Whether we are talking about patents, trademarks, copyright or other forms of intellectual property, they need to be enforced and protected. One outcome of IP litigation can be a monetary award, for example, an award of damages. Organizations sometimes find themselves in a position where a final award in an IP case must be enforced against an individual or a company located in Canada. This happens, for example, where the Canadian defendant has no meaningful assets located in the foreign jurisdiction. It happens more often than one might think.
Essentially, a foreign judgment is viewed as a contractual obligation that … Continue Reading
The Next Big Thing in privacy is the advent of usage-based insurance (“UBI”), made possible by a telematics device – a small gizmo that plugs in to the diagnostic port of a car, monitors a driver’s driving habits, and sends that information wireless to an insurer/third party. Insurers in turn offer up to 25% savings on insurance rates based on “safer” driving. Available for over a year in the US, insurers have now begun offering similar programs in Canada, prompting the industry regulator in Ontario, the Financial Services Commission of Canada (“FSCO”), to release a bulletin… Continue Reading
Almost invariably, defendants in a patent lawsuit seek to examine the inventors of the patent or patents in issue. But, what do you do if an inventor resides in Canada? Generally, non-Canadian courts are not able to assert personal jurisdiction over Canadians and, therefore, cannot compel them to give evidence under oath for the purposes of a lawsuit. If a Canadian witness does not willingly provide evidence, commission evidence may be sought via the enforcement of what are called “letters of request”. Essentially, these represent a foreign court’s request that a Canadian court order someone to appear and be examined … Continue Reading