The Litigator

Litigator

Compelling Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

CRTC cannot make cablecos pay for local TV signals, SCC says

Cable and satellite television companies won an important victory when the Supreme Court of Canada ruled on December 13, 2012, that the CRTC has no jurisdiction to force them to pay to redistribute local television broadcasts to their audiences. This decision may herald a trend to confining subordinate bodies like the CRTC more narrowly to the areas of jurisdiction granted to them by Parliament. CRTC proposes “value for signal” regime Currently, cable and satellite TV companies (known as “broadcast distribution undertakings”, or “BDUs”) do not pay television broadcasters to distribute over-the-air television signals to local audiences. The Copyright Act expressly [...] Full article

A Cautionary Tale in Comparative Advertising

National Energy Corporation was recently ordered by the Ontario Superior Court of Justice to stop distributing a comparative advertising brochure which contained false and misleading statements about the services and [...] Full article

Hollywood studios successfully enforce breach of copyright judgment against Ontario website operator

Citing the Internet's unique potential to cause harm anywhere and everywhere, Madam Justice Lax of Ontario's Superior Court of Justice enforced a New York District Court judgment earlier this month against the operators of Ontario-based websites that facilitated the illegal copying and downloading of movies. Full article

Intellectual property is not exempt from Competition Act’s reach

Eli Lilly and Co. v. Apotex Inc. On November 2 2005, the Federal Court of Appeal held that where an agreement to assign a patent increases the assignee’s market power [...] Full article


Intellectual Property Contributors

Kenneth A. Dekker

Kenneth A. Dekker

Affleck Greene McMurtry LLP

Kenneth (Ken) Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. With more than 12 years of experience, Ken has appeared before all levels of courts in Ontario, including the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada.

Contributor's Profile

Masiel A. Matus

Masiel A. Matus

Affleck Greene McMurtry LLP

Masiel Matus consistently demonstrates strong knowledge and ability in the areas of commercial litigation, class action defence, employment and competition law. Masiel has provided diligent case management and litigation support in several complex litigation trials, making her a trusted and valued member of the Affleck Greene McMurtry LLP team.

Contributor's Profile

W. Michael G. Osborne

W. Michael G. Osborne

Affleck Greene McMurtry LLP

Michael is a respected and practised litigator who acts for and advises parties in a wide range of competition matters, a variety of commercial disputes, including contractual disputes, shareholders' disputes, commercial fraud, and employment matters, and also in administrative law and constitutional issues. Michael has been admitted as a Fellow of the Chartered Institute of Arbitrators (UK). Michael is a frequent contributor to newsletters published by the ABA's Anti-trust Section, The Litigator and often quoted by The Financial Post, The Lawyer's Weekly, Lexpert Magazine and other publications of interest to the legal community.

Contributor's Profile

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