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Contracts

EU Aims To Harmonize Contract Law Across Member States

EU Aims To Harmonize Contract Law Across Member States

Matt Lonsdale is a graduate of the Schulich School of Law at Dalhousie University. European Union contract law may receive a shot in the arm next October, if Viviane Reding, EU Justice Commissioner and Vice-President of the European Commission, makes good on her promise to introduce a legislative proposal for a new legal instrument aimed […]

Government Agencies Retaining IP Rights In Violation Of Stated Policy

Government Agencies Retaining IP Rights In Violation Of Stated Policy

Matt Lonsdale is a graduate of the Schulich School of Law at Dalhousie University. A recent report claims that in 2009, 59% of the intellectual property rights in the work product of contractors hired by Canadian government agencies were retained by the agencies themselves. This is a departure from the goals of a government policy […]

Scassa Gives Rave Review for D’Agostino’s Book on Copyright

Scassa Gives Rave Review for D’Agostino’s Book on Copyright

Danny Titolo is a JD candidate at Osgoode Hall Law School. “Informing”, “well written”, “insight[ful]”, and “important contribution” (p. 93) are just a few of the words used by Professor Teresa Scassa, Canada Research Chair in Information Law and Vice-Dean Research at the University of Ottawa Faculty of Law, in her recent review of Copyright, […]

Soccer Star, Wayne Rooney, Fired His Agent, but Still has to Pay the Agency Continuing Commissions

Soccer Star, Wayne Rooney, Fired His Agent, but Still has to Pay the Agency Continuing Commissions

Brent Randall is a JD candidate at the University of Ottawa. Proactive Sports Management Ltd., the former agency of English soccer star Wayne Rooney, was recently granted leave to appeal a decision of the High Court regarding the payment of commissions from an image-rights agreement between Proactive and Mr. Rooney.

Robertson Class Action Settlement #2 Decision Released

Robertson Class Action Settlement #2 Decision Released

Kirk M. Baert and Jonathan Bida of Koskie Minsky LLP are class counsel in this matter. On May 2, 2011, Justice Carolyn Horkins of the Ontario Superior Court of Justice approved the settlement of the class action Heather Robertson v. ProQuest, CEDROM, Toronto Star Newspapers, Rogers and Canwest, worth approximately $7.9 million. Class counsel provides […]

"I AGREE": Informed Consent and the Ethics of Third Party Access to Game Player Data

"I AGREE": Informed Consent and the Ethics of Third Party Access to Game Player Data

Suzanne de Castell is the Professor of Curriculum and Instruction in the Faculty of Education at Simon Fraser University and a Visiting Professor in the Faculty of Education, York University. How many users out there would click “I Agree” to play an online game if the meaning of that agreement was set out for them […]

Settlement Denied: What’s Next for Google Books?

Settlement Denied: What’s Next for Google Books?

Jenna Newman is a graduate of the Master of Publishing program at Simon Fraser University. The long-awaited ruling on the proposed Google Books settlement is out: the court has rejected the settlement. So many serious concerns were voiced by potential class members as well as scholars, librarians, the US Department of Justice, other nations—on questions […]

Supreme Court of Canada Rules on Cellphone Services Contracts

Supreme Court of Canada Rules on Cellphone Services Contracts

The Supreme Court of Canada handed down a decision today in the case of Michelle Seidel  v. TELUS Communications Inc., 2011 SCC 15.  At issue is whether a plaintiff consumer can bring various causes of action, including those under consumer protection legislation, in a court of first instance via a class action proceeding or whether […]

Missing Appointment of Agent Proves Fatal To Patent Application

Missing Appointment of Agent Proves Fatal To Patent Application

Matt Lonsdale is a JD candidate at Dalhousie University. The Federal Court of Appeal has upheld a decision of the Commissioner of Patents to refuse to accept maintenance fees and reinstate an application because the fees were not paid by the agent of record.  The agent's mistake of omitting an Appointment of Agent proved fatal.