the E-commerce Law;
judicial policy, interpretations and guidelines issued by the
Supreme Court on issues such as jurisdiction, application of laws,
conflicts of rights, preliminary injunctions and evidence
preservation, among other things, in trademark-related
administrative, civil or criminal litigation;
rules, regulations or guidelines on trademark protection issued
by the competent authorities (eg, the Chinese National Intellectual
Property Administration (CNIPA), the State Administration for
Market Regulation (SAMR), the General Administration of Customs,
the Ministry of Public Security and the Supreme People s
Procuratorate);
guiding cases or typical cases published by the Supreme Court;
and
reference cases published by local High Courts, among
Introduction
The High Court in the recent case of
Ho Kean Pin v
Malayan Banking Berhad & Anor [2020] MLJU 1435
ruled that the inherent jurisdiction of the Court cannot be invoked
in favour of a successful bidder of a land purchased at a public
auction to extend the timeline for payment of the purchase price
as a result of the Movement Control Order
(
MCO ), without first ensuring that the
Chargor s interest is not in any way jeopardised by the
same.
Background Facts
The Plaintiff was the successful bidder at a public auction held
on 7.1.2020, whereby he had duly paid the deposit of 10% out of the
Bottom Line
In a recent decision, the Court of Appeal for
Ontario upheld the lower court s decision awarding a former
employee over $1.274 million as a result of the employer
unilaterally imposing a number of changes to the terms of
employment. The employment relationship was governed by a 10-year
fixed term contract with no termination provision. This is one of
the highest damage awards ever issued in a Canadian wrongful
dismissal case. It serves as a stark reminder to employers that
using fixed-term contracts can be extremely costly if they are not
carefully and properly drafted.
Background
The respondent, Grant McGuinty, sold his family s funeral
On January 27, 2021, amendments to the
Rules ) will take effect.
1 The
amendments will apply to all cases, including filings as of that
date in any ongoing cases. The principal changes introduced by the
amendments are to eliminate the requirement to have an Ottawa agent
for appeals, simplify the leave application process, and facilitate
the electronic filing of materials.
Ottawa agents
Parties to an appeal will no longer be required to engage an Ottawa agent (a lawyer practising in the National
Capital Region) to file materials and communicate with the Registry
on their behalf. This amendment allows for a more direct process,