Canada’s online legal magazine.

Archive for December, 2023

Experience

This year, I checked an item from my bucket list. I went to Monaco to attend the Formula 1 Grand Prix. For race fans, Monaco does not typically offer the best racing on the calendar (fortunately, this year, it had an exciting ending), but there is an allure that has pulled fans to the Mediterranean for the last 80 years. I bookended the summer with a trip to the Brighton Speedway in eastern Ontario to take in an evening of dirt track racing, including the ever-popular min-van race. You could say the very opposite of Formula 1.

At one extreme, . . . [more]

Posted in: Legal Marketing

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. RT Blog 2. Legal Post Blog 3. Know How 4. Administrative Law Matters 5. Lawyered Podcast

RT Blog
3 Benefits of Workplace Restoration

Workplace restoration is a developing area which is now being considered by many employers. One reason for the growing interest is the ongoing effort

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Posted in: Monday’s Mix

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

FISCALITÉ : L’article 41 de la Loi concernant principalement la mise en oeuvre de certaines dispositions du discours sur le budget du 10 mars 2020 (projet de loi 82), qui prévoit que les délais de prescription applicables au recouvrement d’une créance fiscale «sont suspendus depuis le 13 mars 2020 jusqu’au . . . [more]

Posted in: Summaries Sunday

A Difficult Test for Inducing Patent Infringement

How far does a generic drug maker need to go to exclude liability for inducing patent infringement?

In drug patent cases the product monograph is key in assessing whether inducement exists. In the case of off-label uses, it is customary for a generic drug maker to exclude any references in the innovator’s product monograph that teach the off-label use. How far such edits must go is put in doubt by the Federal Court of Appeal decision in Apotex Inc. v. Janssen Inc., 2023 FCA 220.

The test for a finding of inducing infringement was confirmed by the Federal Court . . . [more]

Posted in: Intellectual Property