snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: February 2012

Hot Off the Press – Canadian Contractual Interpretation Law: A New Edition

Posted in Contracting/Outsourcing

The second edition of Canadian Contractual Interpretation Law, by Geoff Hall, has just been published.

The book is the only text focused on contractual interpretation under Canadian common law and the new edition includes commentary on contractual interpretation under Quebec civil law. As such, it is a helpful resource for commercial lawyers who are responsible for drafting contracts; litigators who deal with contractual interpretation disputes; and judges and arbitrators who hear such cases.

The second edition includes a discussion of the new test for the interpretation and application of exclusion clauses set out by the Supreme Court of Canada … Continue Reading

Tech Law Summit Recap – Navigating the Cloud: Tips & Tricks

Posted in Contracting/Outsourcing

Cloud computing is fast-emerging as an efficient and low cost alternative to more traditional information technology (IT) solutions. It enables a business to outsource its IT requirements to a specialist service provider who can provide required services in a more efficient and cost effective manner and allows a business to focus on its core competencies. However, cloud computing also comes with legal and business risks that need to be managed. Some of the oft-cited issues with this model surround security, confidentiality, performance as well as data location, access and retention.

At McCarthy Tétrault’s Toronto Technology Law Summit, partners George TakachContinue Reading

Cloud Computing and Privacy Issues: Implications for Businesses

Posted in Contracting/Outsourcing, Privacy, Regulatory Compliance

Due to cloud computing’s borderless and infinite storage potential, vast amount of information can be collected and stored. However, the accumulation of personal information in the cloud increases the risks and impact of unauthorized access to the information, whether through security or data breaches. This risk is compounded when the data is transferred outside of Canada where the information is subjected to the laws of the foreign country.

Storing or Transferring Data Outside of Canada

Where personal information is transferred to a foreign third party, that information is subject to the laws of the foreign country and no contract or … Continue Reading

Tech Law Summit Recap – Hot Topics in Tech and Public Procurement

Posted in Contracting/Outsourcing
The “Hot Topics in Tech and Public Procurement” panel at the McCarthy Tétrault Toronto Tech Law Summit featured Edward Smythe of Gartner Consulting and McCarthy Tétrault partners David Crane, George Takach and Brenda Swick. The panel was facilitated by Catherine Samuel.

Business Capabilities Sourcing

Edward Smythe opened the panel with an interesting discussion on the increasing integration of IT outsourcing (ITO) services and business process outsourcing (BPO), which have traditionally been distinct offerings. He explained that the combination of ITO and BPO would form into either:

  • a business capability outsourcing service, where the vendor is in charge of supporting
Continue Reading

Tech Law Summit Recap – Trends in Tech M&A and Tips for Sellers from a Strategic Buyer

Posted in M&A/Finance

During the Tech M&A/Corporate Finance panel at McCarthy Tétrault’s second annual Toronto Technology Law Summit, Ian Palm shared the results of a study into trends and opportunities in the Canadian M&A market, including trends in deal volume, value, geographic origin, and sector. Four of the key takeaways from the study were:

  1. Canadian M&A activity in the technology sector, particularly in the mid-market, continues to be robust despite challenging economic times.
  2. The “nuclear winter” experienced in recent years by venture capital in Canada is showing signs that it is beginning to thaw.
  3. Cash rich tech companies are looking for ways to
Continue Reading

Tech Law Summit Recap – Key Developments in IP Law

Posted in Copyright, Intellectual Property, Patents, Trade-marks

The recent McCarthy Tétrault Technology Law Summit included a panel on “Key Developments in IP Law,” featuring James Skippen, Chairman and Chief Executive Officer, WiLAN Inc. and McCarthy Tétrault partners Beth MacDonald, David Gray and Barry Sookman. Paul Armitage, another McCarthy Tétrault partner, moderated the panel.


James Skippen commented on the growing awareness of the value of intellectual property, and patents, in particular. He observed that, instead of being a neglected asset class, patents are playing a more prominent role, and may even, in some circumstances, exceed the value of a company’s other assets. 

After describing WiLAN Inc.’s  history … Continue Reading