On June 14, the Federal Court of Appeal reversed a decision of the Federal Court that struck out a claim by Apotex Inc. that an assignment of a patent by Shionogi & Co. Ltd. to Eli Lilly and Company was a conspiracy to limit competition unduly contrary to s. 45 of the Competition Act.[1] Apotex [...]

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Morgis v. Thomson Kernaghan & Co. (2003), 65 O.R. (3d) 321 (C.A.) In a recent decision, Ontario’s highest Court considered whether liability can be imposed on the Investment Dealers Association of Canada (the “IDA”) for the economic losses sustained by investors in their margin accounts with an IDA member. As a result of sustaining substantial [...]

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In Bahlieda v. Santa[1], the question of whether information placed on a website and made available through the Internet is “broadcast” within the meaning of the Ontario Libel and Slander Act remains unanswered. The Ontario Court of Appeal recently overturned a motions judge’s finding that placing material on the Internet via a website, constitutes a [...]

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Canadian Waste Services has appealed the latest Tribunal decision in its long-running merger case to the Federal Court of Appeal. On June 28, 2004, the Competition Tribunal rejected CWS “change of circumstances” application that sought to rescind the Tribunal’s October 2001, order that it sell the Ridge landfill. The Tribunal made that order after concluding that CWS’ acquisition of the Ridge would substantially lessen and prevent competition.

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In R. v. Rowe[1], the Ontario Superior Court found that the offence of bid-rigging, in s. 47 of the Competition Act does not include withdrawing a bid or tender. Two companies submitted identical bids to supply chlorine to the City of Toronto. One company subsequently withdrew its bid. The Crown alleged that the two had [...]

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