Dr. Heidi Gardner: 6 tips for smarter corporate collaboration

  • Post category:BLG law firm
  • Reading time:7 mins read

You’ve likely heard collaboration categorized as a “soft skill.” Distinguished Harvard Fellow and award-winning author, Dr. Heidi Gardner, says that’s not true. Dr. Gardner was in Toronto for BLG’s smarter collaboration session, sharing the stage with Patrice Walch-Watson, senior managing director, general counsel and corporate secretary for Canadian Pension Plan…

Five Year non-competition covenant in Canada: Reasonable

  • Post category:BLG law firm
  • Reading time:4 mins read

Non-competition covenants are regularly included in commercial agreements related to the purchase of a business and are critical in ensuring that the vendor of a business does not compete following the sale. However, even in commercial agreements, to be enforceable, non-competition covenants must be reasonable in geographic scope, length of…

Canada – New OPC guidance Privacy in the workplace

  • Post category:BLG law firm
  • Reading time:5 mins read

On May 29, 2023, the Office of the Privacy Commissioner of Canada (OPC) released new guidance on employee privacy rights in the workplace (the Guidance). The Guidance considers the balance between respecting employee workplace privacy while also recognizing that, under certain circumstances, employers may have a legitimate need to monitor…

Stopping counterfeit goods at the Canadian Border

  • Post category:BLG law firm
  • Reading time:4 mins read

Owners of intellectual property rights (the owner) should keep in mind the measures provided for in the Trademarks Act and the Copyright Act (collectively, the Acts) intended to address the importation and exportation of counterfeit goods in Canada as part of their enforcement toolbox. This can include if the conditions…

Accounting of profits remedy for patent infringement in Canada

  • Post category:BLG law firm
  • Reading time:7 mins read

What you need to know The SCC dismissed Nova Chemicals Corp.’s (Nova) appeal in an 8-1 decision. This case considered accounting of profits as a remedy for patent infringement and provided some much-needed guidance on how to determine if a non-infringing option exists, and whether to use it in the…

SCC decision confirms that certain “counter-speech” is deserving of protection

  • Post category:BLG law firm
  • Reading time:10 mins read

The Supreme Court of Canada recently considered the statutory test to dismiss strategic lawsuits against public participation (SLAPPs) under British Columbia’s Protection of Public Participation Act, S.B.C. 2019, c. 3 (PPPA). On May 19, 2023, the Court released its long-anticipated decision in Hansman v Neufeld, 2023 SCC 14. In a…

Supreme Court of Canada issues much-anticipated decision on GAAR

  • Post category:BLG law firm
  • Reading time:7 mins read

On Friday, May 26, 2023, the Supreme Court of Canada (SCC or the Supreme Court) dismissed the taxpayer’s appeal in Deans Knight Income Corp. v Canada, 2023 SCC 16 (Deans Knight). This much-anticipated decision deals with the general anti-avoidance rule (GAAR) in section 245 of the Income Tax Act1 (Act). The GAAR,…