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.
Canadians demonstrate excellence at many things. There are the obvious clichés like maple syrup, hockey, politeness and modesty. However, our excellence at politeness hides some of our other impressive strengths, like innovation and technology. In turn, our modesty seems to keep Canadians from protecting their intellectual property (IP) at rates disproportionate to our OECD counterparts. I have been working in the intellectual property field for nearly twenty years and can share many anecdotes of Canadian companies that are world innovation leaders who, because of that charming modesty, essentially give away their intellectual property.