Civil Litigation
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April 02, 2025
New trademark law changes aimed at improving dispute resolution, preventing abuse
Canadian companies are facing a changed trademark landscape starting this month with the coming into force on April 1 of amendments to the Trademark Act.
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April 02, 2025
Canadian Judicial Council weighs in on what not to say from the bench
A trial judge who vented his frustrations in court during “a particularly bad day” has been rebuked by the federal judicial council for disrespectful and hurtful comments he made from the bench that publicly belittled and humiliated a litigant.
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April 02, 2025
Nova Scotia strengthens support for Black, Indigenous impacted by gender-based violence
Indigenous and Black victims of gender-based violence in Nova Scotia will be given increased support from the province’s government.
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April 02, 2025
Nova Scotia court refuses another ‘kick at the can’ for unsuccessful family law litigant
Family law litigation is emotionally exhausting and financially draining. Courts of Appeal across Canada, including the Supreme Court of Canada, have made it clear that once a trial decision is released, unsuccessful litigants will not have easy access to relief in the Courts of Appeal. Absent the trial judge making a material error, a serious misapprehension of the evidence or an error in law, Courts of Appeal will defer to and will not interfere with a trial judge’s decision.
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April 01, 2025
Federal Court sets aside Fisheries Department decision to cut 2023 juvenile eel fishing quotas
The Federal Court has overturned a federal government decision to cut the elver (juvenile eel) fishing quotas of eight licence holders by 13.7 per cent for the 2023 season, ruling that the department of fisheries (DFO) violated procedural fairness by not consulting the licence holders as it had previously promised.
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April 01, 2025
Ontario Hospital Association allowed intervener status in appeal involving hospital cyberattack
The Ontario Superior Court of Justice’s Divisional Court has granted intervener status to the Ontario Hospital Association (OHA) in an appeal related to the Ontario information and privacy commissioner's notification obligations following a cyberattack.
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April 01, 2025
Oatley Vigmond adds new associate
Fiona Tobin has joined Oatley Vigmond as an associate.
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April 01, 2025
Just when you thought you were safe from having employment contract termination provision upheld
Following the 2024 decision in Dufault v. Ignace (Township), 2024 ONSC 1029, the decision in Baker v. Van Dolder’s Home Team Inc., 2025 ONSC 952 has further contributed to employers having an unpeaceful and uneasy feeling in their gastrointestinal tracts.
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April 01, 2025
Stomping out the competition: Can shoes be art?
Recently, the makers of iconic footwear from the 1970s and ’80s, including Birkenstock and Crocs, have been trying to extend protection for their footwear past the expiry of rights arising from industrial designs.
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April 01, 2025
Law schools, students need to prep for AI in profession: scholar
With the increased use of artificial intelligence in the legal profession, law schools need to consider new forms of education and a revamp in guidance when it comes to students’ career paths, says a scholar.