Articles 2023

Aujourdʼhui
Aujourdʼhui

Federal Court Considers New Patent Agent Privilege

  • 27 février 2022
  • Rebecca Kupfer and Paul Lomic, Lomic Law

In November of 2021, the Federal Court was tasked with further defining the scope of patent agent privilege. While amendments to the Patent Act pertaining to patent agent privilege came into force in 2016, the interpretation of this section was only recently discussed by the court in Case Management Judge Trent Horne’s decision in Janssen Inc et al v Sandoz Canada Inc, 2021 FC 1265.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Branding in the Metaverse - How Soon is Now?

  • 27 février 2022
  • Anastassia Trifonova

The term the “Metaverse” has recently gained a lot of traction among businesses, with several companies seizing the opportunity to expand their brand in the virtual space. This has included the filing of trademark applications in association with various virtual goods and services. The application of trademark rights to the Metaverse is largely unknown territory, making this an exciting area with the potential for a significant impact on IP law and businesses around the globe.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle
Rallysport “Races” Toward the Finish Line…

Rallysport “Races” Toward the Finish Line…

  • 27 février 2022
  • Amrita V. Singh, Marks & Clerk Law LLP

For the past few years, the copyright infringement saga involving Rallysport Direct LLC (Rallysport) and its former wholesaler has made its way through the courts. The Federal Court found that there was copyright infringement and awarded Rallysport both statutory and punitive damages. The wholesaler recently appealed this finding, but, the appeal was dismissed by the Federal Court of Appeal. The question remains: is this the end or another step on the way to the Supreme Court of Canada?

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle
Ontario Centre of Innovation

Ontario Centre of Innovation

  • 27 février 2022
  • Andrew Shaughnessy, Torys LLP

The Ontario Centre of Innovation (OCI) has been a strong presence in Ontario’s entrepreneurial space for the last few decades. During this time, it has continued its objective to sponsor research and commercialization between industry and academia to exploit made-in-Ontario technologies. This work has led to several Ontario success stories and increased recognition for the importance of intellectual property to the economic growth of the Province.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

How our Boardrooms Became Classrooms: Virtual School, Real Headache

  • 23 février 2022
  • Amelia Yiu, Elm Law Professional Corporation

For the women of my firm the combined pressures of childcare, virtual school and work became draining both mentally and physically. As an employer that has always tried to put work-life balance at the forefront of our philosophy, I knew that I needed to make some changes to the way that we did things, or everyone at the firm would suffer.

Forum des avocates, Student Forum
Developments in Employment Law in 2021, and What’s Ahead in 2022

Developments in Employment Law in 2021, and What’s Ahead in 2022

  • 23 février 2022
  • Daria (Dasha) Peregoudova and Jessica Schissler, Aird & Berlis LLP,

In addition to the COVID-19 pandemic’s heavy influence on employment law, 2021 also saw the introduction of new law dealing with employees’ “right to disconnect” and the near-banning of non-competition clauses and agreements. Additionally, a series of prominent and influential decisions emerged from Ontario’s Human Rights Tribunal, Superior Court and Court of Appeal relating largely to workplace culture issues. We discuss this and more in our look back at 2021, and what’s to come in 2022.

Droit du travail et de l’emploi, Student Forum
Featured Member: Anjana Bhaskaran

Featured Member: Anjana Bhaskaran

  • 23 février 2022
  • Anjana Bhaskaran

Our guest star for February’s "Featured Member" series is Anjana Bhaskaran, secretary of the Business Law Executive. We thank Anjana for her participation and hope you enjoy getting to know her!

Droit des affaires, Student Forum

Managing Different Insurers' Interests at Global Mediation

  • 22 février 2022
  • Joseph Sullivan

In a global mediation of an insurance claim, there are often three different insurers: tort, accident benefits, and long-term disability. Each may bring a different perspective to the table, as well as a different timeline and different underlying interests. In this article, experienced insurance mediator Joseph Sullivan explains some of the main issues that arise in these global settlement scenarios.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

The Quick and Dirty on Phase Two of Ontario’s Excess Soil Regulation

  • 16 février 2022
  • Talia Gordner, Annik Forristal & Kamal Azmy (student), McMillan LLP

Phase Two of Ontario’s On-Site and Excess Soil Management Regulation took effect on January 1, 2022. Since coming into force on January 1, 2021, the Regulation has introduced a new framework for the excavation, removal and transport of “excess soil” between two or more sites. These regulatory changes have affected property owners, developers, consultants, and the construction industry as a whole, exposing its participants to new risks and legal requirements.

Droit de l’environnement, Student Forum