that the Trial Judge erred in failing to find that the ‘953 Patent is invalid based on obviousness and anticipation. In the alternative, Easton submits that the Trial Judge’s conclusion that it induced Rock Forest to infringe the ‘953 Patent was reached in error. [3] In support of its cross-appeal, Bauer Hockey Corp.
    [Show full text]
  • Report of the Subcommittee on Global Review of the Federal Courts Rules
    Subcommittee on Global Review of the Federal Courts Rules Le sous-comité sur l’examen global des Règles des Cours fédérales Report of the Subcommittee Justice David Stratas (Chair of the Subcommittee) ● Chantelle Bowers (Secretary to the Subcommittee) Andrew Baumberg ● Professor Denis Ferland ● Justice Johanne Gauthier ● Justice Roger Hughes ● Peter Hutchins Robert MacKinnon ● John Morrissey ● Justice Donald Rennie ● Cecily Strickland ● Prothonotary Mireille Tabib ● Professor Janet Walker Subcommittee on Global Review of the Federal Courts Rules Le sous-comité sur l’examen global des Règles des Cours fédérales October 16, 2012 To the Rules Committee: We are pleased to present our report. Our report consists of eight parts. At the end of many of these parts, we set out findings and recommendations. In all, we have made 26 findings and recommendations. The subcommittee is unanimous or nearly unanimous on each. For your convenience, a complete list of our findings and recommendations – in effect, an executive summary of this report – appears at the end of this report. Respectfully submitted for your consideration, The subcommittee - i - Index PART I – Background.................................................................................1 Origin of the subcommittee............................................................. 1 Composition of the subcommittee................................................... 2 Mandate of the subcommittee......................................................... 2 How the subcommittee discharged its mandate
    [Show full text]
  • Rapport Annuel 2013-2014
    [2013.14] RAPPORT ANNUEL LES PRIX LE BARREAU 2 LA PROFESSION 12 LE PUBLIC 50 ET HOMMAGES 56 Le Conseil 3 Les comits 13 Les activits 51 Le rapport Les activits 42 Les services 54 du btonnier 4 Les services 48 Le rapport de la directrice gnrale 6 SOMMAIRE LA MISSION Promouvoir la protection du public, par des activits d'information et de sensibilisation et par une participation active l'administration de la justice. 1 BARREAU BARREAU DE 1 MONTRÉAL LE BARREAU DE MONTRAL Compos de plus de 13 500 avocats, le Barreau de Montral est l'un des plus grands barreaux du monde et le deuxime barreau francophone en importance. Comptant plus de 160 ans d'histoire, il fait figure de proue dans la recherche de l'excellence en matire d'thique et de comptence. LES MEMBRES DU CONSEIL DE GAUCHE Ë DROITE : Me Doris Larrive, directrice gnrale, Me Philippe Dcary, conseiller, Me Nancy Cleman, trsorire, Me Simon Tremblay, conseiller, Me Marie-France Veilleux, conseillre, Me Luana Ann Church, reprsentant l'Association du Jeune Barreau de Montral (et Annette), Monsieur le btonnier Luc Deshaies, Me Nathalie Chalifour(1), conseillre, Me Marie Cousineau, secrtaire, Me liane B. Perreault(2), conseillre, Me Laurent Soustiel, conseiller (et Marcel), Me Magali Fournier, conseillre et Me Tiberiu Hollnder, conseiller. N'apparat pas sur cette photo : Me Greg Moore, premier conseiller. (1) Jusqu'à sa nomination comme juge à la Cour du Québec le 29 janvier 2014. (2) Jusqu'à sa nomination comme juge à la Cour supérieure le 17 décembre 2013. 2 - 3 BARREAU DE MONTRÉAL LE RAPPORT DU BåTONNIER Chères consœurs, Chers confrères, Nous avons amorcé l’année, le 8 mai dernier, avec un Conseil composé de sept femmes et six hommes, une première dans les 160 ans d’histoire du Barreau de Montréal.
    [Show full text]
  • 2013 Fca 186 Coram: Noël Ja Pelletier Ja Gauthier Ja
    Date: 20130724 Docket: A-7-12 Citation: 2013 FCA 186 CORAM: NOËL J.A. PELLETIER J.A. GAUTHIER J.A. BETWEEN: SANOFI-AVENTIS Appellant and APOTEX INC. Respondent BETWEEN: SANOFI-AVENTIS and BRISTOL-MYERS SQUIBB SANOFI PHARMACEUTICALS HOLDING PARTNERSHIP Appellants and APOTEX INC. APOTEX PHARMACHEM INC. and SIGNA SA de CV Respondents Page: 2 Heard at Toronto, Ontario, on January 28, 2013. Judgment delivered at Ottawa, Ontario, on July 24, 2013. REASONS FOR JUDGMENT BY: PELLETIER J.A. CONCURRED IN BY: NOËL J.A. CONCURRING REASONS BY: GAUTHIER J.A. Date: 20130724 Docket: A-7-12 Citation: 2013 FCA 186 CORAM: NOËL J.A. PELLETIER J.A. GAUTHIER J.A. BETWEEN: SANOFI-AVENTIS Appellant and APOTEX INC. Respondent BETWEEN: SANOFI-AVENTIS and BRISTOL-MYERS SQUIBB SANOFI PHARMACEUTICALS HOLDING PARTNERSHIP Appellants and APOTEX INC. APOTEX PHARMACHEM INC. and SIGNA SA de CV Respondents Page: 2 REASONS FOR JUDGMENT PELLETIER J.A. INTRODUCTION: [1] Plavix is a very successful anti-coagulant drug which was developed, patented, and marketed by the appellant, Sanofi-Aventis (Sanofi). Apotex Inc. (Apotex), a well known manufacturer and distributor of generic drugs, attempted to create and market its own version of the active ingredient in Plavix, clopidogrel bisulfate (clopidogrel). It applied for a Notice of Compliance from the Minister of Health, alleging that its version of clopidogrel did not infringe Sanofi’s patent which, it alleged, was invalid in any event for a number of reasons, including obviousness. Sanofi responded by applying to the Federal Court for an order prohibiting the Minister from issuing the Notice of Compliance to Apotex.
    [Show full text]
  • 2001 CMI Yearbook .Pdf 1.97 MB
    YEARBOOK 2001 ANNUAIRE CMI YEARBOOK 2001 3 Table of contents TABLE OF CONTENTS PART I - Organization of the CMI PAGE NO. Constitution 10 Rules of Procedure 28 Guidelines for proposing the election of Titulary and Provisional Members 31 Headquarters of the CMI 32 Members of the Executive Council 32 President ad Honorem and Honorary Vice Presidents 34 Management Functions 35 Member Associations 39 Temporary Members 82 Members Honoris Causa 83 Titulary Members 83 Consultative Members 111 PART II - The Work of the CMI CMI 37th Conference Singapore 11-17 February 2001 Officers of the Conference 119 List of Attendance 120 Opening Session - Opening speech of the President of the CMI 171 - Address by Prof. David J. Attard, Director, IMLI 175 - Opening address by Prof. S. Jayakumar, Minister for Law and Minister for Foreign Affairs 177 Agenda of the Conference 181 Issues of Transport Law - Report of Committee A 182 - Resolution of the Conference 188 4 CMI YEARBOOK 2001 Table of contents Marine Insurance - Discussion Paper 189 - Report to the Plenary Session 203 - Resolution of the Conference 211 General Average - Report to the Plenary Session by the International Working Group 212 - Resolution of the Conference 213 Model National Law on Acts of Piracy and Maritime Violence - Report on the Conference Session 214 - Resolution of the Conference 223 Implementation and Interpretation of the 1976 LLMC Convention - Report of the Working Group 224 - Resolution of the Conference 230 - Report to IMO 231 Passengers Carried by Sea - Limitation against passenger
    [Show full text]
  • Yearbook 2009 Annuaire
    YEARBOOK 2009 ANNUAIRE ATHENS II Documents of the Conference TABLE OF CONTENTS PART I - Organization of the CMI PAGE NO. Constitution 8 Rules of Procedure 34 Guidelines for proposing the election of Titulary and Provisional Members 37 Headquarters of the CMI 38 Members of the Executive Council 38 Honorary Officers 43 Standing Committees 45 International Working Groups 46 International Sub-Committees 46 Member Associations 47 Temporary Members 91 Members Honoris Causa 92 Titulary Members 92 Consultative Members 119 PART II - The work of the CMI I ADDITIONAL DOCUMENTS FOR THE ATHENS CONFERENCE PROCEDURAL RULES RELATING TO LIMITATION OF LIABILITY IN MARITIME LAW 124 Letter of Gregory Timagenis dated October 1st, 2008 enclosing: – the actual text of the Draft Guidelines and 126 – a Digest of the comments by the National Associations 134 II CONFERENCE DOCUMENTS OPENING OF THE 39TH CMI CONFERENCE Speech of the President of the CMI, Jean-Serge Rohart 153 CMI YEARBOOK 2009 3 Table of contents PLACES OF REFUGE Introduction by the Chairman, by Stuart Hetherington 158 Annex 1: Policies of the United States Coast Guard and national response team, by Lizabeth L. Burrell 163 Annex 2: An Instrument on Places of Refuge From a Ports’ Perspective, by Frans van Zoelen 181 Annex 3: Places of Refuge for Ships in Distress - the P & I Insurer’s perspective, by Andrew Bardot 196 Annex 4: Places of refuge, by Archie Bishop 201 Annex 5: Places of Refuge, by Fritz Stabinger 204 Annex 6: Notes on Clauses of Draft Instrument on Places of Refuge, by Richard Shaw 208
    [Show full text]
  • CANADIAN CASES on EMPLOYMENT LAW Fourth Series/Quatri`Eme S´Erie Recueil De Jurisprudence Canadienne En Droit Du Travail
    CANADIAN CASES ON EMPLOYMENT LAW Fourth Series/Quatri`eme s´erie Recueil de jurisprudence canadienne en droit du travail VOLUME 10 (Cited 10 C.C.E.L. (4th)) EDITOR-IN-CHIEF/REDACTEUR´ EN CHEF M. Norman Grosman, B.SC., LL.B. Grosman, Grosman & Gale LLP Toronto, Ontario ASSISTANT EDITORS/ADJOINTS A` LA REDACTION´ Robert Bonhomme, D.E.C., B.L.L. Michael J. Weiler, B.A., LL.B. Heenan Blaikie LLP Boughton Law Corporation Montr´eal, Qu´ebec Vancouver, British Columbia Malcolm J. MacKillop, B.A., LL.B. Matthew L.O. Certosimo, B.A.(HONS.), Shields O’Donnell MacKillop LLP LL.B. Toronto, Ontario Borden Ladner Gervais Toronto, Ontario Magali Cournoyer-Proulx, D.E.C., LL.B. Heenan Blaikie LLP Montr´eal, Qu´ebec CARSWELL EDITORIAL STAFF/REDACTION´ DE CARSWELL Cheryl L. McPherson, B.A.(HONS.) Director, Primary Content Operations / Directrice des activit´es li´ees au contenu principal Catherine Bennett, B.A., LL.B., LL.M. Product Development Manager Nicole Ross, B.A., LL.B. Andrea Andrulis, B.A., LL.B., LL.M. Supervisor, Legal Writing Acting Supervisor, Legal Writing Mike MacInnes, B.A.(HONS.), LL.B. Jocelyn Cleary, B.A.(HONS.), LL.B. Lead Legal Writer Senior Legal Writer Stephanie Hanna, B.A., M.A., LL.B. Lisa Rao, B.SC., LL.B. Senior Legal Writer Senior Legal Writer Amanda Stewart, B.A.(HONS.), LL.B. Martin-Fran¸cois Parent, LL.B., LL.M., Senior Legal Writer DEA (PARIS II) Bilingual Legal Writer Melissa Dubien Content Editor Torrance v. Canada (Attorney General) 169 [Indexed as: Torrance v. Canada (Attorney General)] Attorney General of Canada Appellant and Rodney Torrance Respondent Federal Court of Appeal Docket: A-514-12 2013 FCA 227 Marc Nadon, J.D.
    [Show full text]
  • Federal Court Cour Fédérale
    Federal Court Cour fédérale Date: 20110712 Docket: T-83-10 Citation: 2011 FC 859 Ottawa, Ontario, July 12 , 2011 PRESENT: The Honourable Justice Johanne Gauthier BETWEEN: SANOFI PASTEUR LIMITED Applicant and ATTORNEY GENERAL OF CANADA Respondent AMENDED CONFIDENTIAL REASONS FOR JUDGMENT AND JUDGMENT [1] The applicant, Sanofi Pasteur Limited [Sanofi] seeks judicial review of part of the decision of the Patented Medicines Prices Review Board [the Board] 1 dealing with the remedy granted with respect to the excessive prices it charged between 2002 and 2006 that is a payment in the amount of $2,512,878.74 to Her Majesty the Queen pursuant to subsection 83(2) of the Patent Act , RSC 1985, c P-4 [the Act ]. 1 Original decision issued December 21, 2009, amended on March 1, 2010 and implemented by order issued March 16, 2010. Page: 2 [2] The applicant raised several issues which, for reasons described below, are not founded, such as: a. That the Board erred by imposing a penalty pursuant to subsection 83(2) of the Act , b. That it fettered its discretion by relying blindly upon the Compendium of Guidelines, Policies and Procedures [the Guidelines] and past Board decisions with respect to the offsetting of excess revenues in the context of subsection 83(2) of the Act . [3] It also argued that the Board had abused its power under subsection 83(2) of the Act by ignoring the evidence and the particular circumstances of its case and making findings that are based on pure speculation. It was agreed that these issues are to be reviewed on the reasonableness standard.
    [Show full text]
  • Date: 20130724 Docket: A-7-12 Citation: 2013 FCA 186 CORAM
    Date: 20130724 Docket: A-7-12 Citation: 2013 FCA 186 CORAM: NOËL J.A. PELLETIER J.A. GAUTHIER J.A. BETWEEN: SANOFI-AVENTIS Appellant and APOTEX INC. Respondent BETWEEN: SANOFI-AVENTIS and BRISTOL-MYERS SQUIBB SANOFI PHARMACEUTICALS HOLDING PARTNERSHIP Appellants and APOTEX INC. APOTEX PHARMACHEM INC. and SIGNA SA de CV Respondents Page: 2 Heard at Toronto, Ontario, on January 28, 2013. Judgment delivered at Ottawa, Ontario, on July 24, 2013. REASONS FOR JUDGMENT BY: PELLETIER J.A. CONCURRED IN BY: NOËL J.A. CONCURRING REASONS BY: GAUTHIER J.A. Date: 20130724 Docket: A-7-12 Citation: 2013 FCA 186 CORAM: NOËL J.A. PELLETIER J.A. GAUTHIER J.A. BETWEEN: SANOFI-AVENTIS Appellant and APOTEX INC. Respondent BETWEEN: SANOFI-AVENTIS and BRISTOL-MYERS SQUIBB SANOFI PHARMACEUTICALS HOLDING PARTNERSHIP Appellants and APOTEX INC. APOTEX PHARMACHEM INC. and SIGNA SA de CV Respondents Page: 2 REASONS FOR JUDGMENT PELLETIER J.A. INTRODUCTION: [1] Plavix is a very successful anti-coagulant drug which was developed, patented, and marketed by the appellant, Sanofi-Aventis (Sanofi). Apotex Inc. (Apotex), a well known manufacturer and distributor of generic drugs, attempted to create and market its own version of the active ingredient in Plavix, clopidogrel bisulfate (clopidogrel). It applied for a Notice of Compliance from the Minister of Health, alleging that its version of clopidogrel did not infringe Sanofi’s patent which, it alleged, was invalid in any event for a number of reasons, including obviousness. Sanofi responded by applying to the Federal Court for an order prohibiting the Minister from issuing the Notice of Compliance to Apotex.
    [Show full text]
  • BRIEF of AUTHORITIES of the CANADIAN CANCER SOCIETY (Returnable October 2, 2019)
    Court File No. CV-19-615862-OOCL Court File No. CV-19-616077-OOCL Court File No. CV-19-616779-OOCL ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST IN THE MATTER OF THE COMPANIES'CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF JTI-MACDONALD CORP. AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF IMPERIAL TOBACCO CANADA LIMITED AND IMPERIAL TOBACCO COMPANY LIMITED AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF ROTHMANS,BENSON &HEDGES INC. Applicants BRIEF OF AUTHORITIES OF THE CANADIAN CANCER SOCIETY (Returnable October 2, 2019) September 24, 2019 FOGLER,RUBINOFF LLP Suite 3000, P.O. Box 95 Toronto-Dominion Centre 77 King Street West Toronto, Ontario MSK 1 G8 Vern W. Dane(LSO# 32591E) Tel: 416-941-8842 Fax: 416-941-8852 Email: vdaren~lers.coin CANADIAN CANCER SOCIETY 116 Albert Street, Suite 500 Ottawa, ON K 1 P 5G3 Robert Cunningham (LSO# 35179L) Tel: 613-565-2522 ext. 4981 Fax: 613-565-2278 Email: rcunnin~ cr,cancer.ca Lawyers for Canadian Cancer Society TO: THE COMMON SERVICE LIST Court File No. 19-CV-615862-OOCL Court File No. 19-CV-616077-OOCL Court File No. 19-CV-616779-OOCL ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) IN THE MATTER OF THE COMPANIES' CREDITORS ARRANGEMENTACT, R.S.C. 1985, c. C-36, AS AMENDED AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF JTI-MACDONALD CORP. AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF IMPERIAL TOBACCO CANADA LIMITED AND IMPERIAL TOBACCO COMPANY LIMITED AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF ROTHMANS,BENSON &HEDGES INC.
    [Show full text]