Contract

December 5, 2017
overpromising

Federal Court Declines Jurisdiction to Approve Third-Party Funding Agreements in the Private Litigation Context

2017 FC 826 - The FC declined to approve, or disapprove, Seedlings' litigation funding agreement with Bentham, where Bentham would fund Seedlings' patent litigation against Pfizer. The FC found that it lacked jurisdiction, as contractual matters are generally provincial in nature, and that only agreements related to class action proceedings would require the approval of the FC.
September 26, 2017
overpromising

Canada’s Supreme Court Does Not “Like” Facebook’s Forum Selection Clause

2017 SCC 33 - The SCC allowed Douez’s appeal and found strong reasons not to enforce the forum selection clause present in Facebook Inc.’s terms of use on its social media website, Facebook.com.
February 21, 2017

Ontario Court of Appeal Refers Copyright Infringement Dispute to Trial for Reconsideration of Estoppel Defence

2016 ONCA 217 - The ONCA accepted the motion judge’s interpretation of the licensing agreement at issue, however, it set aside the dismissal of Symcor's defence of estoppel and referred this issue, along with a limitation period defence and assessment of damages, to trial.
June 30, 2015

ABQB Upholds Patent Assignment from Employee Despite Partially Unpaid Salary

Groves v Canasonics Inc, 2015 ABQB 314 - After a falling out between a director and Canasonics Inc., the former director sought to ensure that any intellectual property in critical unpatented tools remained his own, and sought to reverse the transfer of a number of patents that he had already assigned to the company.
November 30, 2014

SCC Recognizes an Organizing Principle of Good Faith in Contract Law and a New Duty of Honest Contractual Performance

Bhasin v Hrynew, 2014 SCC 71 - The Supreme Court of Canada recognized a general organizing principle of good faith that underlies many facets of contract law, and created a new common law duty requiring contracting parties to honestly perform contractual obligations as a manifestation of this organizing principle.
November 14, 2014

A Verbal Contract Makes Transpharm Liable for Costs of Patents that Name its CEO as Owner

Gowling Lafleur Henderson LLP v Transpharm Canada Inc, 2014 ONSC 5643 - There was no written retainer to explicitly identify the client. However, citing the 10 year period during which Gowlings treated Transpharm as its client and as responsible for the cost of the patent services, the Court concluded that Transpharm verbally retained Gowlings.