Can the directors of a corporation be held personally liable under section 122 C.B.C.A. upon bankruptcy of the corporation?

In the matter of Peoples Department Stores Inc. and Lionel Wise, Ralph Wise, Harold Wise v. Caron, Belanger, Ernst & Young Inc. and Chubb Insurance Company of Canada. Court of Appeal. 500-09-007536-980. 13 March 2003. Honourable Justices Robert, Nuss, Pelletier. 

Does the trustee in bankruptcy qualify as "complainant" in order to apply for an oppression remedy?

Dylex Ltd. (Trustee of) v. Anderson et al. Ontario Superior Court. File number ONSC 02-CL-4651. 11 March 2003. Honourable Justice Lederman.

In an action for non-competition, can an order for safeguard be assimilated to an interlocutory injunction for the purposes of Article 760 of the Code of Civil Procedure?

BDDS Shandwick Corporation et al. v. Lebrun et al. Court of Appeal. 500-09-013140-033. 5 March 2003. Honourable Justice Rochon.

In an international commercial arbitration, can a party appeal to the superintending and reforming power of the Superior Court before the arbitration tribunal has rendered a final decision?

Compagnie nationale Air France v. his excellence justice Kéba Mbaye, professor Mohamed Bennouna, justice Gilbert Guillaume, mr. Ousmane Diallo, ès qualité as clerk of the arbitration court, Libyan Arab Airlines and attorney general for Canada, International Air Transport Association. Court of Appeal. 500-09-009391-004. 31 March 2003. Honourable Justices Rothman, Mailhot, Chamberland.

Was the president, a minority shareholder of the corporation, wrongfully dismissed or did he resign, and did the corporation adopt towards him an oppressive behaviour, in contravention with section 241 of the Canada Business Corporations Act?

Industries Flexart Ltée and St-Raymond Woods Products Holdings Ltd. v. Michel Baril and 3349900 Canada Inc., Court of Appeal, 200-09-003476, 3 February 2003, Honourable Justices Fish, Brossard, Rochette.

Failure to maintain the corporate records required by the CBCA, to hold shareholders meetings and to prepare audited financial statements in conformity with the provisions of a unanimous shareholders agreement amount to oppression leading to the winding up of the corporation under section 241 of the Canada Business Corporations Act.

Harold Joffre and Ruth Joffre v. A.V.I. Financial Corporation (1985) Inc. and Bernard Weiser, Reginald Weiser and 4057830 Canada Inc., Superior Court, 500-05-067040-012, 14 March 2003, Honourable Justice Sévigny.

The Superior Court suspends proceedings in a motion regarding the right of dissent of section 190 of the Canada Business Corporations Act until the status of shareholder is determined according to the provisions of a unanimous shareholder agreement.

Sébastien Dupont v. Technologies Silver Leap Inc., Superior Court, 200-05-017846-028, 18 March 2003, Honourable Justice Blondin.

Motion for permanent injunction to prevent the use of the name "Restaurant L'Ancestral". Granted.

9042-5703 Québec Inc. and Restaurant L'Ancestral (1988) Inc. v. 9089-6663 Québec Inc., Superior Court, 700-05-009674-007, 26 March 2003, Honourable Justice Courville.

When a "large entity" pays the maintenance fees on a patent based on the amount for a "small entity", the Commissioner of Patents cannot accept a top-up payment after the deadline. However, the temporal element in the determination of the "small entity" status should be interpreted to minimize the risk of catastrophic consequences when an innocent error is made in determining the appropriate status.

Barton No-Till Disk Inc. and Flexi-Coil Ltd. v. Dutch Industries Ltd. and The Commissioner of Patents and Intellectual Property Institute of Canada. 2003 FCA 121, Docket A-573-01, A-574-01, 7 March 2003, Honourable Justices Rothstein, Sharlow and Malone.

Amazon.com objects to the registration of the domain names "amazondrugs.com", "amazonpharmacy.com" and "amazondoctor.com" in relation with the sale of herbs and health products cultivated in the Amazon region of South America.

Amazon.com Inc. v. PDC, WIPO Arbitration and Mediation Center, Administrative Panel Decision, Case number D2003-0076, 26 March, 2003.

Appeal from a decision of the Registrar refusing registration of the trademark NEVADOS on the grounds that it is confusing with Sears' NEVADA trademark. Appeal dismissed.

American Sporting Goods Corporation v. Sears Canada Inc., 2003 FCT 320, Docket T-222-01, 18 March 2003, Honourable Justice Gibson.

Boston Pizza is seeking an interlocutory injunction to prevent a subsidiary of McDonald's Restaurants to use the trade name Boston Market for the operation of restaurants and sale of prepared food. Motion denied.

Boston Pizza International Inc. and Boston Pizza Royalties Limited Partnership v. Boston Market Corporation, McDonald's Restaurants of Canada Limited, Boston Market Canada Company and Global Restaurant Operations of Ireland Limited. 2003 FCT 382, Docket T-1319-02, 1 April 2003, Honourable Justice Blanchard.