Stays in the class proceeding context – you need only recover once

In a recent decision of Justice Bercov of the Court of Queen’s Bench of Alberta and upon application by the Defendant, the Attorney General of Canada, the Court stayed the Plaintiffs’ individual action following the certification of two class proceedings in Ontario involving a related set of claims.

Related briefings

Protecting Canadian innovation in the Cleantech sector

Emerging technologies to mitigate environmental impact and even remediate harm that has already occurred, known colloquially as “cleantech”, represent a potentially explosive growth opportunity for Canadian innovation. Intellectual property rights, and in particular patent protection, can be an important asset for Canadian cleantech companies that can and should be leveraged as part of their business and growth strategy. Patent rights can be valuable not only in excluding competitors and soliciting investment, but even in terms of marketing. Patents can demonstrate that a company is on the cutting edge of sustainable technology.

Expedited trademark examination now available in Canada

On May 3, 2021, the Canadian Intellectual Property Office (CIPO) announced that it will begin accepting requests for expedited examination of trademark applications along with other new measures to reduce delays in examination.

Pensions schemes and climate change – member engagement

With guest speakers Rona Train and William Chan from Hymans Robertson this free-to-view webinar helps trustees understand their obligations under the PSA 2021 to assess and manage the risks and opportunities associated with climate change, and how ESG could be a real opportunity to increase member engagement.

Latest Briefings

AI – Commission publishes new legal framework

I wrote last autumn about the European Parliament’s approval of proposals for the regulation of artificial intelligence (AI), and the European Commission has now decisively picked up the legislative baton, publishing its comprehensive framework for an AI Regulation.

Replacing the vertical agreements block exemption: approaching a year to go

On 31 May 2021, the Vertical Agreements Block Exemption Regulation (VBER), which exempts certain agreements from the EU and UK prohibitions on anti-competitive agreements, enters its final year of service before its scheduled expiry at the end of May 2022. Both the UK’s Competition and Markets Authority (CMA) and the European Commission (EC) have begun consultations on whether to replace the current instrument and its accompanying guidelines and, if so, how the replacements can tackle some of their predecessors’ shortcomings.

Tech time out – health is wealth

Neil Lloyd, managing director at law firm FBC Manby Bowdler, set up Tech Time Out with Stephanie Henson last year after noticing that a lot of noise was being made about the amount of time people were spending on tech, and certainly, COVID just made it worse.

Austria: Supreme Court rules on long-term gas supply contracts

On 25 January 2021 the Supreme Court issued a decision on long-term contracts for the import of Russian natural gas into Austria (16 Ok 3/20g). The contracts had been concluded in 2006 for the supply of unstructured natural gas. All of the contracts expired on 31 December 2027. At the time of their conclusion, such long-term commitments were common for contracts between natural gas producers and importers or wholesalers throughout Europe. The contracts contained an obligation for customers to purchase 83% of the contract volume (at least in the medium term), even if this amount was not actually taken (take-or-pay clause). In 2011 one of the buyers was granted an early termination right.

Recommended

Eleven City lawyers make the grade in Clifford Chance promotions

Clifford Chance has elected 29 lawyers to its partnership, in a round that saw 11 elevations in London. Most of the promotions, which will be effective from May, have been made in the firm’s European offices, in particular the UK. The number is slightly higher than last year’s, when the firm made up 26 partners, […]

KFC legal head moves across to Pizza Hut

KFC’s head of legal for UK, Ireland and Iberia has moved across to Pizza Hut as its new legal chief. Lawrence Grabau has been appointed chief legal officer for Pizza Hut UK and Europe. Both KFC and Pizza Hut are part of Fortune 100 fast food corporation Yum! Brands, which also includes Taco Bell. He […]

exit

Third London Essex Court silk departs

Essex Court Chambers is losing yet another silk in London as Vernon Flynn QC makes the move to Brick Court Chambers. Flynn (Call: 1991) is now the eighth member to leave the magic circle set since sanctions were imposed by China at the end of last month, confirming on social media that his move is […]

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