Tag Archives: Clark Wilson

Austeville Properties Ltd. v. Josan et al.: Exploding Taco Del Mar makes for Interesting Application of the Corporate Identification Doctrine and New Law on Insurance Covenants

By Samantha Ip & Sean Tessarolo (respectively counsel and articled student for the corporate tenant at trial)

Many in Vancouver will remember when the Taco Del Mar restaurant on West Broadway exploded in the early morning hours of February 13, 2008. That explosion resulted in damage to the office building which contained the Taco Del Mar and to buildings across the street. Austeville Properties Ltd. v. Josan et al., 2016 BCSC 1963 is an action that arose out of the efforts of the landlord’s insurer to recover over $3 million paid out to the landlord for property damage repairs and business interruption losses arising from that explosion. The landlord’s insurer brought a subrogated action in the name of the plaintiff landlord against its corporate tenant and several other individuals including the only two directors of the corporate tenant, Mr. and Mrs. Nandha.

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Interlisting on US OTCQX (Premier Market) About To Get Much Easier: and We Can Help!

By Bernard Pinsky

OTC Markets Group has published proposed amendments for qualification rules to list on the OTCQX for all companies, including Canadian and other International public companies. These rules are scheduled to become effective on January 1, 2017.

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Clark Wilson LLP launches online system to help investors complete subscription agreements

By Victor Dudas

While being a public company is not easy, issuers accept the added costs and challenges because of the added benefits, like liquidity and increased access to capital.

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Insurers Take Note: Special Costs Awarded for Coverage Denial Despite No Reprehensible Conduct

by Raman Johal

For the first time in BC, a Court has decided that an insured is entitled to special costs, rather than the lower tariff costs, solely because they were successful in a coverage action against their insurer.

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Insurers with a “Direct Interest” may Join the Party

By Daniel Paperny

1. Introduction

The BC Supreme Court’s recent decision in MacPherson v White, 2016 BCSC 1151 establishes that an insurer can successfully apply to be added as a party to a lawsuit which it has a direct interest in, even if the insurer has no contractual right or legislative standing to be added.

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Trader Joe’s trying to make Pirate Joe’s “walk the plank” in U.S. trade-mark case

pirates-1440445_1920In the ongoing dispute between Michael Hallatt, a Vancouver businessman, and U.S. based retailer Trader Joe’s, the United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) has overruled the 2013 decision of the U.S. District Court for the Western District of Washington (the “District Court”) not to hear Trader Joe’s claim against Hallatt for, among other things, trade-mark infringement, dilution, unfair competition and false advertising.

The dispute arose out of Hallatt’s purchase of products from Trader Joe’s stores in the U.S., particularly in the state of Washington, for resale in Canada (there are no Trader Joe’s stores in Canada).  Hallatt has and continues to mark up and re-sell Trader Joe’s products at his store in Vancouver, named Pirate Joe’s.

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Trader Joe’s trying to make Pirate Joe’s “walk the plank” in U.S. trade-mark case

In the ongoing dispute between Michael Hallatt, a Vancouver businessman, and U.S. based retailer Trader Joe’s, the United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) has overruled the 2013 decision of the U.S. District Court for the Western District of Washington (the “District Court”) not to hear Trader Joe’s claim against Hallatt for, among other things, trade-mark infringement, dilution, unfair competition and false advertising.

The dispute arose out of Hallatt’s purchase of products from Trader Joe’s stores in the U.S., particularly in the state of Washington, for resale in Canada (there are no Trader Joe’s stores in Canada).  Hallatt has and continues to mark up and re-sell Trader Joe’s products at his store in Vancouver, named Pirate Joe’s.

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Combatting Counterfeiting

While implementation of the significant reforms to the Trade-marks Act in Canada that were passed in 2014 has been very slow, one area that has been implemented is the amendments to combat counterfeiting. The amendments are an attempt to change the international reputation of Canada as a laggard in battling counterfeiting.

The amendments brought into force on January 1, 2015 assist both trade-mark and copyright owners in their efforts to stop the distribution and importation into Canada of counterfeit goods.

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Recent Additions to the Technology and Intellectual Property Group

We are pleased to welcome two recent additions to our Technology and Intellectual Property Group: Scott Lamb and Stephanie Mui

Scott is a partner of the firm and is a member of the Technology, Intellectual Property and Infrastructure, Construction & Procurement Groups. Prior to joining us, Scott practiced with Richards Buell Sutton LLP in Vancouver as well as with a national law firm in Toronto. His legal expertise in intellectual property, construction and privacy law has led him to become a prolific author, editor, lecturer and media interviewee in these areas of law. Scott is a registered Trade-mark Agent. He is also accredited by the Canadian Intellectual Property Office (CIPO) and the Intellectual Property Institute of Canada (IPIC) as authorized to speak on their behalf as part of the Bank of Speakers initiative to heighten awareness of intellectual property in the business community.

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Be a Winner: Complying with Canadian Contest Laws

By Monica Sharma

Promotional contests can be a great way to obtain brand exposure and generate consumer loyalty for the products and services of a business. With the rise of social media, business owners now have an additional platform to run contests and reach even more consumers than ever before. Canadian contest law regulates contests, both online and offline, through a variety of statutes and regulations. Operators of contests should be aware of the legislative framework for running contests in Canada and ensure that their Canadian contests and contest rules are compliant with the legislation. Non-compliant contests could result in heavy penalties.

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