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…