Insights

In Ontario and most other Canadian jurisdictions, the losing party in a legal action faces the possibility of being ordered to pay for some or all of the winning party’s legal costs and disbursements. Who gets paid and how much? This is up to the Court to decide.

U.S. civil subpoenas and civil subpoenas from other foreign courts have no legal effect in Canada. Canada is not a signatory to the Hague Convention on the Taking of Evidence Abroad in Civil of Commercial Matters. The only way to compel Canadian evidence in a civil foreign proceeding is to apply for “letters rogatory” or […]

Edward Snowden, the “Heartbleed” computer bug and Sony computer hacks are major news stories that have caused everyone to become sensitive to privacy issues. More than ever, privacy breaches raise major reputational and legal liabilities for all companies. Automobile dealers’ privacy policies and practices are under greater scrutiny. In the U.S., dealerships are increasingly viewed […]

The Canadian Competition Bureau is taking a “keen interest” in patent litigation settlements between brand and generic drug manufacturers.  It has taken the view that such settlements could actually be anti-competitive, competitor collaborations in breach of the Competition Act. Pharmaceutical regulation in Canada In Canada pharmaceutical medicines are federally regulated.  Health Canada regulates both “innovator” […]

Price-fixing conspiracies harm retailers and consumers by forcing them to pay unlawful overcharges on products and services.  The Competition Act, which regulates business conduct throughout Canada, allows retailers and consumers to recover any losses that they suffered as a result of such unlawful conspiracies.  Without this important remedy, retailers and consumers could not obtain compensation […]