IP Litigation

Effective Intellectual Property Dispute Resolution

As intellectual property litigation counsel, we provide a strategic approach supported by our considerable experience advising in intellectual property disputes in Canada. Whether acting for the intellectual property rights holder or the alleged infringer, we use our past experience as counsel in hundreds of intellectual property disputes to advocate for your business's interests in a well-informed manner designed to achieve your objectives in a way that is proportional to both their budget and what's at stake.

Our IP litigation team is led by Georgina Danzig and Christopher Heer. Our IP litigators have advised in hundreds of patent, trademark, copyright, design, and confidential information and trade secrets disputes as well as dozens of anti-counterfeiting enforcement matters. We have acted successfully as counsel in proceedings in the Federal Court, Federal Court of Appeal, and Ontario Superior Court of Justice, including its Divisional Court and Small Claims Court branches.

We have also negotiated licence and settlement agreements concluding a number of patent, trademark, copyright, industrial design and trade secret lawsuits and other disputes prior to reaching trial and in most cases prior to reaching discovery or even the commencement of a lawsuit.

If you have any questions about our services or you are in need of IP litigation or IP dispute resolution services, please contact us for a complimentary and confidential telephone appointment.

The Intellectual Property Dispute Process

A brief overview of the litigation process applicable to most intellectual property matters is found below. After that we provide information about small claims court proceedings as a cost-effective alternative for self-represented litigants to pursue nominal infringements and infringements with claims for damages of $35,000 or less.

Infringement and Validity Opinions

At the outset, when acting for an intellectual property rights holder, we will help you evaluate whether a particular competitor has infringed your intellectual property rights. When acting for the alleged infringer, we will assess what non-infringement arguments may be made as well as determine your chances to succeed on allegations that the intellectual property rights asserted against you are invalid or non-enforceable.

With the results of the opinion in hand, we will then work with you to develop and carry out a litigation strategy and/or a plan of action for resolving the matter out of court.

Intellectual Property Disputes in the Ontario Small Claims Court

What is the Ontario Small Claims Court?

The Ontario Small Claims Court is a branch of the Ontario Superior Court of Justice. This court is meant to provide a more accessible and less formal way of litigating disputes, where the amount of money or value of property in issue does not exceed $35,000. Note however that the Ontario Small Claims Court has jurisdiction to hear defendant's claim (or counter claim) together with a plaintiff's claim.

So the Ontario Small Claims Court can still hear the matter even where the total in dispute between a plaintiff's claim and defendant's claim exceeds $35,000, as long as neither claim individually exceeds $35,000.

The Ontario Small Claims Court has a mandate to hear and determine in a summary way all questions of law and fact. It operates under set of rules of procedure and evidence that are more relaxed than the Ontario Superior Court while still providing litigants with a formal court process to pursue disputes up to $35,000.

Claims for Damages up to $35,000

In the Ontario Small Claims Court, you can sue for damages for infringement of intellectual property rights if you are seeking $35,000 or less, not including interest and costs. The Ontario Small Claims Court can be suitable for obtaining awards of damages for trademark infringement and copyright infringement where the rights holder has not sustained provable monetary losses over $35,000 and does not believe the infringer obtained $35,000 or more of profits from the infringement. In such disputes, nominal damages or statutory damages may still be awarded in amounts under the small claims court damages limit.