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It was held in Molson Canada v Oland Brewery Ltd that a plaintiff's only recourse against a registered mark is to attack the validity of the registration. [21] Critics of the Ontario Court of Appeal's interpretation of the Act in Molson argue that giving priority to registration strays from a fundamental precept of trade-mark law that owners ...
Canadian trademark law provides protection to marks by statute under the Trademarks Act [1] and also at common law. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services.
A 72-hour clause, typically inserted in real estate sale contracts, is also known as an escape clause, release clause, kick-out clause, hedge clause or right of first refusal clause. [ 1 ] The 72-hour clause is a seller contingency which allows the seller to accept a buyer's contingent offer to purchase his/her property, while allowing the ...
Established in 1997, the Real Estate Council of Ontario is a not-for-profit corporation that regulates the trade of real estate in Ontario in the public interest. On behalf of the Government of Ontario , it administers and enforces the Real Estate and Business Brokers Act , 2002 and its regulations.
A typical and broadly representative example of such a statute is Ontario's Sale of Goods Act, which defines a "contract for the sale of goods" as "a contract whereby the seller transfers or agrees to transfer the property in the goods to the buyer for a money consideration" and defines an "agreement to sell" as a contract "where the transfer ...
A sale agreement on real estate is legally binding even without registration in the land register, the only requirement being certification of the agreement by a notary. Registration is required, however, in order for the new owner to sell or otherwise transfer the property, or enter a mortgage. Furthermore, only registration makes the transfer ...
Sections 146 and 147 of the Act force an owner of Māori land who wishes to alienate their interest in the land to give right of first refusal to people belonging to "preferred classes of alienees". [2]
The Real Estate and Business Brokers Acts is the legislation regulating the individual brokers and businesses registered to trade in real estate in Ontario, Canada.The most recent version, the Real Estate and Business Brokers Acts, 2002, came into force in Ontario, Canada on March 31, 2006. [1]