3Com, a manufacturer of computer networking equipment and voice over IP telephones, won a total of US$9.9 million in damages in two recent Ontario decisions.

On April 29, 2004, Mr Justice Juriansz awarded 3Com US$6.5 in damages against re-seller Zorin International Corp. and its principals, Sam Marotta and Domenic Sicilia for deceit. Earlier, on March 19, 2004, Madam Justice Lang awarded 3Com US$3.4 million in damages against re-seller Intelligent Decisions Inc. (IDI). These are believed to be the largest damage awards ever in grey marketing fraud cases in North America.

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In April 2004, the Supreme Court ordered Enbridge Gas Distribution to pay back late payment penalties charged to gas customers that exceeded the limit on interest rates in the Criminal Code. This decision provides a reminder that companies that are not careful in setting interest rates can get into trouble.

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BY KENNETH DEKKER, JENNIFER ROBERTS-LOGAN, MICHAEL OSBORNE AND TANISHA TULLOCH Canada’s Top Court Highlights the Perils of Ignoring Foreign Actions Beals v. Saldanha, 2003 SCC 72 Two Ontario residents who were sued on an $8,000.00 (U.S.) Florida land deal are likely regretting their decision to ignore the Florida litigation that ultimately led to a $800,000.00 [...]

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TOP STORIES Competition Bureau proposes new “per se” conspiracy provision: Agreements between competitors for the purpose of or that have the effect of fixing prices, allocating customers or markets, or restricting output would be illegal even if they do not harm competition. If passed, this provision’s wide scope could make many existing agreements unlawful. Other [...]

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I have been asked to speak on the topic of construction bonds. In speaking to you today I shall attempt to avoid, where possible, boring you with endless legal jargon and precedents but concentrate on practical advice from one who has had to deal with a number of substantial bond claims in several Provinces of [...]

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