The FCA has recently adopted an interventionist approach in the area of patent validity in Sanofi-Aventis v Apotex 2013 FCA 186 (“Sanofi 2013”). The FCA overturned the trial court’s findings that Sanofi’s clopidogrel patent was invalid for inutility and obviousness. First, the trial judge was found to have erred in law in his construction of the patent by “reading in” a Promise that the FCA says was not there. Secondly, the trial judge appears to have erred in failing to properly apply the facts to the Sanofi SCC legal test for obviousness, and asked the critical wrong question in determining . . . [more]

Each Monday we present brief excerpts of recent posts from five of Canada's award-winning legal blogs chosen at random* from forty-one 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. Le Blogue du CRL   2. Slater Vecchio Connected   3. Henry J. Chang’s Canada-US Immigration Blog   4. Doorey’s Workplace Law Blog    5. Avoid a Claim

At the CanLII Hackfest in Ottawa this weekend I learned, among a great many other things, about a simple, neat tool that’s already been built with the CanLII API: Common Cases. It enables you to insert up to ten URLs of cases and kicks out citations that your cases have in common. I can see how this might be a useful shortcut for researchers at some points, enabling them to zero in on a core cluster of decisions with rapidity.

The bonus feature is that on the Common Cases page you’re reminded by links of a couple of other, . . . [more]

This weekend thousands of Quebec residents protested the newly proposed Charter of Values. The protests demonstrate there is still significant opposition to the measures the Parti Quebecois would like to see enacted for public employees.

Meanwhile the media has had the opportunity to survey constitutional legal scholars across the country, and there appear to be mixed reactions to how this would pass a s. 1 analysis. . . . [more]

On the second Sunday in each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, SupremeAdvocacyLett@r, to which you may subscribe.

Summary of all appeals and leaves to appeal granted (so you know what the S.C.C. will soon be dealing with). For leaves, both the date the S.C.C. granted leave and the date of the C.A. judgment below are added in, in case you want to track and check out the C.A. judgment. (August 9 – September 13, 2013 inclusive). 

LEAVES . . . [more]

Pénal : L'expression «si les circonstances le justifient» permet à un juge, dans l'exercice de son pouvoir discrétionnaire prévu à l'article 719 (3.1) C.Cr., de tenir compte de conditions propres au détenu qui subit la période de détention préalable au prononcé de la peine.

This week's summaries concern: Charges to criminal jury / Collective agreement & drug testing / Hearsay rule of evidence / Immigration & grounds for exclusion:

As a result of international treaties, English is the official language for aeronautical and maritime communications. English is one of six official languages of the United Nations. It is the official language of many international organizations.

English is an official language or the language of government in 60 sovereign states. English does not have official status in both the United Kingdom and the USA.

English is taught in schools in India, Japan, China and others such as Singapore.

Approximately 375 million people speak English as their first language. Mandarin Chinese is spoken by over 800 million. And there are over . . . [more]

To carry on my Vroom Vroom theme from a few months ago, I suggest that there are some more potential similarities between the legal and automotive industries. Talk of the “Law Factory” from thought leaders such as Ron Friedmann, has encouraged further consideration. At a high level, both industries have “benefitted” from protectionism, though it did neither industry a favour, long term.

The Australian Federation of Automotive Products Manufacturers (FAPM) website says:

There are about 200 Australian firms supplying components to the automotive industry. The vehicle assemblers have also undergone massive rationalisation and increasing global integration. Globalisation provides both threats

. . . [more]

To acknowledge the fact that it’s Toronto International Film Festival time in Toronto, I thought we’d have a look at some of the weird and wonderful film work from a NY auteur, Casey Neistat. What got my attention was his offbeat commercial for Mercedes Benz:

The catchy tune is “It’s You” by Duck Sauce. (This is now in my Road Trip playlist.)

And like the canny self-promoter that he is, Neistat has released videos on YouTube about the making of the commercial: 1, 2, 3.

To get a sense of his full range, go to . . . [more]

As he does each year at about this time, Rich McCue tipped us to the fact that the results of his survey of incoming law students are now online. The University of Victoria Law Student Technology Survey has run for ten years now, providing a nifty picture of how things are changing for law students — so far as technology is concerned. The executive summary of this year’s survey, which had a whopping 90% response rate, is as follows:

• 96% of incoming law students own “Smart Phones” that can browse the internet (up from 89% last year and 50% three

. . . [more]

As I’m sure many Slaw readers comb through the Terms of Service for the websites they use, I’d like to highlight a new consideration. Surf on over to the WordPress.com TOS, and check out paragraph 16, Disclaimer of Warranties:

Disclaimer of Warranties. The Website is provided “as is”. Automattic and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Automattic nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto

. . . [more]