Recent Blog Posts

What’s In A Label? Trademark Protection and Grey Market Distribution

Sotos LLP

Published June 28, 2018

A recent decision by the Ontario Court of Appeal, Mars Canada Inc. v. Bemco Cash & Carry Inc., confirms the risks associated with unauthorized product distribution (i.e. grey marketing), and strengthens the trademark rights of brand owners. The decision also limits the well-known doctrine of “restraint of trade” which voids contracts that restrict the freedom […]

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Managing risky businesses: Did the customers sign a waiver?

Mohsen Seddigh

Published May 17, 2018

Waivers of liability have found major significance. The Ontario Court of Appeal has ruled that owners and operators of certain businesses can validly obtain a waiver of liability for the injuries of individuals on their premises even if those individuals qualify as “consumers”. Background David and Elizabeth planned to go skiing at resorts north of […]

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Do you rent your home or part of a home to residential tenants?

Louis Alexopoulos

Published April 27, 2018

With the high cost of real estate in the major Ontario markets, and especially in Toronto, many homeowners are taking on tenants to help pay their mortgage and related costs. In addition to complying with local zoning and safety by-laws homeowners should be aware that the Ontario government has made all rental units, regardless of size or location, subject to rent control.

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New CBA Protocol Creates Opportunity to Case-Manage Overlapping Multijurisdictional Class Actions

Mohsen Seddigh

Published February 21, 2018

The current state of overlapping multijurisdictional class actions in Canada is conducive to inefficiencies, chaos, and abuse. A new Canadian Bar Association Protocol creates an opportunity to address overlapping actions. 

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More Clarity and More Uncertainty – The Ontario Court of Appeal Weighs in on the Selling of Franchises without a Site in Hand

Allan Dick

Published January 26, 2018

One Ontario court cast doubt on a franchisor’s ability to do this given the franchisor’s statutory duty to deliver a disclosure document containing all material facts relating to the opportunity before the sale could be effected.  That decision has been overturned by the Ontario Court of Appeal with reasons that provide further clarity to those buying and selling franchises and their advisors as to the availability of remedies for improper disclosure under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000 (the “Act”).

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Building Trust: Establishing An Effective Privacy Policy

Jennifer Kulyk

Published January 22, 2018

Over the last year, high-profile data breaches affecting thousands of Canadians have raised concerns over businesses’ privacy practices. Questions surrounding companies’ handling of personal information are becoming more prominent in the minds of consumers. Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), which governs the privacy practices of many businesses in Canada, sets out personal information handling requirements built on pillars of accountability and consent.

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A New Era For Retail: E-Commerce Comes To Grocery

Marta Jankovic

Published December 19, 2017

Amazon’s acquisition of Whole Foods earlier this year has sparked speculation in the grocery industry about the future of its traditional business model which sees consumers visiting brick and mortar stores. On the heels of Amazon’s announcement, several of Canada’s largest retailers began advertising, and in some cases, rolling out their e-commerce strategies.

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Should you trade-mark your logo, name, or both?

John Yiokaris

Published December 1, 2017

One of the first things people typically do when they come up with a new product or business idea is pick a name. They may go even further and start planning a design logo, packaging, and marketing. Each of these elements can potentially be protected by trademark registrations.

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The Ontario Labour Relations Board: Canada Bread Franchisees Can Unionize

Dixie Ho

Published December 1, 2017

On September 14, 2017, the Ontario Labour Relations Board (the “OLRB”) rendered its decision in the hearing of International Brotherhood of Teamsters v. Canada Bread Company Limited (“Canada Bread”) in which certain Canada Bread franchisees were found to be “dependent contractors” as defined in the Labour Relations Act (“LRA”) and therefore employees of Canada Bread capable of certification. 

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High Time for Canada to bring into force law requiring notification of data breaches

Jean-Marc Leclerc

Published November 27, 2017

In July 2015, the Government of Canada amended the Personal Information Protection and Electronic Documents Act to require companies to disclose data breaches to the Privacy Commissioner of Canada and to affected individuals. The amendments would require companies to disclose breaches “if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to an individual.”

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