Articles 2020

The recent decision of the Ontario Superior Court in Nortel Networks Corporation, Re 2015 ONSC 2987 (“Nortel”), is a useful case study to highlight the complexity associated with the valuation of intellectual property.

An Ontario court recently ruled in 395804 Ontario Limited c.o.b. as Blacklock's Reporter v. Canadian Vintners Association and Dan Paszkowski that circumventing a subscription paywall to access a news article violates the technological protection measure (TPM) provisions in Canada's Copyright Act, and negates the fair dealing defence to copyright infringement available under Canadian law.

In the recent decision of Imperial Manufacturing Group Inc. v. Decor Grates Incorporated, 2015 FCA 100, the Federal Court of Appeal used an appeal of a particulars motion in an industrial designs case to eliminate the prior distinction between the standard of review of discretionary or interlocutory orders and all other appeals from the Federal Court.

This summer, Toronto will host the Pan Am and Parapan Am Games, one of the most technologically connected games on the globe.

In September 2014, the Court of Justice of the European Union ruled to allow libraries to digitize and distribute books to reading terminals without a digitization licence.

A letter from the Section Executive regarding the recent name change.

The Children's Hospital of Eastern Ontario (CHEO) has recently sought a declaration of invalidity and non-infringement of certain patents covering genes implicated in Long QT syndrome, an inherited cardiac disorder. This case is drawing considerable interest from stakeholders, as Canadian courts have yet to directly consider the issue of whether isolated human genes are patentable under Canadian patent law.

On April 1, 2014, Ontario’s Wireless Services Agreement Act (WSAA) came into force. The WSAA applies to consumer wireless agreements (Agreements) entered into or renewed after April 1, 2014, where, at the time when the transaction took place, the supplier of the wireless services or the consumer was located in Ontario. The WSAA is intended to supplement the protections under the Consumer Protection Act, 2002 (CPA) and the Canadian Radio-television and Telecommunications Commission (CRTC) code.