Commercial Litigation Bulletin: Volume 2 - Number 2

Edited by James Tumbridge

OH PUKKA! English luggage company told to pack its bags and go home Class Actions and Copyright: Ontario Superior Court Certifies Class Action for Infringement of Copyright in Lawyer's Court Documents Does attornment trump arbitration and choice of forum clauses? Faithless Fiduciaries and Employment Bonuses: When Can a Company Refuse to Pay? Simple Procedure, Complex Costs: Large Costs Awarded Under the Simplified Rules in a Defamation Case OH PUKKA! English luggage company told to pack its bags and go home By: Paul Harris

The recent case involving The Pukka Luggage Company Limited ('Pukka') and their attempts to register their PUKKA trademark, offers businesses an insight into the workings of the European Union trade mark institutions, and provides some valuable guidelines and lessons.

Read the full article - OH PUKKA! English luggage company told to pack its bags and go home

Class Actions and Copyright: Ontario Superior Court Certifies Class Action for Infringement of Copyright in Lawyer's Court Documents By: Matthew Estabrooks

Justice Perell of the Ontario Superior Court certified a class action against Thomson Reuters Canada Ltd. claiming infringement of the copyright in documents filed in court by lawyers and paralegals. Lorne Waldman, a prominent Toronto immigration lawyer and the representative plaintiff, alleges that the "Litigator" service, offered by Thomson's legal publishing arm, Carswell, infringes the copyright of the class members by making available, without permission and for a fee, copies of court documents authored by the lawyers and law firms which make up the proposed class.

Justice Perell, in a decision that thoroughly canvases the law of class action certification, granted certification.

Read the full article - Class Actions and Copyright: Ontario Superior Court Certifies Class Action for Infringement of Copyright in Lawyer's Court Documents

Does attornment trump arbitration and choice of forum clauses? By: D. Lynne Watt and Erin Brownlee

On February 10th 2012, the Supreme Court of Canada heard a landmark case that has the potential to change the way arbitration and choice of forum clauses are enforced in this country.

In Momentous.ca Corporation et al. v. Canadian American Association of Professional Baseball et al., 2010 ONCA 722, 103 O.R. (3d) 467, the Court was faced with a conflict surrounding the downfall of the Ottawa Rapidz professional baseball team, owned by subsidiary companies of...