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Contributor's Archive

W. Michael G. Osborne

Affleck Greene McMurtry LLP

Michael Osborne is a former Partner of Affleck Greene McMurtry LLP

Appeal court allows patent conspiracy allegations to proceed

On June 14, the Federal Court of Appeal reversed a decision of the Federal Court that struck out a claim by Apotex Inc. that an assignment of a patent by ... [more] Full article

Competition Tribunal orders sale of landfill (again); CWS appeals (again)

Canadian Waste Services has appealed the latest Tribunal decision in its long-running merger case to the Federal Court of Appeal. On June 28, 2004, the Competition Tribunal rejected CWS "change of circumstances" application that sought to rescind the Tribunal’s October 2001, order that it sell the Ridge landfill. The Tribunal made that order after concluding that CWS’ acquisition of the Ridge would substantially lessen and prevent competition. [more] Full article

Withdrawing a bid not “bid-rigging”, court finds

In R. v. Rowe[1], the Ontario Superior Court found that the offence of bid-rigging, in s. 47 of the Competition Act does not include withdrawing a bid or tender. Two ... [more] Full article

3Com wins nearly US$10 million in two grey marketing fraud cases

3Com, a manufacturer of computer networking equipment and voice over IP telephones, won a total of US$9.9 million in damages in two recent Ontario decisions. On April 29, 2004, Mr Justice Juriansz awarded 3Com US$6.5 in damages against re-seller Zorin International Corp. and its principals, Sam Marotta and Domenic Sicilia for deceit. Earlier, on March 19, 2004, Madam Justice Lang awarded 3Com US$3.4 million in damages against re-seller Intelligent Decisions Inc. (IDI). These are believed to be the largest damage awards ever in grey marketing fraud cases in North America. [more] Full article

Getting Interest Rates Right

In April 2004, the Supreme Court ordered Enbridge Gas Distribution to pay back late payment penalties charged to gas customers that exceeded the limit on interest rates in the Criminal Code. This decision provides a reminder that companies that are not careful in setting interest rates can get into trouble. [more] Full article