Intellectual Property

Whisky, Trademarks and Distinguishing Guises

Kanata CA personal injury, family, and real estate law firm

If you enjoy a drink during the holidays you may find the ongoing trademark dispute between Maker’s Mark bourbon whisky and tequila maker Casa Cuervo particularly interesting. In a case that is now headed to a United States Federal Appeal Court, Maker’s Mark whisky is claiming infringement of its trademark, namely the wax dripped over its bottle. In Canada this type…

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Expert Reports in Small Claims Court

Kanata CA personal injury, family, and real estate law firm

One of the difficulties Plaintiffs frequently encounter in Small Claims Court is the cost of pursuing a claim. In addition to legal costs and court costs, Plaintiffs are often required to obtain expert reports in order to prove an element of their case. An expert  report is essentially an opinion on a material issue given…

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Supreme Court of Canada to hear controversial pension dispute

Kanata CA personal injury, family, and real estate law firm

The Supreme Court of Canada has agreed to review a controversial pension case decided by the Ontario Court of Appeal in April 2011. The case involves the treatment of pension plans after a company has applied for protection from creditors under the Companies’ Creditors Arrangement Act (the CCAA) – a process similar to Chapter 11…

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NEW CANADA NOT-FOR-PROFIT CORPORATIONS ACT – TRANSITIONAL PROVISIONS

Kanata CA personal injury, family, and real estate law firm

The new Canada Not-for-Profit Corporations Act came into force October 17, 2011. All federally incorporated not-for-profit corporations must continue into this new Act by October 17, 2014. Failure to continue the not-for-profit corporation will result in dissolution. The new Canada Not-for-Profit Corporations Act makes positive improvements to the not-for-profit sector particularly in the areas of…

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No Legal Costs Awards at Human Rights Tribunals

Kanata CA personal injury, family, and real estate law firm

As reported last month in the Ottawa Citizen the Supreme Court of Canada recently ruled that the Canadian Human Rights Tribunal may not award legal costs in its decisions. In most courtroom litigation in Ontario there is a significant chance that the losing side may be liable for a portion of the other side’s legal…

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CNAS Takes Manhattan

Kanata CA personal injury, family, and real estate law firm

The firm, along with a busload of invited guests, recently took its annual football trip this year to see the New York Giants take on the Miami Dolphins at the New Meadowlands (MetLife) Stadium. In spite of an unseasonal October snow storm our group was able to arrive in Manhattan on Saturday in time to…

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Ottawa Senators v. Winnipeg Jets

Kanata CA personal injury, family, and real estate law firm

Members of the firm were recently at Scotiabank Place to watch the Senators take on the Winnipeg Jets. After giving up an early goal the Senators came back to win 3 – 1. The event was hosted by the Kanata Chamber of Commerce as part of its 20th anniversary celebrations. The firm is now looking…

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Caution Required When Settling an Employment Dispute

Kanata CA personal injury, family, and real estate law firm

Employment disputes can involve a variety of different areas of the law. Most employment issues revolve around the principles of contract. However, an employment dispute will also often include issues of human rights, insurance, workplace safety and pensions. Compensation for an employee can come from any one, or several, of these areas of the law.…

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ABCs of Insurance: Long Term Disability Benefits

Kanata CA personal injury, family, and real estate law firm

In addition to the usual health and dental benefits, employers often provide their employees with long term disability plans as part of their benefits package. These plans are designed to assist employees in the event that they develop a health condition that prevents them from working for an extended period of time. When an employee…

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Involvement of the Office of the Children's Lawyer Not Guaranteed

Kanata CA personal injury, family, and real estate law firm

The children’s best interest is of paramount importance in determining the issue of custody and access.  In high conflict family law disputes, custody and access assessments are crucial in assisting family law judges in rendering decisions. The professional recommendations of a social worker or psychologist provide the courts with objective evidence from a neutral third…

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