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cause of action

By Occasional Contributors | < 1 Minutes Read October 22, 2014

IP monitor: Trademarks unlimited provincially

In a recent summary judgement decision with respect to trade mark infringement Driving Alternative Inc v. Keyz Thankz Inc, the Federal Court of Canada decided that the Federal limitation period of six years applied to this trade-mark infringement which occurred in Ontario because the evidence of the Plaintiff established that the activities of the Defendants have caused damage to the Plaintiff beyond Ontario, including confusion in Alberta.

Article by Occasional Contributors / Business / activities of the Defendants have caused damage, cause of action, confusion, Driving Alternative Inc v. Keyz Thankz Inc, Federal Court of Canada, Federal limitation period of six years applied to trade-mark infringement, law, legal, limitation period, trade mark infringement

By Occasional Contributors | 3 Minutes Read July 8, 2013

BC vs Ontario: BC Supreme Court confirms no common law tort for invasion of privacy

The Supreme Court of British Columbia recently confirmed that there is no common law tort of invasion of privacy in that province. This is in contrast to an earlier decision from the Ontario Court of Appeal which accepted such a cause of action.

Article by Occasional Contributors / Employee Relations, Privacy / cause of action, common law tort for invasion of privacy, conduct must be intentional or reckless, Demcak v Vo, humiliation or anguish, intentional tort, intrusion upon seclusion, Jones v. Tsige, proof of damage, reasonable person would regard the invasion as highly offensive causing distress, technological changes, tort of invasion of privacy

By Christina Catenacci, BA, LLB, LLM, PhD | 2 Minutes Read May 11, 2012

Denny’s temporary foreign workers employment standards class action suit gets certified

The British Columbia Supreme Court just certified a class action where the plaintiffs (foreign workers) allege that the employer failed to provide them with the amount of work promised, overtime pay and reimbursements for travel expenses and recruitment fees contrary to the Employment Standards Act. Also, the employees argued the employer breached the contract and its fiduciary duty, and was unjustly enriched for having the workers work without being paid. To top it off...

Article by Christina Catenacci, BA, LLB, LLM, PhD / Employee Relations, Employment Standards, Immigration / BC, breach of contract, breach of fiduciary duty, British Columbia, cause of action, class action suit, Class Proceedings Act, common issues, Denny's, employment contract, employment law, employment standards act, Hiring foreign workers, identifiable class, overtime, recruitment fees, representative plaintiff, temporary foreign workers, unpaid wages

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