WWW.LEXPERT.CA
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2017
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LEXPERT 13
Cohen, QC, Tracey M. Fasken Martineau DuMoulin LLP
(604) 631-3149 tcohen@fasken.com
Ms. Cohen, partner, is a leading trial and arbitration lawyer for complex
business disputes. She acts as counsel on a range of matters, with a focus
on complex corporate commercial disputes, including claims involving
securities, shareholder disputes, oppression claims, derivative actions,
company law, contracts, fraud, tax, conversion, accounting negligence,
class actions and injunctions.
Clarizio, Dino P. Goodmans LLP
(416) 597-4140 dclarizio@goodmans.ca
Mr. Clarizio's practice focuses on all types of intellectual property litigation
and patent prosecution, particularly in the chemical and pharmaceutical
areas. He has appeared in the trial and appeal levels of the Federal Court,
and in the Supreme Court of Canada. He is a registered patent agent in both
Canada and the US and a registered trademark agent in Canada.
Chiasson, Craig R. Borden Ladner Gervais LLP
(604) 640-4221 cchiasson@blg.com
Mr. Chiasson is a partner in BLG's Vancouver office focusing on arbitration
and complex commercial disputes. His experience includes as counsel in
proceedings under the rules of the major arbitral institutions, in ad hoc
arbitrations and before the British Columbia courts, and as arbitrator. He has
acted in arbitrations seated around the world and governed by the laws
of many jurisdictions.
Chernos, David Chernos Flaherty Svonkin LLP
(416) 855-0402 dchernos@cfscounsel.com
Practice focuses on corporate and commercial litigation, with an emphasis on
matters involving shareholders' disputes in closely held companies, estates
litigation, insolvency, corporate restructurings, income tax, and directors'
liability and insurance. Has appeared as lead counsel before all levels of
court in Ontario, the Tax Court of Canada and the Supreme Court of Canada.
Cherniak, QC, Earl A. Lerners LLP
(416) 601-2350 echerniak@lerners.ca
Mr. Cherniak is a domestic and international commercial arbitrator and
senior counsel with wide experience in appellate advocacy, professional
responsibility, insurance litigation, and constitutional and administrative law.
Charette, Louis Lavery, de Billy, L.L.P.
(514) 877-2946 lcharette@lavery.ca
Mr. Charette practises in the areas of civil and professional liability litigation,
product liability and transportation law and infrastructure, and aviation
law. In his product liability practice, he acts in defence of manufacturers,
distributors and vendors. In September 2017, he was inducted as a Fellow
of the American College of Trial Lawyers.
LEXPERT-RANKED LAWYERS
maker of industrial communications systems, had
already gone to great lengths to stop a company
called Datalink from selling pirated Equustek
products under its own brand. Finally, aer the
counterfeiter ignored a series of court orders,
the BC Supreme Court issued an injunction
requiring Google to remove the Datalink websites
from search results — not just in Canada but
around the world. Google appealed the case to
the Supreme Court of Canada and, on June 28, a
decision was issued upholding the BC injunction.
e SCC pointed out that its ruling is
specifically about IP. "is is not an order to
remove speech that, on its face, engages freedom
of expression values," the decision said. "We have
not, to date, accepted that freedom of expression
requires the facilitation of the unlawful sale
of goods." It also stressed that, given the
circumstances, a worldwide injunction was the
only remedy. "e only way to ensure the [order]
attained its objective was to have it apply where
Google operates — globally."
e ruling marks the first time a Canadian
court has effectively claimed worldwide
jurisdiction over the internet. at has many
observers worried that the decision will open
the floodgates to rulings by foreign courts that
seek to restrict what Canadians can access on the
internet. "ere are a lot of companies that are all
very concerned," says Bernstein, who represented
a group of intervenors that opposed the decision,
including Kickstarter.
Andrew Little, a partner at Bennett Jones LLP,
says the focus now is on how the ruling will be
used as a precedent, which he anticipates will be
mostly in the technology space. "is is the first
time where you have a company like Google that
is running an internet business and it's being
affected," he says. ough Google isn't being
blamed in any way, the SCC described the search
engine as "facilitating" the IP infringement.
Little says affected parties may include compa-
nies that, like Google, have done nothing wrong
but that might be seen as facilitators to wrongdoing
by others. He argues that could include internet
platforms that link people, whether buyers to
sellers or friends. "e concern you have — if you
are Facebook, if you are Twitter, if you are Kijiji —
is what kind of rights are going to be the subject of
the next court order," says Little.
e internet is a global phenomenon. e legal
system, on the other hand, is by its nature rooted in
geographic jurisdictions. For almost a long as the
internet has been around, there has been tension
between businesses and individuals operating on
the internet on the one hand and courts seeking
to apply limits to their activities on the other
hand. In a world were illegal streaming of music
and films is rampant and where IP infringement is
