Focus On

Intellectual Property


Thursday, September 10, 2020 @ 11:13 AM

Court vs. commercial arbitration after COVID: Dealing with the backlog virtual_law_sm

In my previous article in this series on the pros and cons of virtual proceedings, whether in court or in arbitration, I stated that one common theme throughout the literature and commentary is that there will be a “new reality” to dispute resolution processes post COVID-19. The first issue discussed in that article was adapting to virtual proceedings. The second “new” issue that I will address in this article is how to deal with the backlog created by the pandemic. ... [read more]

Thursday, September 10, 2020 @ 10:46 AM

New partner for Bereskin & Parr electrical and computer tech group

Bereskin & Parr LLP announced that Denis Keseris is a new partner and has joined the electrical and computer technology practice group. His practice covers all aspects of patents, particularly in the fields of artificial intelligence, fintech, gaming technology, telecommunications, medical devices and cannabis. ... [read more]

Thursday, September 10, 2020 @ 8:30 AM

Federal Court of Appeal slams ‘Goldilocks approach’ in right to interpret contract Goldilocks

The Federal Court of Appeal appears to be eagerly looking for more work to do. In a significant ruling during the normally sleepy summer months, compounded by court closures due to COVID-19, the Federal Court of Appeal in Salt Canada Inc. v. Baker 2020 FCA 127, not only recognized the jurisdiction of the Federal Court to interpret contracts, it went on to issue the decision that the lower court had refused to undertake due to lack of jurisdiction. ... [read more]

Thursday, September 10, 2020 @ 8:14 AM

B.C. Court of Appeal breathes new life into common law privacy tort, lawyers say   Luciana Brasil

The Court of Appeal for British Columbia breathed new life into a possible common law privacy tort as it upheld the certification of a data breach class action, according to the plaintiffs’ lawyers. ... [read more]

Wednesday, September 09, 2020 @ 2:36 PM

Criminalization of Indigenous journalism contradicts reconciliation | Pamela Palmater

What does it take to get arrested by the Ontario Provincial Police (OPP)? Well, if we go by recent events around 1492 Land Back Lane, it looks like the arrest criteria include being Indigenous, an award-winning journalist and covering First Nation land defence stories. Because that is exactly what happened to Karl Dockstader, an Oneida journalist and radio host embedded with Haudenosaunee land defenders and providing daily updates via social media and video. What’s worse is that the OPP refuses to tell Dockstader what he has done wrong. ... [read more]

Wednesday, September 09, 2020 @ 6:14 AM

PATENTS - Application - Amendment or correction - Jurisdiction

Appeal by Salt Canada Inc. from a decision dismissing its application for an order directing the Commissioner of Patents to vary the records to reflect the appellant was owner of the ‘058 Patent. The Federal Court held that it did not have jurisdiction over the application because the application required it to adjudicate a contractual dispute, a matter reserved exclusively to the provincial superior courts. ... [read more]

Tuesday, September 08, 2020 @ 2:55 PM

Resolving competing demands of confidentiality, open justice silhouettes.jpg

The conflict between a claim for confidentiality and the open court or justice principle was recently considered by a judge of the High Court of England and Wales (HRH The Duchess of Sussex v. Associated Newspapers Ltd [2020] EWHC 2160 (Ch)). The court resolved the competing demands concerning disclosing the names of journalistic sources in a dispute relating to letters written by Meghan Markle. ... [read more]

Friday, September 04, 2020 @ 8:42 AM

Court vs. commercial arbitration after COVID: Adapting to the virtual virtual_law_sm

Five years ago, my colleague Gannon Beaulne and I published an article in The Advocates' Journal (Summer 2015 at pages 11-21) titled Making up your mind: Trial litigation versus Arbitration in the Commercial World. The title was derived from the well-known song by the Lovin' Spoonful: “Did you ever have to make up your mind?/ You pick up on one and leave the other behind./ It's not often easy and not often kind./ Did you ever have to make up your mind?” ... [read more]

Thursday, September 03, 2020 @ 1:10 PM

Law school practical: Non-disputing party system underutilized BTLS

During my journey through law school at the University of Ottawa, I was fortunate to participate in a joint economic law clinic, part of the Trade Lab international economic law network. This two-part series is based on my group’s work involving taking stock of non-disputing party (NDP) participation in the Investor State Dispute Settlement system (ISDS). The first part of this series looked at the history of ISDS and NDP participation. In this part, I continue the discussion by showing how the NDP system is underutilized, underscore why law reform should be an ongoing process, as well as illustrate the benefits of practical classes in law school. ... [read more]

Wednesday, September 02, 2020 @ 1:18 PM

Navigating the modern courtroom: Ontario steps up | Karen Heath

In the first two articles in this series, it would be fair to say that my musings on modernizing Canadian courts have carried somewhat of a disparaging tone. It is true, I rode in from The Hague on a high horse, armed with technology best practices from the International Criminal Court I thought were sorely lacking in our justice system. While I do stand by my previous convictions, I offer something different today: a rosier outlook. ... [read more]