In Nova Chemicals Corporation v The Dow Chemical Company et al., 2022 SCC 43 (“Nova Chemicals”) the Supreme Court of Canada (“SCC”) clarified the test for determining a proper accounting of profits when it is relied upon as a statutory remedy for patent infringement. In the process of doing so, the SCC finally admitted into […]
On July 13, 2017, the Supreme Court of Canada released Wilson v Alharayeri, 2017 SCC 39 [Wilson], in which it unanimously reaffirmed that a corporation’s directors, as opposed to the corporation, may be personally liable in an oppressive action. This provided much-needed clarity on the scope of potential personal liability of directors and officers under […]
After finding the mandatory minimum sentence for drug possession for the purpose of trafficking (contrary to s. 5(2) of the Controlled Drugs and Substances Act, SC 1996, c 19 [CDSA]) violated s. 12 of the Charter (R v Lloyd, 2014 BCPC 8 (CanLII) [Lloyd]) in January 2014, Galati J. of the Provincial Court of British Columbia has […]