About Articles The following articles are published by the Information Technology and Intellectual Property Law Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editors: Wendes Keung and Alessia Monastero


Children’s Hospital of Eastern Ontario (CHEO) seeks declaration of invalidity and non-infringement of Long QT syndrome gene patents

  • December 09, 2014
  • Cameron Weir

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.

Information Technology and Intellectual Property Law

Ontario Wireless Services Agreements Act In-force

  • December 09, 2014
  • Matthew Wanford

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.

Information Technology and Intellectual Property Law

The Impact of the Amazon Decision on Canadian Practice

  • April 01, 2014
  • Gregory G. Forrest

The decision in Canada (Attorney General) v., Inc., 2011 FCA 328 (Amazon FCA) will have a significant impact on Canadian companies in the software, information technology, and financial industries. Gregory G. Forrest reviews the impact of the decision and its ripple effects.

Information Technology and Intellectual Property Law

Bitcoin E-Gold Rush: Unregulated Technology Gains Currency

  • April 01, 2014
  • Catherine Doyle, Stephanie M. Robinson, Stefanie Di Francesco

A look at the inherent risks if Bitcoin. Heralded as "the currency of the future", in November, 2013 a unit of bitcoin briefly became more valuable than an ounce of gold, soaring to $1,242 from less than $15 in January, 2013. Unlike gold and traditional currencies, bitcoins have no intrinsic value and are not backed by a national central bank. Bitcoins derive their value solely from market demand.

Information Technology and Intellectual Property Law

New Standard Provides Guidance on Cardholder Data Security

  • January 14, 2014
  • Christine Ing, Jacqueline Shinfield and David Feldman

The PCI SSC recently announced version 3.0 of the PCI DSS. Version 3.0 becomes effective on January 1, 2014, with certain requirements that are not effective until July 1, 2015. Version 2.0 will remain active until December 31, 2014 to ensure adequate time for organizations to make the transition.

Information Technology and Intellectual Property Law

OBA: Bullet-Proofing Your IT Law Practice: Professionalism and Ethics

  • December 10, 2013
  • Matt Wanford, with assistance from Sam Ip

A summary of the October 30th panel on professionalism and ethics. The speakers included distinguished lawyers Amy-Lynne Williams (Deeth Williams Wall LLP), Donald B. Johnston (Aird & Berlis LLP), and Alan Gahtan (Gahtan Law Office), and was moderated by Ara Arzumanian.

The Importance of Getting the IT Scope Right

  • October 02, 2013
  • James Kosa

A commentary on Ontario Inc. (c.o.b. t.e.s.t.) v. Aviya Technologies Inc. and why an an oral agreement in an IT context (as in many others) is worse than not doing the deal at all.

Improving Effectiveness: Technology Contracting and Public Procurement

  • September 24, 2013
  • Matt Wanford and Ahsan Sadiq

A summary of a recent section event where Paul Emanuelli (Managing Director, The Procurement Office), and Michelle Schachtschneider (Counsel, Crown Law Office - Civil, Ministry of the Attorney General (Ontario)) gave a presentation on public procurement and issues in technology contracting.