vLex Canada

Case Law

Draft Bills

  • Food Safety Attorney, William Marler, calls on U.S. FDA and CDC to confirm or deny Canada’s decision that the cause of the Salmonella Outbreak is Red Onions from the U.S.

    July 31, 2020 (Seattle) Last evening, according to Canada Health Authorities, as of July 30, 2020, there have been 114 confirmed cases of Salmonella Newport illness linked to this outbreak in the following provinces: British Columbia, Alberta, Manitoba, Ontario, and Prince Edward Island. According to those same officials, individuals who became ill reported eating red... (See Article)

    Aug 5, 2020 8:32 AM

  • Marler Clark files first Onion Salmonella Lawsuit against Thomson International

    (San Diego) Today, Marler Clark filed the first Salmonella Lawsuit linked to Salmonella Newport – tainted Onions from Thomson International of Bakersfield in San Diego State Court.  Marler Clark is working with Craig Murphy of Murphy & Murphy on behalf of Keith Robert Willis of San Diego who became sick on July 1 with Salmonella... (See Article)

    Aug 5, 2020 6:33 AM

  • À savoir sur la pandémie : exigences en matière de couvre-visage pour les employeurs sous réglementation fédérale au Canada

    Dans certaines provinces, les masques et les couvre-visage sont maintenant, ou deviendront bientôt, obligatoires dans certains établissements intérieurs accessibles au public, notamment en Ontario (en anglais seulement), au Québec, en Alberta et en Colombie-Britannique (en anglais seulement), ou dans certaines parties de ces provinces. Récemment, au Canada atlantique, la Nouvelle-Écosse a également annoncé que des... (See Article)

    Aug 5, 2020 6:33 AM

  • Summary of various COVID-19 measures instituted by Health Canada

    Health Canada has instituted numerous measures to help address and combat COVID-19, from facilitating access to COVID-19 products to protecting the public from false or misleading advertisements claiming to prevent, treat or diagnose COVID-19... (See Article)

    Aug 5, 2020 6:32 AM

  • Sysco recalls red onions in Canada because of Salmonella link; U.S. mum

    Editor’s note: After this story published the U.S. Food and Drug administration and the U.S. Centers for Disease Control and Prevention posted outbreak updates naming Thomson International, a California company, as the source of implicated red onions. Read our coverage here. According to the Public Health Agency of Canada, as of Thursday there have been... (See Article)

    Aug 4, 2020 8:32 AM

  • Canadian recall of onions expands because of link to outbreak

    Because of a link to a multi-country Salmonella outbreak, Thomson International is recalling all of its onions in Canada. A similar recall is underway in the U.S. Some of the onions are not labeled. “These products may also have been purchased online or through various restaurant locations. They may also have been sold in bulk... (See Article)

    Aug 4, 2020 8:32 AM

  • Thomson recalls all onions from the entire U.S. because of link to Salmonella Newport outbreak

    Thomson International Inc. is recalling all of its onions, regardless of color, from all 50 states. Similar to a recall in Canada, the U.S. recall is because of links to a Salmonella Newport outbreak that has sickened a total of 510 people across both countries.  Of the infected people, 396 are from 34 U.S. states.... (See Article)

    Aug 4, 2020 6:33 AM

  • Thomson International Inc. of Bakersfield, California is recalling Red, Yellow, White, and Sweet Yellow Onions over Salmonella risk

    Onions were distributed to wholesalers, restaurants, and retail stores in all 50 states, the District of Columbia and Canada. Thomson International Inc. of Bakersfield, California is recalling Red, Yellow, White, and Sweet Yellow Onions shipped from May 1, 2020 through the present.  The onions are being recalled because they have the potential to be contaminated... (See Article)

    Aug 4, 2020 6:33 AM

  • Investissement étranger au Canada : Les délais peuvent être prolongés aux termes d’une nouvelle loi

    Le 27 juillet 2020, la Loi sur les délais et autres périodes (COVID-19) est entrée en vigueur. Cette nouvelle loi accorde au ministre de l’Innovation, des Sciences et de l’Industrie (le « ministre ») le pouvoir de prolonger les délais des examens relatifs à la sécurité nationale en vertu de la Loi sur Investissement Canada (la « LIC »). (See Article)

    Aug 4, 2020 6:32 AM

  • Scarborough Health Network v. Canadian Union of Public Employees - 2020 ONSC 4577

    Pursuant to an order of the Minister of Health and Long-Term Care, made November 23, 2016, three hospital campuses were merged (the Birchmount and General campuses of The Scarborough Hospital and the Centenary campus of the Rouge Valley Health System). As a by-product, following a decision of the Ontario Labour Relations Board made on May 8, 2018 under the Public Sector Labour Relations Transition Act, 1997, six pre-merger groups of employees were reconstituted as a single bargaining unit represented by the Respondent. The new bargaining unit contains approximately 2,100 members. Although the hospital and the union agree on some terms for a new collective agreement, others remained outstanding, among them the issue of how to harmonize the wages of the different employee classifications coming from three previously separate locations. This, and other issues, became the subject of an “interest arbitration.” (See Decision)

    Aug 4, 2020 2:06 AM

  • Quebec Superior Court Grants COVID-19 Rent Relief

    On July 16, 2020, the Superior Court of Quebec (Court) issued a noteworthy judgment in the matter of Hengyun International Investment Commerce Inc. v. 9368-7614 Québec inc. In this judgment, Justice Kalichman interpreted the force majeure clause in a commercial lease in the context of the COVID-19 pandemic and granted rent relief to the tenant. (See Article)

    Aug 3, 2020 6:32 PM

  • Red Onion Salmonella Outbreak Explodes in US and Canada

    According to Canada, as of July 30, 2020, there have been 114 confirmed cases of Salmonella Newport illness linked to this outbreak in the following provinces: British Columbia (43), Alberta (55), Manitoba (13), Ontario (2), and Prince Edward Island (1). The individual from Prince Edward Island reported traveling to Alberta before becoming ill. Saskatchewan has... (See Article)

    Aug 3, 2020 10:33 AM

  • 510 sickened with Salmonella Newport by Thomson International Red Onions

    Oregon has 71 ill, Utah has 61 ill, California has 49, Montana has 33 ill, Michigan has 23 and British Columbia has 43 ill and Alberta has 55 ill. The FDA, along with CDC and state and local partners, is investigating a multistate outbreak of Salmonella Newport infections. The Public Health Agency of Canada is also investigating an outbreak of Salmonella Newport... (See Article)

    Aug 3, 2020 8:33 AM

  • Sysco Recalls United State Onions in Canada, but no Recall in the United States?

    Sysco is recalling pink onions imported from the USA from {the marketplace} attributable to attainable Salmonella contamination. Shoppers mustn’t devour the recalled merchandise described under or meals containing these uncooked pink onions. Meals service institutions, establishments, retailers, distributors and producers mustn’t serve, use, or promote the recalled merchandise described under. These can also have been... (See Article)

    Aug 3, 2020 8:33 AM

  • Canada Emergency Wage Subsidy: New Asset Acquisition Rules

    One of the criticisms of the Canada Emergency Wage Subsidy (CEWS), as originally implemented, was that employers which acquired revenue-generating assets between the qualifying period and the historical comparison period often found it difficult to meet the qualification requirements for the CEWS due to the increased revenue earned on the new assets. Where business assets were acquired after the relevant prior reference period, the comparison of qualifying revenues for a current reference period might not reflect the true economic impact of the COVID-19 pandemic on the eligible entity's revenues. On July 27, 2020, Bill C-20, An Act respecting further COVID-19 measures received Royal Assent. Part I of the legislation extended the CEWS to December 19, 2020, and redesigned certain key features of the program, including providing a revenue continuity rule in the case of certain asset acquisitions. (See Article)

    Aug 3, 2020 8:32 AM

  • JULUCA CSP application remitted to Minister of Health for reconsideration

    In a decision dated July 10, 2020, the Federal Court in ViiV Healthcare ULC v The Minister of Health, 2020 FC 756 remitted another application for a Certificate of Supplementary Protection (CSP) to the Minister of Health for reconsideration.  This is the second Court decision on CSPs, and the second time the Court has sent the matter back to the Minister for reconsideration. ... (See Article)

    Aug 3, 2020 8:32 AM

  • FDA, CDC say Thomson onions behind mysterious Salmonella outbreak

    Federal officials in the U.S. say a California company will be recalling red onions because a Salmonella Newport outbreak has been traced to them, but as of Friday night that recall was not posted. The red onions from Thomson International Inc. are the likely source of the outbreak, which has sickened more than 500 people... (See Article)

    Aug 3, 2020 6:33 AM

  • Frank Yiannas and the FDA link nearly 400 US Salmonella Newport illnesses to Thomson International Red Onions – Recall Announced

    Counting Canadian illnesses (114), at least 510 with Salmonella Newport.  Note – CDC, just posted its numbers. The FDA, along with CDC and state and local partners, is investigating a multistate outbreak of Salmonella Newport infections. The Public Health Agency of Canada is also investigating an outbreak of Salmonella Newport illnesses that have a genetic fingerprint closely related to... (See Article)

    Aug 3, 2020 6:33 AM

  • Foreign Investment in Canada: Time Periods May Be Extended Under New Legislation

    On July 27, 2020, the Time Limits and Other Periods Act (COVID-19) came into force. This new law gives the Minister of Industry, Science and Innovation (Minister) the authority to extend national security review time periods under the Investment Canada Act (ICA). (See Article)

    Aug 3, 2020 6:32 AM

  • The Provincial Government Introduces Sweeping Changes to Alberta's Workplaces

    When the United Conservative Party (UCP) took power in Alberta in 2019, the government introduced Bill 2, An Act to Make Alberta Open for Business, which reversed many of the changes to employment standards and labour relations implemented by the previous provincial government. On July 7, 2020, the UCP introduced Bill 32, Restoring Balance in Alberta's Workplaces Act. (See Article)

    Aug 3, 2020 6:32 AM

  • Managing IP risk in our digital world

    Data analytics, digital platforms, robotics, virtual assistants, blockchain, IoT and wearables: companies are prioritizing and investing heavily in implementing new capabilities and technology priorities. While these capabilities and technologies promise increased business outcomes and the delivery of new value propositions for customers, every one of these gives rise to a number of intellectual property (IP) risks involving third party rights. (See Article)

    Aug 3, 2020 6:32 AM

  • Co-branding: One product, two trademarks – who has the rights?

    Co-branding is usually understood as the use of two or more trademarks on a single product, each mark belonging to a different owner and pointing to a different source. A common example of co-branding is a brand A car with brand B tires and a brand C sound system.  In this instance there is likely a trademark for the finished product and other distinct marks for parts or components of the finished product. However, when two trademarks appear on one product (i.e. a manufacturer’s trademark and a retailer’s trademark) the situation becomes more complex. (See Article)

    Aug 3, 2020 6:32 AM

  • Nova Scotia (Attorney General) v. Judges of the Provincial Court and Family Court of Nova Scotia - 2020 SCC 21

    This appeal, along with its companion appeal, British Columbia (Attorney General) v. Provincial Court Judges’ Association of British Columbia, 2020 SCC 20, requires that this Court balance several constitutional imperatives: the financial dimension of judicial independence, the shared responsibility of the executive and legislature to make decisions about public money, and the public interest in having the executive conduct its internal business in confidence. (See Decision)

    Aug 1, 2020 2:07 PM

  • Chokheli v. Canada (Citizenship and Immigration) - 2020 FC 800

    This is an application for judicial review of a decision made by the Refugee Protection Division (RPD) on June 13, 2019 in which it allowed the Respondent’s application under subsection 108(2) of the Immigration and Refugee Protection Act, SC 2001, c 27 (IRPA) for cessation of the Applicant’s refugee status, the result of which was that the Applicant’s claim for protection was deemed rejected under subsection 108(3), and was so ordered by the RPD (Decision). (See Decision)

    Aug 1, 2020 2:07 PM

  • British Columbia (Attorney General) v. Provincial Court Judges’ Association of British Columbia - 2020 SCC 20

    This appeal arises in litigation that implicates the relationship between two branches of the state. It requires this Court to balance several constitutional imperatives relating to the administration of justice and the separation of powers between the executive, legislative and judicial branches of the state: the financial dimension of judicial independence; the shared responsibility of the executive and legislature to make decisions about public money; and the public interest in ensuring the executive can conduct its internal business in confidence. (See Decision)

    Aug 1, 2020 2:07 PM

  • Agbeja v. Canada (Citizenship and Immigration) - 2020 FC 781

    The applicants are all members of a Nigerian family who seek refugee status in Canada under the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA”). (See Decision)

    Aug 1, 2020 2:07 PM

  • Natco Pharma (Canada) Inc. v. Canada (Health) - 2020 FC 788

    Health Canada refused to accept Natco Pharma (Canada) Inc’s abbreviated new drug submission (ANDS) for a drug that contains two medicinal ingredients, tenofovir alafenamide hemifumarate (TAF) and emtricitabine. Health Canada concluded that Natco’s ANDS was prohibited by the data protection provisions of the Food and Drug Regulations, CRC, c 870. Under those provisions, a manufacturer may not file an ANDS for a new drug “on the basis of a direct or indirect comparison between the new drug and an innovative drug” for a defined period. (See Decision)

    Aug 1, 2020 2:07 PM

  • Xue v. The Queen - 2020 TCC 72

    These Appeals concern the reassessments of two individuals and a corporation, namely Stuart Xue (“Mr. Xue”), Stephanie Xue (“Mrs. Xue”) and Coastridge Enterprises Ltd. (“Coastridge”). All reassessments relate to the operation of a restaurant in Burnaby, British Columbia. (See Decision)

    Jul 31, 2020 2:07 PM

  • Boparai v. Canada (Citizenship and Immigration) - 2020 FC 785

    Mr. Kirpal Singh Boparai seeks judicial review of the October 3, 2019, decision of the Immigration Appeal Division (IAD) dismissing his appeal of the decision rendered by the Immigration Section of the Canadian High Commission in India (IS) on January 14, 2019. (See Decision)

    Jul 31, 2020 2:07 PM

  • A.H.A. v. Canada (Citizenship and Immigration) - 2020 FC 787

    The concept of an internal flight alternative [IFA] is inherent in the definition of “refugee”: a refugee protection claimant must be a refugee from a country, not a region of a country (Rasaratnam v Canada (Minister of Employment and Immigration), [1992] 1 FC 706 at p 710 [Rasaratnam]). The two-prong test for determining whether there is an IFA is well established in the case law. First, the Refugee Appeal Division [RAD] must find that, on a balance of probabilities, there is no serious risk that a claimant will be persecuted or personally subjected to a risk as defined in section 97 of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA], in the area designated as an IFA. (See Decision)

    Jul 31, 2020 2:07 PM