Federal Court of Canada

Together with First Nations leadership, Minister Patty Hajdu introduces a Bill to support clean drinking water in First Nations communities

Retrieved on: 
Monday, December 11, 2023
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OTTAWA, UNCEDED ALGONQUIN TERRITORY, ON, Dec. 11, 2023 /CNW/ - Everyone in Canada should have access to safe and clean drinking water.

Key Points: 
  • OTTAWA, UNCEDED ALGONQUIN TERRITORY, ON, Dec. 11, 2023 /CNW/ - Everyone in Canada should have access to safe and clean drinking water.
  • The Government of Canada's commitment to sustainable access to clean and safe drinking water in First Nations communities does not end with the introduction of this Bill.
  • Bill C-61: First Nations Clean Water Act (short title), or an Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands
    Bill C-61, the proposed First Nations Clean Water Act, is the next step to ensure First Nations have clean drinking water for generations to come.
  • The Assembly of First Nations, with support from Canada, led an engagement to review the 2013 Safe Drinking Water for First Nations Act.

Competition Bureau obtains a court order to advance investigation into Rogers' marketing practices

Retrieved on: 
Monday, December 4, 2023
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GATINEAU, QC, Dec. 4, 2023 /CNW/ - The Competition Bureau has obtained a court order to advance its investigation into certain alleged marketing practices by Rogers Communications Inc. and its subsidiary, Rogers Communications Canada Inc.

Key Points: 
  • GATINEAU, QC, Dec. 4, 2023 /CNW/ - The Competition Bureau has obtained a court order to advance its investigation into certain alleged marketing practices by Rogers Communications Inc. and its subsidiary, Rogers Communications Canada Inc.
  • The order, granted by the Federal Court of Canada requires Rogers and its subsidiary to produce records and information relevant to the Bureau's investigation.
  • The Bureau's investigation involves claims made by Rogers when promoting its Infinite wireless phone plans.
  • The Bureau is looking to determine if Rogers' marketing practices raise concerns under the civil deceptive marketing provisions of the Competition Act.

Kobold successfully defends against NCS In Patent Infringement Lawsuit and wins Counterclaim

Retrieved on: 
Wednesday, November 8, 2023
Federal Court of Canada, LP3, Sale, Patent, Court, AB, NCS, Federal Courts Improvement Act, Federal court, Generic drug, Machine tool, Kobold

CALGARY, AB, Nov. 8, 2023 /PRNewswire/ - Kobold Corporation and Kobold Completions Inc. ("Kobold") announce that in a ruling issued by the Federal Court of Canada yesterday in relation to a patent infringement lawsuit brought by NCS Multistage Inc. ("NCS") against Kobold, the Court ruled that Kobold was entirely successful in its defence and counterclaim.

Key Points: 
  • CALGARY, AB, Nov. 8, 2023 /PRNewswire/ - Kobold Corporation and Kobold Completions Inc. ("Kobold") announce that in a ruling issued by the Federal Court of Canada yesterday in relation to a patent infringement lawsuit brought by NCS Multistage Inc. ("NCS") against Kobold, the Court ruled that Kobold was entirely successful in its defence and counterclaim.
  • The Court granted an injunction against NCS prohibiting further use, manufacture, and sale of NCS's LP3 sleeves in Canada.
  • NCS has also been ordered to pay Kobold either damages or NCS's profits in respect of the infringement in an amount to be determined.
  • It is an unqualified victory that exonerates Kobold from the claims made against it by NCS and is a vindication of Kobold's innovative technology.

$5.2 million settlement reached in Canadian farmed Atlantic Salmon class actions

Retrieved on: 
Monday, October 30, 2023
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Settlement Class Member is defined as all persons in Canada who purchased farmed Atlantic Salmon and products containing or derived from farmed Atlantic salmon purchased or sold in Canada from April 10, 2013 to October 6, 2023.

Key Points: 
  • Settlement Class Member is defined as all persons in Canada who purchased farmed Atlantic Salmon and products containing or derived from farmed Atlantic salmon purchased or sold in Canada from April 10, 2013 to October 6, 2023.
  • If Settlement Class Members wish to participate in the class action and settlement, they are not required to do anything until after the Settlement is approved.
  • Settlement Class Members can also object to the proposed Settlement and attend the Settlement Approval Hearing to present that objection.
  • Settlement Class Members who wish to object to the proposed Settlement must submit their objections in writing to Class Counsel by November 20, 2023.

Pyrrha Files Lawsuit Against Mejuri

Retrieved on: 
Wednesday, October 25, 2023
Women, Online Retail, Jewelry, Consumer, Fashion, Luxury, Retail, Department Stores, Carbon, Complaint, Federal Court of Canada, Certification, WLG, B Corporation (certification), Pyrrha of Thessaly, Robotics Design Inc, LLP, Confusion, Jewellery, Collection, Federal court, Fashion design, Planet

Pyrrha Design Inc. ("Pyrrha"), a maker of sustainable, handcrafted jewelry, has filed a lawsuit against Toronto-based jewelry maker Mejuri Inc. ("Mejuri"), seeking to enjoin the latter’s use of the trademark PYRA and infringement of the registered PYRRHA trademark.

Key Points: 
  • Pyrrha Design Inc. ("Pyrrha"), a maker of sustainable, handcrafted jewelry, has filed a lawsuit against Toronto-based jewelry maker Mejuri Inc. ("Mejuri"), seeking to enjoin the latter’s use of the trademark PYRA and infringement of the registered PYRRHA trademark.
  • Pyrrha has extensively and consistently used its PYRRHA trademark in association with its jewelry for decades and must protect the goodwill and brand identity that it has carefully cultivated and nurtured over time.
  • Pyrrha also claims that Mejuri's use of the PYRA trademark is likely to diminish the value of the goodwill in Pyrrha's brand by causing confusion in the marketplace between PYRRHA and PYRA.
  • Our handcrafted jewelry is synonymous with the name ‘Pyrrha’ and we have to take steps to protect our reputation and our business,” says Pyrrha co-founder and designer Wade Papin.

We should use Australia's environment laws to protect our 'living wonders' from new coal and gas projects

Retrieved on: 
Thursday, September 28, 2023
Review, EPBC, Climate Council, Climate, Federal Court of Canada, Coral, Environmental protection, Intergovernmental Panel on Climate Change, Great Barrier Reef, Central Queensland, Federal court, Climate change, Environment Protection and Biodiversity Conservation Act 1999, Country, Snow, Government, Plant, Coal, Environment Council, IPCC, Animal, Disease, First Nations, Mortality, Environment, Biodiversity, Federation, Health, Time, Bird, Snowy Mountains, AP Biology, Legislation, Hunting, Property management, Agriculture, Renting, Environmental remediation, Mobile phone, Renewable energy, Livestock, Cryptocurrency

Federal laws made in 1999 to better protect the environment are failing.

Key Points: 
  • Federal laws made in 1999 to better protect the environment are failing.
  • These shortcomings have prompted a volunteer environment group to mount a legal challenge against federal Environment Minister Tanya Plibersek “to protect our living wonders from coal and gas”.
  • Read more:
    Times have changed: why the environment minister is being forced to reconsider climate-related impacts of pending fossil fuel approvals

Australia’s national environmental law

    • The primary objective of the EPBC Act is to:
      provide for the protection of the environment, especially those aspects of the environment that are matters of national environmental significance.
    • provide for the protection of the environment, especially those aspects of the environment that are matters of national environmental significance.
    • However, climate change is not considered directly in the EPBC Act as one of the factors affecting matters of national environmental significance.
    • According to the Climate Council report, since 1999, 740 new projects to extract coal, oil and gas have been approved or passed, with 555 of them not having undergone detailed environmental assessment.

Climate risks to Australia


    In 2022, the Intergovernmental Panel on Climate Change (IPCC) released the most recent comprehensive global assessment of climate change risks. The special fact sheet about climate impacts on natural and human systems in Australia and New Zealand provides a helpful summary of that assessment. It lists nine key risks in Australia associated with climate change. Of these, the top five risks for our living wonders are:
    That last one is particularly relevant to the EPBC Act.

A legal challenge is underway

    • Last week, the environment council challenged Plibersek’s rejection to reconsider two of the three coal mine expansion projects, both in New South Wales.
    • A decision from the judge on this case is pending and should be provided in the next few months.
    • A spokesperson for the minister has advised the media they would not comment “as this is a legal matter”.

Protecting our living wonders means fixing Australia’s environment law

    • We need a national environment law that genuinely protects our environment by stopping highly polluting projects and enabling ones that can help us rapidly switch to a clean economy instead.
    • Read more:
      Australia’s environment law doesn’t protect the environment – an alarming message from the recent duty-quashing climate case

Minister of Justice and Attorney General of Canada announces a judicial appointment to the Federal Court

Retrieved on: 
Tuesday, September 26, 2023
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OTTAWA, ON, Sept. 26, 2023 /CNW/ - The Honourable Arif Virani, Minister of Justice and Attorney General of Canada, today announced the following appointment under the judicial application process established in 2016.

Key Points: 
  • OTTAWA, ON, Sept. 26, 2023 /CNW/ - The Honourable Arif Virani, Minister of Justice and Attorney General of Canada, today announced the following appointment under the judicial application process established in 2016.
  • Justice Ngo replaces Justice R. Barnes, who elected to become a supernumerary judge effective November 22, 2020.
  • Budget 2022 provides for 22 new judicial positions, along with two associate judges at the Tax Court of Canada.
  • Federal judicial appointments are made by the Governor General, acting on the advice of the federal Cabinet and recommendations from the Minister of Justice.

NOTICE OF CERTIFICATION - Government of Canada Privacy Breach Class Action

Retrieved on: 
Friday, August 18, 2023
Online, Defendant, GCKey, Canada Revenue Agency, Service Canada, Person, CERB, Federal court, Lawyer, Privacy, Government, PAY, Address, CRA, CLASS, Government of Canada, Court, Computation, CANADA, Plaintiff, Federal Court of Canada, Tobacco, Property management, Marketing, Mail, Certification

If you used a Government of Canada Online Account, such as CRA's My Account, a "My Services Canada" account, or various other online government accounts in the past, this Notice of Certification may affect your legal rights.

Key Points: 
  • If you used a Government of Canada Online Account, such as CRA's My Account, a "My Services Canada" account, or various other online government accounts in the past, this Notice of Certification may affect your legal rights.
  • You may receive more than one Notice of Certification due to potential unauthorized access to more than one of your Government of Canada online accounts.
  • Among other things, the Plaintiff alleges that the Government of Canada breached class members' privacy by not properly safeguarding confidential personal and financial information electronically housed within various online government portals.
  • "Government of Canada Online Account" means:
    a) Canada Revenue Agency account;
    b) My Service Canada account; or
    c) another Government of Canada online account, where that account is accessed using the Government of Canada Branded Credential Service (GCKey).

Organigram’s Application for Judicial Review on Jolts Ingestible Extract Granted

Retrieved on: 
Thursday, August 10, 2023
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Organigram Holdings Inc. (“Organigram” or the “Company”) (TSX: OGI; NASDAQ: OGI), announced today that the Federal Court of Canada (the “Court”) has granted Organigram’s application for judicial review of a decision of Health Canada determining that the Edison Jolts lozenges (the “Products”) are to be classified as edible cannabis.

Key Points: 
  • Organigram Holdings Inc. (“Organigram” or the “Company”) (TSX: OGI; NASDAQ: OGI), announced today that the Federal Court of Canada (the “Court”) has granted Organigram’s application for judicial review of a decision of Health Canada determining that the Edison Jolts lozenges (the “Products”) are to be classified as edible cannabis.
  • The Court found there was a breach of procedural fairness by Health Canada.
  • The matter is being remitted back to Health Canada for redetermination taking the Court’s reasons into consideration.
  • “We are pleased with the outcome of the hearing and look forward to Health Canada’s further review of our Jolts ingestible extract,” said Beena Goldenberg, CEO of Organigram.

Employers will resist, but the changes for casual workers are about accepting reality

Retrieved on: 
Tuesday, July 25, 2023
Casual, Federal Court of Canada, High, Small business, Employment, Legislation, Court of cassation, Statistics, Federal court, High court, Government, Cities and metropolitan areas of the United States, Industry, Australian Industry Group, Minister for Employment and Workplace Relations, Common, Restaurant, Health insurance

The Albanese government’s plan to improve the pathway to permanency for casual workers has employers worried, fearful their ability to employ casual workers will be restricted.

Key Points: 
  • The Albanese government’s plan to improve the pathway to permanency for casual workers has employers worried, fearful their ability to employ casual workers will be restricted.
  • The counterargument is that entrenched casualisation doesn’t make the status quo right, and that the government’s proposed reforms will give greater recognition to reality.
  • That is, if a worker is effectively working as permanent employee, they have the right to be treated as such.
  • Close to 60% of Australia’s casual workers have been with their employer for more than a year, and 45% to 60% report regular hours and pay.