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Case Law

lPSource contains a comprehensive collection of intellectual property, civil practice, electronic commerce and information technology cases from all Canadian jurisdictions.

The full text case coverage on IPSource includes:

· All court and tribunal decisions ever published in the Canadian Patent Reporter (1942- )

· All court and tribunal decisions ever published in Carswell law reports, including the Canadian Intellectual Property Reports (1984-1990) and Fox Patent Cases (1940-1971)

· Federal Court decisions reported in the Federal Court Reports from 1971, Exchequer Court decisions through 1970, and Federal Trial Reports from 1977

· Supreme Court of Canada and Privy Council decisions from 1876

· Decisions of the Copyright Board from 1991

· Decisions of the Commissioner of Patents, Patent Appeal Board and Patent Review Board from 1967

· Decisions of the Trade-marks Opposition Board (Registrar of Trade-marks) from 1982

· Decisions of the Canadian Artists and Producers Professional Relations Tribunal from 1995

· Decisions of the Canadian Internet Registration Authority from 2002

and in addition to these:

From the Canadian Common Law Jurisdictions:

· Other reported court decisions from 1977

· Other reported tribunal decisions from 1997

· Unreported court decisions from 1986

From Quebec:

· Court of Appeal cases reported by Soquij in Jurisprudence Express from 1986 and other selected cases

· Superior Court cases reported by Soquij in Jurisprudence Express from 1986 and other selected cases

· Court of Quebec cases reported by Soquij in Jurisprudence Express since 1986 and other selected cases

Full-text Decisions from Carswell Law Report Series

Complete coverage of intellectual property, civil practice, electronic commerce and information technology decisions ever published in Carswell law reports. These include:

Administrative Law Reports (Admin. L.R.)

1983-

Alberta Law Reports (Alta. L.R.)

1908-33 *

Alberta Law Reports (Alta. L.R.)

1977-

British Columbia Law Reports (B.C.L.R.)

1977-

Business Law Reports (B.L.R.)

1977-

Canada G.S.T. Cases (G.S.T.C.)

1992-

Canada Tax Cases (C.T.C)

1917-

Canadian Bankruptcy Reports (C.B.R.)

1920-

Canadian Cases on Employment Law (C.C.E.L.)

1983-

Canadian Cases on the Law of Insurance (C.C.L.I.)

1983-

Canadian Cases on the Law of Securities (C.C.L.S.)

1994-98 *

Canadian Cases on the Law of Torts (C.C.L.T.)

1976-

Canadian Cases on Pensions and Benefits (C.C.P.B.)

1994-

Canadian Environmental Law Reports (C.E.L.R.)

1987-

Canadian Intellectual Property Reports (C.I.P.R.)

1984-90 *

Carswell's Practice Cases (C.P.C)

1976-

Construction Law Reports (C.L.R.)

1983-

Coutlee's Canada Supreme Court Cases (Cout. S.C.)

1875-1906 *

Criminal Reports (C.R.)

1946-

Eastern Law Reporter (E.L.R.)

1906-14 *

Estates and Trusts Reports (E.T.R.)

1977-

Fox Patent Cases (Fox Pat.C.)

1940-71 *

Immigration Law Reporter (Imm.L.R.)

1987-

Maritime Provinces Reports (M.P.R.)

1929-68 *

Motor Vehicle Reports (M.V.R.)

1977-

Municipal and Planning Law Reports (M.P.L.R.)

1976-

New Brunswick Reports (N.B.R.)

1867-1929 *

Northwest Territories Reports (N.W.T.R.)

1983-98 *

Nova Scotia Reports (N.S.R.)

1886-1929 *

Ontario Practice Reports (P.R.)

1896-1904 *

Ontario Reports (O.R.)

1935-56

Ontario Weekly Reporter (O.W.R.)

1902-16 *

Personal Property Security Act Cases (P.P.S.A.C.)

1977-

Real Property Reports (R.P.R.)

1977-

Reports of Family Law (R.F.L.)

1971-

Saskatchewan Law Reports (Sask. L.R.)

1916-31 *

Western Law Reporter (W.L.R.)

1905-16 *

Western Weekly Reports (W.W.R.)

1911-

* Start and end dates are provided for discontinued report series published by Carswell or its licensors.

Full-text Decisions from non-Carswell Law Report Series

Unless otherwise stated, our case law collection covers intellectual property, civil practice, electronic commerce and information technology court decisions appearing in the following reporters back to 1977 and intellectual property, civil practice, electronic commerce and information technology tribunal decisions from 1997.

British Columbia Appeal Cases (B.C.A.C.)

Canadian Criminal Cases (C.C.C.)

Canadian Human Rights Reporter (C.H.R.R.)

Canadian Labour Law Cases (C.L.L.C.)

Canadian Native Law Reporter (C.N.L.R.)

Canadian Rights Reporter (C.R.R.)

Dominion Law Reports (D.L.R.)

Dominion Tax Cases (D.T.C.)

Federal Trial Reports (F.T.R.)

Insurance Law Reporter (I.L.R.)

Labour Arbitration Cases (L.A.C.)

Land Compensation Reports (L.C.R.)

Manitoba Reports (Man. R.)

New Brunswick Reports (N.B.R.)

National Reporter (N.R.)

Nova Scotia Reports (N.S.R.)

Newfoundland and Prince Edward Island Reports (Nfld. & P.E.I.R.)

Ontario Appeal Cases (O.A.C.)

Ontario Reports (O.R.)

Saskatchewan Reports (Sask. R.)

Note:

i.) Decisions from non-Carswell law report series have either been published in Carswell's own law reports, collected from our own archives, or gathered directly from the courts by Carswell before they are entered into WestlaweCARSWELL.

ii.) Carswell's editorial staff classifies these cases, and adds our own headnotes and other value-added information to them.

Full-text Decisions from the Supreme Court of Canada and Privy Council

Coverage includes intellectual property, civil practice, electronic commerce and information technology decisions of the Supreme Court of Canada since its establishment in 1875 as well as Privy Council decisions arising out of Canadian courts.

Full-text Decisions from Federal Courts

Coverage includes intellectual property, civil practice, electronic commerce and information technology decisions reported in the Federal Court Reports from 1971 forward (with coverage of reported decisions of the Exchequer Court from 1875 to 1970) and decisions reported in Federal Trial Reports from 1977.

Full-text Decisions from Quebec Courts

Coverage of Québec cases is as follows:

· Court of Appeal cases reported by Soquij in Jurisprudence Express from 1986 and other selected cases

· Superior Court cases reported by Soquij in Jurisprudence Express from 1986 and other selected cases

· Court of Quebec cases reported by Soquij in Jurisprudence Express since 1986 and other selected cases

Legislation

The IPSource legislation database contains the full text of all federal, provincial and territorial legislation essential to intellectual property, information technology and electronic-commerce law practice.

Federal Legislation

Source’s federal legislative collection includes the following in both English and French:

· Bank Act

· Canada Agricultural Products Act

· Canada Evidence Act

· Canada Post Corporation Act

· Competition Act

· Consumer Packaging and Labelling Act

· Copyright Act and Regulations

· Courts Administration Service Act

· Criminal Code

· Export and Import Permits Act

· Federal Courts Act and Rules

· Geneva Conventions Act

· Industrial Design Act and Regulations

· Integrated Circuit Topography Act and Regulations

· Meat Inspection Act

· Patent Act, Rules and Regulations

· Personal Information Protection and Electronic Documents Act and Regulations

· Plant Breeders' Rights Act and Regulations

· Precious Metals Marking Act and Regulations

· Public Servants Inventions Act and Regulations

· Status of the Artist Act

· Telecommunications Act

· Textile Labelling Act

· Trade-Marks Act and Regulations

Legislation - Provincial

IPSource’s provincial legislative collection includes the following:

Alberta

· Alberta Evidence Act

· Electronic Transactions Act and Regulations

· Fair Trading Act

· Health Information Act and Regulations

· Internet Sales Contract Regulation

· Personal Information Protection Act and Regulations

British Columbia

· Business Practices and Consumer Protection Act and Regulations

· Electronic Transactions Act

· Electronic Court Documents Regulation

· Personal Information Protection Act and Regulations

Manitoba

· The Common Business Identifiers Regulation

· The Consumer Protection Act

· The Electronic Commerce and Information Act

· The Internet Agreements Regulation

· The Manitoba Evidence Act

· The Personal Health Information Act and Regulations

New Brunswick

· Electronic Transactions Act and Regulations

· Evidence Act

Newfoundland and Labrador

· Electronic Commerce Act

Nova Scotia

· Consumer Protection Act

· Electronic Commerce Act

· Internet Sales Contract Regulations

Nunavut

· Electronic Commerce Act

Ontario

· Consumer Protection Act, 2002 and Regulations

· Electronic Commerce Act, 2000

Prince Edward Island

· Electronic Commerce Act

· Electronic Evidence Act

Quebec

· An Act Respecting the Protection of Personal Information in the Private Sector

· An Act to Establish a Legal Framework for Information Technology

· Civil Code of Quebec

Saskatchewan

· The Health Information Protection Act

· The Electronic Information and Documents Act, 2000 and Regulations

· The Saskatchewan Evidence Act

Yukon

· Electronic Evidence Act

Related Materials

The following topical legislation-related materials are included in IPSource. They can be browsed from the table of contents for commentary and searched by means of the “Legislation and Related Materials” Template.

From BLG's Consolidated Intellectual Property Statutes and Regulations

· Approved Providers for Uniform Domain Name Dispute Resolution Policy (ICANN)

· Berne Convention for the Protection of Literary and Artistic Works with list of contracting parties

· Canadian Industrial Design Procedures Manual

· Canadian Presence Requirements for Registrants (CIRA)

· Competition Bureau Intellectual Property Enforcement Guidelines

· General Registration Rules (CIRA)

· Madrid Protocol for the International Registration of Marks with list of contracting parties

· Manual of Patent Office Practice

· Memorandum D19-4-3 – Copyright and Trade-Marks – Canada Customs and Revenue Agency

· Paris Convention for the Protection of Industrial Property with list of contracting parties

· Patent Cooperation Treaty with list of contracting parties

· Registrant Agreement (CIRA)

· Regulations under the Patent Cooperation Treaty

· Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations with list of contracting parties

· Rules for Uniform Domain Name Dispute Resolution Policy (ICANN)

· Universal Copyright Convention with list of contracting parties

· Uniform Domain Name Dispute Resolution Policy (ICANN)

· WIPO Copyright Treaty with agreed statements and list of contracting parties

· WIPO Performances and Phonograms Treaty with agreed statements and list of contracting parties

· Year in Review -- Copyright, Domain Names, Industrial Designs, Patents and Trade-marks

From BLG's Consolidated E-Commerce Statutes and Regulations

· Canadian Code of Practice for Consumer Protection in Electronic Commerce (Consumer Measures Committee)

· CIRA Domain Name Dispute Resolution Policy

· CIRA Domain Name Dispute Resolution Rules

· Competition Bureau Information Bulletin -- Application of the Competition Act to Representations on the Internet

· GST/HST Technical Information Bulletin B-090: GST/HST and Electronic Commerce (Canada Customs and Revenue Agency)

· Internet Sales Contract Harmonization Template (Consumer Measures Committee)

· Introductory commentary on electronic evidence and commerce, computer crime, and internet advertising, securities, taxation, consumer protection, and domain name dispute resolution

· National Policy 11-201 -- Delivery of Documents by Electronic Means

· National Policy 47-201 -- Trading in Securities Using the Internet and Other Electronic Means

· Principles for Electronic Authentication — A Canadian Framework (Industry Canada)

· Principles of Consumer Protection for Electronic Commerce — A Canadian Framework (Industry Canada)

· Rules for Uniform Domain Name Dispute Resolution Policy (ICANN)

· Toronto Stock Exchange Electronic Communications Disclosure Guidelines

· UNCITRAL Model Law on Electronic Commerce with Guide to Enactment, 1996

· Uniform Domain Name Dispute Resolution Policy (ICANN)

· Uniform Electronic Commerce Act

· Uniform Electronic Evidence Act

· Your Internet Business, Earning Consumer Trust: a guide to consumer protection for on-line merchants (Industry Canada)

Commentary

IPSource contains an extensive collection of Carswell's intellectual property, information technology and electronic commerce law commentary authored by leading practitioners. To see a complete list of available commentary, please consult the IPSource Table of Contents. Highlights of IPSource's commentary include:

· Canadian Copyright Act — Annotated Robic Leger (Carrière)

· Canadian Trade-marks Act — Annotated Robic Leger (Richard)

· Computer, Internet, and Electronic Commerce Law (Sookman)

· Copyright - Canadian Encyclopedic Digest (McKeown)

· Fox on Canadian Law of Copyright and Industrial Designs (McKeown)

· Fox on Canadian Law of Trade-marks and Unfair Competition (Joliffe & Gill)

· Intellectual Property Disputes: Resolutions and Remedies (Dimock)

· Life Sciences Law in Canada (Blanchard)

· Odutola on Canadian Trade-mark Practice (Odutola and Bourbonnais)

· Passing Off - Canadian Encyclopedic Digest (Durbin)

· Patents of Invention - Canadian Encyclopedic Digest (Morrow)

· Radio and Television - Copyright - Canadian Encyclopedic Digest (Eccles)

· Technology Contracting: Law, Precedents and Commentary (Limpert)

· Torts - Appropriation of Personality - Canadian Encyclopedic Digest (Durbin)

· Trademarks and Industrial Design - Canadian Encyclopedic Digest (Kratz)

Current awareness tools

Timely commentary by experts, including analysis of current developments and highlights of important new case law, legislation and policy. IPSource's current awareness tools include:

· Dimock Stratton's Intellectual Property Law Newsletter, published bi-monthly.

· Mann's Technology Newsletter, published bi-monthly.

· Journal articles from Carswell's Intellectual Property Journal (from 1997) and from the University of Ottawa Law & Technology Journal (from 2003).

Optional International Content

Access optional international content including Derwent World Patents Legal and Thomson CompuMark's TRADEMARKSCAN from links on the IPSource home page.