Cross-Border Agreements and Choice of Law: How Companies Can Control their Location for Litigation or Arbitration When Faced With a Dispute, and Why That Matters

March 08, 2021

This article will discuss how to ensure that your choice of law and forum for dispute resolution clauses are enforceable.

Blog Bite: What is the strategic value of an 'action for declaration of non-infringement?'

May 25, 2017

This article posted on our partner site Mondaq.com reviews the case in which a golf ball manufacturer raised a complaint against Costco, who in turn brought an action for a declaration of non-infringement

Blog Bites: The factors that the court considers in accounting for profit remedies in a Canadian patent infringement litigation

April 25, 2017

This article posted on our partner site Mondaq.com highlights the major issues in an important patent infringement case relating to the disgorgement of profits in Canada. The Federal Court of Canada found in favour of DOW Chemicals in a case of patent infringement.

Unplanned benefit can lead to a disgorgement claim.

October 26, 2016

Disgorment damages are intended to strip the defendant of any benefits they obtained as a result of their wrong doing. As such, even if the plaintiff...

Know who you are suing

October 26, 2016

Discussion: Stekel v. Toyota Canada Inc (2011 Ont SC) emphasizes the importance of knowing who your counterparty is, in the event that you decide to litigate. Although the plaintiff, in this case, was...