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22 Nov 2017, 4:00 am by Sarah Sutherland
As the British Columbia Court of Appeal stated in Niedermeyer v Charlton, 2014 BCCA 165 (CanLII) at para. 79: “the discussion of public policy in Tercon tends to focus on the conduct of the party who seeks to rely on the exclusion clause” [emphasis in original]. [read post]
15 Dec 2011, 3:47 pm
An order granting enforcement of the Commission’s subpoena and the associated civil investigative demands (CID) (2010-2 Trade Cases 77,215) was affirmed.The manufacturer accounts for approximately 70 percent of the latex condoms sold in the United States. [read post]
18 Nov 2011, 1:53 pm
Golden Valley Electric Association, Inc., CCH State Unfair Trade Practices Law 32,352. [read post]
20 Jul 2015, 12:59 pm by emagraken
The revised question, to which the above answer was given, was stated in this way at para. [read post]
10 May 2012, 5:00 am by Bexis
  We’re pleased to report that, in Martin v. [read post]
28 Dec 2015, 3:22 pm by Giles Peaker
The origin of the adverb was in the judgment of Rix LJ in McHale v Earl Cadogan [2010] HLR 412, para. 17. [read post]
5 Jan 2022, 7:16 am
(Motion Opinion 4.2, p. 20).The issue, then, is one of fundamental incompatibility of approaches to the relationship between legal rules and their administration by functionaries. [read post]
1 May 2008, 12:14 pm
These paras, 27-31 are well worth reading as a masterpiece of teleological analysis. [read post]
21 Sep 2015, 2:01 am by Eleonora Rosati
" (para 32).... also makes a comfortable seat(dog not referred to CJEU though)The Court noted that this approach could be seen as a departure from its previous ruling in Cassina [here], in which it held that the distribution to the public only takes place where there is a transfer of the ownership of that object (paras 33, 36 and 41). [read post]
21 Jan 2016, 2:09 am
As IPKat readers will remember, there are two cases currently pending before the Court of Justice of the European Union (CJEU), ie GS Media [here] and Filmspeler, which will require everybody’s favourite court to address this very issue [here and here tables summarising the state of the art regarding linking in Europe at the moment].In the meantime, Katfriend and IP enthusiast Nedim Malovic (Stockholm University) has provided a recap of what has happened since… [read post]