Important changes to Supreme Court Rules coming into effect

On January 27, 2021, several significant changes pertaining to the Rules of the Supreme Court of Canada will come into effect. These rule changes will affect all litigants appearing before the Supreme Court, and it is important that parties are aware of the changes and their practical effects. The rule changes in their entirety are published in the Canada Gazette; they are also summarized in the Supreme Court’s Notice to…

Conway Lawyers Successfully Defend CRTC Decision on Wholesale Internet Rates

On September 9, 2020, the Federal Court of Appeal unanimously dismissed an appeal of an order made by the Canadian Radio-Television and Telecommunications Commission (CRTC) in Bell Canada v British Columbia Broadband Association (2020 FCA 140). Conway lawyers represented respondent TekSavvy Solutions Inc., an independent internet service provider, successfully fending off the incumbents’ appeal alongside the co-respondent Canadian Network Operators Consortium Inc. In the order from August 2019, the CRTC…

Federal Court of Appeal Rules That Lobbying Commissioner Has No Duty to Investigate Complaints From the Public

By Marion Sandilands Cliquez ici pour un résumé en français In a decision with wide-ranging implications for the lobbying community and for administrative law generally, the Federal Court of Appeal ruled in Canada (Attorney General) v. Democracy Watch (2020 FCA 69) that the federal Lobbying Act does not create a duty for the lobbying commissioner to investigate complaints from members of the public. Prime Minister Trudeau Takes Family Vacation on…

TekSavvy Appeals First-Ever Federal Court website-blocking Order

On November 25, 2019, Conway filed an appeal at the Federal Court of Appeal on behalf of its client, TekSavvy Solutions Inc. in response to the precedent-setting decision of the Federal Court issued November 15, 2019. The Federal Court ordered innocent third party internet service providers (ISPs), including TekSavvy, to block certain websites of entities doing business as GoldTV.biz and GoldTV.ca. GoldTV allegedly used these websites to stream copyrighted content…

Conway Lawyer, Julie Mouris, Quoted in Law Times

Julie Mouris was quoted in an article titled “When is a painting of ‘national importance’? Court weighs in” published in Law Times yesterday. The article was in relation to the April 16 decision Canada (Attorney General) v. Heffel Gallery Limited, 2019 FCA 82. The Federal Court of Appeal ruled that it was reasonable for the Canadian Cultural Property Export Review Board to find that an 1892 painting, Iris bleus by Gustave Caillebotte,…

Concept for protest, revolution or conflict. Silhouette crowd of people protesters.

First wave of Ontario Court of Appeal rulings on anti-SLAPP legislation

Introduction On August 30, 2018, the Ontario Court of Appeal released six highly-anticipated decisions interpreting Ontario’s anti-SLAPP [Strategic Litigation Against Public Participation] legislation.[i] Section 137.1 of the Courts of Justice Act, in force since the fall of 2015, allows a defendant in a proceeding to bring a motion at any time after the proceeding has been commenced to have the action dismissed. This tool is commonly used in defamation cases….

Osgoode Hall (Ontario Court of Appeal Building)

Ontario Court of Appeal Shows Practicality in Assessing Imperfect Expert Evidence

By David K. Wilson and Benjamin L. Grant The Court of Appeal has affirmed a high-profile trial decision despite bias concerns relating to evidence led by a key expert witness. The practical approach adopted by the Court of Appeal offers real-world lessons for future cases. Christy Natsis, an Ottawa-area dentist, was convicted of impaired driving causing death after a fatal head-on collision in 2011 near Arnprior, Ontario. She received a…

Federal Court of Appeal Affirms PMPRB’s Consumer Protection Mandate

By David K. Wilson and Anna Turinov The Federal Court of Appeal has unanimously ruled that a drug company does not have to own a patent to be subject to the consumer protection mandate of the Patented Medicine Prices Review Board (“PMPRB” or “Board”).  Canada (Attorney General) v. Sandoz Canada Inc., 2015 FCA 249, holds that a “patentee” within the authority of the PMPRB can include companies exercising rights under a…