Molson Canada 2005 v. Miller Brewing Co.
| Jurisdiction | Ontario |
| Court | Superior Court of Justice of Ontario (Canada) |
| Judge | Siegel, J. |
| Citation | [2013] O.T.C. Uned. 2758,2013 ONSC 2758,[2013] O.T.C. Uned. 2758 (SC) |
| Date | 20 June 2013 |
| Subject Matter | CONTRACTS,INJUNCTIONS,PRACTICE |
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12 practice notes
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Court Of Appeal Summaries (September 27 ' October 1)
...Procedure, Evidence, Credibility, Godson v. P. Burns & Co. (1919), 46 D.L.R. 97 (S.C.C.), Molson Canada 2005 v. Miller Brewing Company, 2013 ONSC 2758, R. v. Palmer, [1980] 1 S.C.R. 759. Longo v. MacLaren Art Centre, 2014 ONCA 526, 1632093 Ontario Inc. (Turn-Key Projects) v. York Condominiu......
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Court Of Appeal Summaries (September 27 ' October 1)
...Procedure, Evidence, Credibility, Godson v. P. Burns & Co. (1919), 46 D.L.R. 97 (S.C.C.), Molson Canada 2005 v. Miller Brewing Company, 2013 ONSC 2758, R. v. Palmer, [1980] 1 S.C.R. 759. Longo v. MacLaren Art Centre, 2014 ONCA 526, 1632093 Ontario Inc. (Turn-Key Projects) v. York Condominiu......
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Bargaining in Good Faith
...nuanced and modern understanding of commercial realities than the arbitrary and formulaic approach evidenced in the case law which 44 2013 ONSC 2758 [ Molson ]. 45 Ibid at para 96. 46 Ibid at para 102. 47 Ibid at para 104. 48 67 A 3d 330 (Del 2013). 49 TDL Group Corp v DXStorm.com Inc , 201......
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Da Prat v. Sault Ste. Marie and District Group Health Association
...General); Tabah v. Quebec (Attorney General), 1994 CanLII 89 (SCC), [1994] 2 SCR 339; Molson Canada 2005 v. Miller Brewing Company, 2013 ONSC 2758, at para. 132; 1003126 Ontario Ltd. v. Caterina DiCarlo, 2013 ONSC 278, at para. 27; Dilico Anishinabek Family Care v. Her Majesty the Queen (On......
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7 cases
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Da Prat v. Sault Ste. Marie and District Group Health Association
...General); Tabah v. Quebec (Attorney General), 1994 CanLII 89 (SCC), [1994] 2 SCR 339; Molson Canada 2005 v. Miller Brewing Company, 2013 ONSC 2758, at para. 132; 1003126 Ontario Ltd. v. Caterina DiCarlo, 2013 ONSC 278, at para. 27; Dilico Anishinabek Family Care v. Her Majesty the Queen (On......
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Royal Bank of Canada v. Peace Bridge Duty Free Inc.
...purposes, even if it does not lead to an agreement. Wilton-Siegel J. observed in Molson Canada 2005 v. Miller Brewing Company., 2013 ONSC 2758, 116 O.R. (3d) 108, at para.101 There may well be circumstances where injunction or other equitable relief is an appropriate remedy, for example, wh......
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2859824 Ontario Limited v. Gen Digital Inc.
...held to be irreparable harm in other commercial cases where injunctions have been granted: see Molson Canada 2005 v. Miller Brewing Co., 2013 ONSC 2758, 116 O.R. (3d) 108, at paras. [47] Interac’s vulnerability regarding Gen’s unilateral refusal to perform its contractual obligations is exp......
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CCI Bioenergy Inc. v. Veolia Water Canada, Inc.
...not speculative, and supported by the evidence. Inferences may be drawn from the evidence: Molson Canada 2005 v. Miller Brewing Company, 2013 ONSC 2758, 116 O.R. (3d) 108, at para. 132. [58] CCI claims it is sufficient to show that it is likely to suffer irreparable harm, or that there is a......
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4 firm's commentaries
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Court Of Appeal Summaries (September 27 ' October 1)
...Procedure, Evidence, Credibility, Godson v. P. Burns & Co. (1919), 46 D.L.R. 97 (S.C.C.), Molson Canada 2005 v. Miller Brewing Company, 2013 ONSC 2758, R. v. Palmer, [1980] 1 S.C.R. 759. Longo v. MacLaren Art Centre, 2014 ONCA 526, 1632093 Ontario Inc. (Turn-Key Projects) v. York Condominiu......
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Court Of Appeal Summaries (September 27 ' October 1)
...Procedure, Evidence, Credibility, Godson v. P. Burns & Co. (1919), 46 D.L.R. 97 (S.C.C.), Molson Canada 2005 v. Miller Brewing Company, 2013 ONSC 2758, R. v. Palmer, [1980] 1 S.C.R. 759. Longo v. MacLaren Art Centre, 2014 ONCA 526, 1632093 Ontario Inc. (Turn-Key Projects) v. York Condominiu......
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Good Faith Bargaining? Recent Decision Implies A Duty To Negotiate In Good Faith
...any breach of their commitment to negotiate in good faith was to have legal consequences. Molson Canada 2005 v. Miller Brewing Company, 2013 ONSC 2758 at para. 108. Do not agree to negotiate in good faith lightly. Before agreeing, parties should consider whether they are prepared to meet th......
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Issue Of Personal Jurisdiction Over Crown Defendants Still In Play (Intellectual Property Weekly Abstracts Bulletin: Week 0f July 1, 2013)
...Other Cases Interlocutory Injunction Granted to Prevent Termination of Licence Agreement Molson Canada 2005 v. Miller Brewing Company, 2013 ONSC 2758 This is a motion for an interlocutory injunction by Molson, to set aside and enjoin the notice of termination by Miller of a Licence Agreemen......
1 books & journal articles
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Bargaining in Good Faith
...nuanced and modern understanding of commercial realities than the arbitrary and formulaic approach evidenced in the case law which 44 2013 ONSC 2758 [ Molson ]. 45 Ibid at para 96. 46 Ibid at para 102. 47 Ibid at para 104. 48 67 A 3d 330 (Del 2013). 49 TDL Group Corp v DXStorm.com Inc , 201......