by Karen Sawatzky | Feb 28, 2018 | Civil Litigation, Commentary, Law Society Publications
There’s been a lot of new developments on the litigation front since the last update in December. Highlights from Issue No. 84, February 2018:
- Modified Test for Mandatory Interlocutory Injunction: SCC
- Public Interest Standing and Supplementing Reasons: SCC
- No Realistic Chance of Success: MBCA/MBQB
- Careless Smoking Negligent: MBQB
- Recent Flood Claims
- Further Amendments to Court of Queen’s Bench Rules
- Court of Queen’s Bench Practice Direction
- Facilitating the Management of Multi-jurisdictional Class Actions: CBA
- Recommended Reading
by Allyssa McFadyen | Feb 26, 2018 | Copyright, Intellectual Property Law, Legal Research
In honour of Fair Use/Fair Dealings week, here are some of the resources available in the Great Library:
Print
- The Annotated Copyright Act by Normand Tamaro (Thomson Reuters, 2017)
- Intellectual Property Litigation : Forms and Precedents by Paul V. Lomic (LexisNexis, 2016)
- Intellectual Property Journal (Vol. 1-28, 1984-2016)
E-Books
*You must be signed in to the Law Society of Manitoba’s Member’s Portal before you are able to view these e-resources. If you are outside of Manitoba, please get in touch with your respective Law Society Library.
Articles & Websites
The following resources are freely available online for anyone to view:
- Fair Dealing Canada – Resource hub for fair dealing in Canada
- Michael Geist‘s website
- Howard Knopf’s website, “Excess Copyright”
- Here Come The Copyright Bots For Hire, With Lawyers In Tow by Steven Mendelez
- “Anyone can now find infringers, send take-down requests, and quickly demand thousands in damages. Can the trolls be far behind?”
- The Saga of Canada’s “Making Available Right” in Three Acts by Cameron Hutchison
- “Enter our protagonist – the “making available right” [MAR] – which effectively identifies the point of upload as the situs of infringement, thus promising to remedy this situation. The uploader is the one who perpetrates infringement and this entity is now deterred from doing this for fear of being sued. […] it matters not whether the work uploaded is ultimately streamed or copied – we have “our man” and we do not need to worry about those downstream parties.”
- Slaw also has an entire category dedicated to Intellectual Property
by Allyssa McFadyen | Feb 22, 2018 | Copyright, Intellectual Property Law
Next week is Fair Use/Fair Dealings Week, a week to inform, educate, and celebrate the concepts of Fair Use (United States) and Fair Dealings (Canada) as well as in other countries.
As described by fairuseweek.org,
Fair use and fair dealing are essential limitations and exceptions to copyright, allowing the use of copyrighted materials without permission from the copyright holder under certain circumstances. Fair use and fair dealing are flexible doctrines, allowing copyright to adapt to new technologies. These doctrines facilitate balance in copyright law, promoting further progress and accommodating freedom of speech and expression.
As copyright, fair dealing, and education are some of the core values of Canadian libraries, the Great Library hopes this can be a week to help inform users about fair dealing and how it intersects with clients, and promote a better understanding of copyright law and intellectual property as well. The issue has been litigated in Federal Court as recently as last July, between York University and Access Copyright, the collective which collects royalties on behalf of its authors.
Next week we will be putting up a display in the library, as well as including e-resources that members of the Law Society can access online. Stay tuned!
by Karen Sawatzky | Feb 21, 2018 | Caselaw, Securities Law, Summary
A recent decision out of British Columbia drew attention to a novel situation: are prepaid cash cards issued by a financial institution deposit accounts?
All Trans Financial Services Credit Union Limited sold prepaid Visa and Mastercards to customers, who could then use the payment cards wherever Visa and Mastercard were accepted. When the Financial Institutions Commission (FIC) investigated, they determined that this was an unauthorized deposit business, contrary to s.81 of the Financial Institutions Act. The FIC ordered All Trans to cease selling these prepaid cards within 30 days of the release of the order. All Trans appealed to the BCSC, where the order was overturned.
This decision is currently under appeal. As noted in commentary by Robert Dawkins and D. Ross McGowan of Borden Ladner Gervais: Prepaid Cards: Deposit Accounts? Or Something Else?
… The decision on appeal may have a significant impact on financial institutions seeking to use creative FinTech approaches to expand their reach and service offerings, as well as FinTech start-ups. Careful consideration to program design is critical to ensure that issuers and program managers structure their card products to meet the regulatory needs for their specific goals.
Other commentary:
Deposit Accounts – Payment Cards (The Lawyers Daily)
by Karen Sawatzky | Feb 16, 2018 | Court of Queen's Bench, Notices
The Manitoba Court of Queen’s Bench has issued a notice of amendments to the QB Rules which will come into force on April 1, 2018:
RE: AMENDMENTS TO COURT OF QUEEN’S BENCH RULES
The following amendments regarding service, proof of service and default in cases involving the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the Hague Service Convention) will come into force on April 1, 2018.
…
The objectives of the amendments are to clarify the Rules respecting service (including substituted service, dispensation with service and validation and proof of service) and noting default, and granting and setting aside of default judgment, in cases where service is required under the Hague Service Convention.
The full text of these Rule amendments (M.R. No. 11/2018) can be viewed here.
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