Author archive - nplaw

What You Need to Know Prior to Purchasing a Franchise

Xavier Navarrete and Glen Perinot

As a litigation lawyer, I would estimate that 70% of the franchise work I do is for franchisees that are experiencing problems in operating a franchise or are experiencing problems with the franchisor’s demands. The tragedy is that clients often come to see me after they have already purchased the franchise and often after their life savings have been depleted trying to operate the franchise. Many of the problems experienced by franchisees that I typically encounter could have been avoided, or could have been spotted with a little due diligence by the franchisee, prior to paying money over to the franchisor. Read more

When Anton Piller Orders Go Wrong!

W. Xavier Navarrete

An Ontario court has ordered an applicant to pay damages for trespass and full indemnity costs for executing Anton Piller Order on the wrong party and at the wrong address.

In October 2008, Justice Hoy of the Ontario Superior Court of Justice in Multimedia Global Management v. Soroudi, [2008] O.J. No. 4383, ordered an applicant to pay damages for trespass and to pay full indemnity costs to an innocent third party. After obtaining an Anton Piller Order (APO), the applicant executed the APO on a gentleman who happened to have the same name as the target respondent (the innocent man was 65 years old, while the target respondent was 35 years old). The APO was also executed at the wrong address and the applicant seized documents outside the scope of the APO Read more

DBC Marine Safety Systems Ltd. v. Canada

Federal Court of Appeal affirms that there is no discretion for a court to interfere with a patent application deemed abandoned for an applicant’s (inadvertent) failure to respond to a requisition in DBC Marine Safety Systems Ltd. v. Canada (Commissioner of Patents) (2008 FCA 256)

http://www.canlii.org/en/ca/fca/doc/2008/2008fca256/2008fca256.html

Grapha-Holding AG v. Illinois Tool Works Inc

Federal Court clarifies nature and scope of evidence required for proceedings under section 45 of the Trade-marks Act in Grapha-Holding AG v. Illinois Tool Works Inc (2008 FC 959)

August 20, 2008

http://www.canlii.org/en/ca/fct/doc/2008/2008fc959/2008fc959.html

Competition Bureau releases report on use of document production orders

Competition Bureau releases report on use of document production orders under the Competition Act (section 11 orders) and the standard of disclosure required for ex parte applications

August 12, 2008

http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02709e.html