Best, reasonable and all reasonable endeavours – what do they mean?

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Oh Canada! Reasons to seek patent protection in the true North in 2019

By Shahrzad Esmaili, Roch J. Ripley Canada’s Trajectory as an Innovation Hub Canada’s innovation and tech sectors have flourished in recent years, attracting leading entrepreneurs and major investments from around the world to Canada. Along with this rapid sector growth has come a corresponding flurry of interest in innovation and, by extension, intellectual property – particularly in […]

Chopper overhead: Helicopter engines a source of confusion in aviation financing

By Marie-France Béland, Julie Djiezion The question of how to effectively take security over helicopter engines is one of fundamental importance to creditors. However, despite its importance, this area of aviation financing remains surprisingly unclear. The confusion surrounding this question stems from the way helicopter engines are defined under the Convention on International Interest in Mobile Equipment (the “Convention”) […]

Mining, agricultural and construction equipment financing

By Marie-France Béland, Mathieu Santos-Bouffard The Convention on International Interests in Mobile Equipment, signed on November 16, 2001, in Cape Town (the “Cape Town Convention”) establishes an international regime for the creation, enforcement, registration and prioritization of security interests in categories of high-value, uniquely identifiable mobile equipment. In addition to Convention protocols specific to aircraft, railway […]

The Court of Appeal considers milestone payments in construction contracts and the requirement for an adequate payment mechanism

By Ashley Pigott, Cathy Moore In July 2018, we reported on the first instance decision in CIMC MBS Ltd (formerly Verbus Systems Ltd) v Bennett (Construction) Ltd [2018] in which the Technology and Construction Court (TCC) held that certain milestone payment provisions in a contract did not comply with the requirement that “construction contracts” as defined by the Housing Grants, Construction […]

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Countdown to Brexit Series: A new Office for Environmental Protection: what does Brexit have in store for environmental enforcement in the UK?

By Alison Ogley, David Monteith Introduction Much of the UK’s environmental law originates in the EU, and is currently enforced by the EU Commission, which has the power to bring a case against a member state in the European Court of Justice (the ECJ) to secure the implementation of EU environmental law domestically. If an […]

Countdown to Brexit Series – New Market Surveillance Rules for Suppliers into the EU

New regulation In June, the EU Commission published the Market Surveillance Regulation. The Regulation complements the EU’s ‘Goods Package’, a policy first coined in 2017 to promote a better functioning European market for goods. The Regulation aims to ensure that products imported into the EU for sale are compliant with EU legislation. The Regulation will […]

Countdown to Brexit Series – Immigration

By Shakeel Dad, Charlotte Smith The government’s recent statement that free movement will end immediately on 31 October 2019 has increased the uncertainty surrounding the rights of EEA citizens and the UK’s immigration practices. We have set out the latest position in this note. Settled status EEA nationals who are living in the UK or […]

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