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Canada: "Off-The-Clock" Overtime Class Actions Turned On As Supreme Court Of Canada Denies Leave To Appeal - Stikeman Elliott LLP

The Supreme Court of Canada has recently dismissed the applications for leave to appeal two decisions of the Court of Appeal for Ontario with costs: Fulawka v. Bank of Nova Scotia and Fresco v. Canadian Imperial Bank of Commerce.        

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Canada: On Account Of Damages: Doesn't Always Mean That Damages Must First Be Proven - McMillan LLP

A recent decision of the British Columbia Court of Appeal, released February 5, 2013, has held that where a buyer has paid a deposit with respect to the purchase of real property and then subsequently fails to complete the transaction, the deposit will be forfeited by the buyer without the seller needing to prove damages provided the contract states that the deposit will be forfeited "on account of damages."        

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Canada: The Court Of Appeal Confirms That The Policyholder And The Insurer May Agree To Modify The Provisions Of A Group Insurance Contract Without Consulting The Participants - Lavery De Billy

The decision of the Court of Appeal in the La Capitale case has been expected since February 2012 when the Superior Court dismissed the class action taken against an insurer who, with the consent of the policyholder, had unilaterally modified the waiver of premiums clause in a group insurance contact.        

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Ireland: Kit Kat 3D Mark Gets Its Big Break - Matheson

In Société des Produits Nestlé SA v Cadbury Holdings Ltd, the Second Board of Appeal of the Office for Harmonisation in the Internal Market has overturned a decision of the Cancellation Division.        

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Canada: Court Of Appeal Decision Highly Awaited On the Authorization To Institute An Action Under The Secondary Market Liability Provisions Of Section 225.4 Of The Securities Act - Fasken Martineau

On February 24, 2012, the Superior Court rendered the first decision in Quebec on the application of the new provisions of the Securities Act (the "Act") regarding secondary market liability (121851 Canada inc. c. Theratechnologies inc. – available in French only).        

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