Mobile wars heat up: Telus denied injunction against Mobilicity
It’s deja vu all over again in the mobile telephony industry. On Wednesday, December 19, 2012, The British Columbia Supreme Court denied an application by Telus for an injunction restraining Mobilicity from running television commercials that compare its pricing plans with those of unnamed competitors. Grauer J. held that Telus’ case, at best, “limps across the threshold” of being a “fair case to be tried”, but was not a strong case. The balance of convenience favoured not granting the injunction. Grauer J. pointed out that where the case against the advertisement is weak, the balance tips towards free speech and [...] Full article
Denial of Mareva injunction due to Bank’s “dirty hands” upheld
Advancing unfounded allegations of fraud and overstating its case may preclude a party from attaining equitable relief. A panel of the Ontario Divisional Court upheld Justice Stinson's dismissal of a motion to continue an interim Mareva injunction brought by the Royal Bank of Canada. Full article
Bank’s “dirty hands” deprive it of Mareva injunction even though test met
In the case of Royal Bank of Canada v. Boussoulas, the Ontario Superior Court declined RBC’s request to appoint an interim receiver and grant a Mareva injunction against the defendants, who, it was alleged, were continuing their business through a succession of companies in order to avoid repaying RBC loans. Full article
Courts have power to grant injunctions against parties outside their jurisdiction
Late last spring, a unanimous Supreme Court of Canada affirmed that the provinces' Superior Courts have the jurisdiction to issue injunctions with purely extraterritorial effects. Full article
Developments
A Cautionary Tale in Comparative Advertising
National Energy Corporation was recently ordered by the Ontario Superior Court of Justice to stop [...]
Injunction chickens come home to roost
The Competition Tribunal has the power to order an inquiry into damages arising from an interim order granted by the Tribunal, but can refuse to order damages where special circumstances exist.
More Developments
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Canada's anti-bribery law to be strengthened
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Alberta company charged with foreign corruption
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Pre-merger notification threshold increased to $80 million
Former Bennett Environmental Inc. executive Robert Griffiths is a case in point. On September [...]