Contract Archives

June 2, 2021

A metal worker using an angle grinder to cut steel.

June 2, 2021

$7 Million Award Upheld for Employee Theft of Confidential Information

2020 BCCA 361: A BC court upheld one of Canada's largest awards for trade secret theft. GEA was awarded over $7 million against a group of former employees.

May 4, 2021

Programming code overlaid on a photograph of a server room.

May 4, 2021

Ontario Court Varies Terms of Injunction to Preserve “Status Quo”

2021 ONSC 2881: In a copyright dispute over source code, an Ontario court has agreed to extend an existing injunction to cover a new software product released by LDX Inc.

July 7, 2020

Hands Off! Nike Wins Battle Over Claw Logo Against Kawhi Leonard

An Oregon court ruled that Nike owns the Claw logo that includes a sketch of Leonard's hands that famously earned him the nickname “The Claw.”

July 22, 2019

Photo of a contract or license being signed.

July 22, 2019

Despite Contract, License Holder Cannot Sue for Patent Infringement: CAFC

CAFC warns that the distinction between assignment and license cannot be determined by “formalities or magic words.”

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.

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.

July 3, 2013

ONCA Holds Pre-contractual Expenses Are Recoverable Only If the Parties Reasonably Contemplated that the Expenses Would Likely Be Wasted In the Event of Breach

PreMD Inc. v. Ogilvy Renault LLP, 2013 ONCA 412 This appeal and cross-appeal concerned the measure of damages for Ogilvy’s negligence and breach of contract in […]