Last blog added on Monday, January 13th, 2025

Information About (IP) Law in Canada

Recent Posts

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  • Affidavits and when “spent”

    There is no dispute as to the veracity of the first principle. The real contention lies with the second principle. This principle dictates that there can be no cross-examination on an affidavit which is “spent”. An affidavit is spent where the proceedings in respect to which the affidavit has been f … Read more »

  • Continuing Professional Development (CPD) links

    It’s a new year, so it’s time to start thinking about CPD hours. Ontario lawyers need to do two hours of professionalism. Some free 50-minute courses that can help, can be found here: https://store.lso.ca/cpdassists 2. We previously needed three hours of EDI course work over three years. Some free E … Read more »

  • Hyperlink your court materials

    https://www.canlii.org/en/on/onsc/doc/2021/2021onsc8038/2021onsc8038.html [7]         The parties have lived with this case for five years at this point and the incident in question occurred two years before then.  A judge hearing a summary judgment motion comes to the task with none of that history … Read more »

  • Prove your loss to win an injunction

    Old case. Common sense principle. Still worth noting. … UL has presented no substantive evidence that any market loss which it has suffered or may suffer would be permanent, or that any losses are not calculable. Nor has it presented any substantive evidence that any harm to its goodwill or reputati … Read more »

  • Typically need expert evidence as to breaching the standard of care in a negligence action … but not always.

    [50]           There was nothing to suggest that the solicitor, who at the time had seven years of experience in a mixed practice that included commercial real estate, lacked relevant experience or expertise, or that he adopted any practices or procedures that were inconsistent with the appropriate … Read more »