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Landlord liability: counterfeit merchandise, vicarious liability and aiding and abetting infringement

Sep 7, 2016

As reported previously here, the Federal Court of Appeal earlier this year remitted a decision to the Federal Court to clarify an ambiguity in a judgment issued on summary trial relating to recidivist sale of counterfeit Chanel merchandise.  In the initial decision, the Court had awarded $64,000 in compensatory damages on the basis of four “instances” of infringement, $250,000 in punitive and exemplary damages and $66,000 in costs, jointly and severally against two corporations and an individual, Annie Lam.

B.C. Court of Appeal confirms the scope of section 51(2)(b) of the Evidence Act

Sep 23, 2016

B.C. Court of Appeal confirms the scope of section 51(2)(b) of the Evidence Act: records produced while investigating a physician’s professional conduct at a hospital are barred from production in legal proceedings even if those records are not ultimately produced before or submitted to a quality assurance hospital committee as long as they are produced for the purposes set out in 5.51

Ontario Court of Appeal Clarifies Breadth of Takeover Bid Liability

Sep 13, 2016

Plaintiffs in a claim for misrepresentation in a takeover bid circular in Ontario must choose between an action for rescission or an action for damages; however, an action for damages can be against both the offeror and its directors, among others. In Rooney v. ArcelorMittal S.A.,  the Ontario Court of Appeal reversed a lower court decision that required plaintiffs in an action for damages to choose between suing either the bidder or its directors, but not both. The decision also confirms that a claim against an offeror is only available to securityholders who tendered to the bid.

Recent amendments to the Strata Property Act come into force

Aug 17, 2016

On July 28, 2016, amendments to the Strata Property Act (the “Act”) included in the Natural Gas Development Statutes Amendment Act, 2015 came into force, revising the requirements under the Act for authorizing the winding up of a strata corporation and cancellation of a strata plan.  These changes create new opportunities for the redevelopment of aging strata housing stock in British Columbia.

Take Pride: Celebrating and accommodating inclusion

Jul 29, 2016

There are many reasons for employers to celebrate inclusion this week. A notable development is the amendments made by the Province of British Columbia on July 25th to the BC Human Rights Code to add “gender identity or expression” as a prohibited ground of discrimination.  These amendments provide an opportunity to reflect on inclusiveness in the workplace. 

Update on Amendments to the Property Transfer Tax Act

Jul 26, 2016

The government of British Columbia has introduced Bill 28 – 2016 Miscellaneous Statutes (Housing Priority Initiatives) Amendment Act, 2016 (“Bill 28”) which will amend the Property Transfer Tax Act (British Columbia) (the “Act”) to require that foreign nationals, foreign-controlled corporations and certain trustees, pay an additional 15% property transfer tax (the “Additional Transfer Tax”) when purchasing residential property in the Greater Vancouver Regional District.