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Intellectual Property

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Wednesday, January 22, 2020 @ 12:53 PM

New IP partner joins Fasken’s Toronto office

Fasken announced that Jason Markwell is a new partner in the intellectual property (IP) group of the Toronto office. ... [read more]

Tuesday, January 21, 2020 @ 10:19 AM - Last Updated: Tuesday, January 21, 2020 @ 11:18 AM

SCC’s Wagner, Moldaver and Martin key to majorities in 2019 as top court divides in most judgments TLD Exclusive

Justices Michael Moldaver and Sheilah Martin and Chief Justice Richard Wagner were at the core of most Supreme Court of Canada majorities in 2019, an analysis of the nine judges’ voting patterns by The Lawyer’s Daily reveals. ... [read more]

Monday, January 20, 2020 @ 1:52 PM

Landmark copyright decisions in 2019 copyrightsymbol2.jpg

The year 2019 was very interesting in the copyright world with several significant decisions being released. In part one and two of this series we discussed assessing when infringement of an artistic work occurs and the subsistence of copyright in a compilation as well as granting Norwich orders. ... [read more]

Monday, January 20, 2020 @ 9:41 AM - Last Updated: Tuesday, January 21, 2020 @ 11:15 AM

Supreme Court of Canada hits record low 40% unanimity rate in 2019; many appeals came from Quebec TLD Exclusive

The Supreme Court of Canada divided on the outcomes of appeals in 60 per cent of the cases it decided in 2019, and spoke with one voice in just one-third of its appeal judgments — a record low unanimity rate in at least 30 years, an analysis by The Lawyer’s Daily discloses. ... [read more]

Wednesday, January 15, 2020 @ 2:32 PM

Significant 2019 copyright decisions Copyrightsymbol1.jpg

Last year was a very interesting year in the copyright world with several significant decisions being released. In part one of this series we discussed assessing when infringement of an artistic work occurs and the subsistence of copyright in a compilation. In the second and third parts, we discuss granting Norwich orders; the availability of protective orders and their scope; an ISP’s costs for complying with a Norwich order; an approach for determining when individuals are joint authors; Crown copyright; and determining when a court has jurisdiction in an action for infringement. ... [read more]

Wednesday, January 15, 2020 @ 10:45 AM

Why evolution of legal model desperately needed | Shama Rafiq

When it comes to access to justice, we often forget that the old law firm structures are a major deterrence to ensuring that anyone and everyone has a fair chance to having their day in court. ... [read more]

Wednesday, January 15, 2020 @ 9:45 AM

IP firm merges with Dickinson Wright

Dickinson Wright LLP announced that Yuri Chumak of Chumak & Company LLP has merged his practice with the firm’s Toronto office. He joins Dickinson Wright LLP as a partner. ... [read more]

Tuesday, January 14, 2020 @ 2:35 PM

Early neutral evaluation: A litigation off ramp off_ramp_sm

There are many forms of alternative dispute resolution, each with their own characteristics. Mediation and arbitration are well known to lawyers in Canada. However, one form of alternative dispute resolution that tends to get overlooked in Canada is early neutral evaluation — known as ENE — where an independent and impartial evaluator assesses the merits of the case. ENE is far more than a mediation in that it forces the evaluator to make an assessment of the case and communicate it to the parties. ENE offers a new off ramp that should be considered by litigation counsel. ... [read more]

Monday, January 13, 2020 @ 2:05 PM

Key copyright decisions in 2019 Copyright symbol

It has been a very interesting year in the copyright world with several significant decisions being released. ... [read more]

Monday, January 13, 2020 @ 11:08 AM

Gowling WLG promotes 35 to partner in Canada

Gowling WLG announced the admission of 35 legal professionals in Canada to its partnership, effective Jan. 1, 2020. ... [read more]