16 LEXPERT
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2017
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WWW.LEXPERT.CA
Duchesne, Marc Borden Ladner Gervais LLP
(514) 954-3102 mduchesne@blg.com
Mr. Duchesne is the co-leader of BLG's Insolvency & Financial Restructuring
Group. He acts as lead counsel on corporate commercial litigation cases
relating to insolvency, restructuring, cross-border and foreign matters,
banking, contracts, insurance and complex liquidations.
Du Pont, AdE, Guy Davies Ward Phillips & Vineberg LLP
(514) 841-6406 gdupont@dwpv.com
Mr. Du Pont focuses on tax, corporate, white collar, class actions,
constitutional and administrative matters at all Canadian court levels
with a special expertise in appellate matters. Fellow ACTL. Member, ALI.
Ad.E.; TCC Medal. Ordre du mérite, Faculty of Law Civil Law Section,
University of Ottawa.
Drymer, Stephen L. Woods LLP
(514) 370-8745 sdrymer@woods.qc.ca
Head of Woods LLP's International Arbitration practice, Mr. Drymer is
recognized as one of the world's leading international lawyers and dispute
resolution professionals. He acts as counsel, and serves as arbitrator and
mediator, in domestic and international commercial and investment treaty
disputes, and is also very active in the resolution of sport-related disputes
in Canada and internationally.
Douglas, James D.G. Borden Ladner Gervais LLP
(416) 367-6029 jdouglas@blg.com
Mr. Douglas has extensive experience in commercial litigation, including
contract disputes, shareholder disputes, M&A litigation, broker liability suits,
regulatory proceedings and prosecutions, criminal prosecutions, internal
investigations and class actions. He appears regularly as counsel before
all levels of courts, the Ontario Securities Commission and other securities
regulatory bodies.
Doris, James W.E. Davies Ward Phillips & Vineberg LLP
(416) 367-6919 jdoris@dwpv.com
Mr. Doris specializes in commercial litigation with an emphasis on
shareholder and oppression remedy actions, class actions, securities
disputes, insolvency, gaming and arbitrations. He has acted for a number of
Canada's largest corporations, including General Motors of Canada, Ontario
Lottery and Gaming Corporation and Agnico Eagle Mines Limited.
Desrosiers, Martin Osler, Hoskin & Harcourt LLP
(514) 904-5649 mdesrosiers@osler.com
Mr. Desrosiers focuses on insolvency and financial restructuring law.
He represents financial institutions, trustees, receivers, monitors, debtors
and creditors' committees. He has lectured and written extensively,
and is an IIC member.
LEXPERT-RANKED LAWYERS
Datalink ignored the court orders so flagrantly
that a warrant was issued for the arrest of the
company's owner, a man named Morgan Jack.
"Equustek went to court numerous times because
Datalink kept on trying new ways [to circumvent
the rulings]," says Ferron. Jack eventually fled the
country, continuing his counterfeiting operation
in an unknown jurisdiction.
e decision to ask the BC Supreme Court
for an international injunction was a last resort.
"Equustek tried other means, but they weren't
able to get the intellectual property infringement
stopped," says Michael Crichton, a partner
at Gowling WLG (Canada) LLP and leader
of the firm's IP litigation and strategy group.
"Google even de-indexed a bunch of pages on
the infringer's website, but the infringer just
moved the content to new webpages and carried
on. So from Equustek's point of view, the only
alternative was to seek an order that required the
search engine to de-index all of the websites."
In the world of intellectual property, many
lawyers cheered the SCC decision, arguing that as
a precedent it gives them an important new tool
in the protection of clients' IP. Crichton says its
effectiveness will be limited to only a narrow range
of cases due to the very specific circumstances
of Equustek, which focuses tightly on IP and a
narrow set of facts including a determined and
relentless fraudster. "e Supreme Court decision
said, when the circumstances are just right, as they
were in this case, then you can enjoin a bad guy on
a global basis," he says.
From a Canadian legal perspective, the
Supreme Court has not gone beyond what they
are permitted based on the law as it stands, he
argues. Still, he acknowledges that precisely how
the decision will impact the law going forward,
especially as it relates to the internet, remains an
open question.
"e broader issue that some people have raised
is, how far does this go? Where does it stop?" says
Crichton. "What if the supreme court of country
X [orders the global shutdown of ] a website that
was trying to express a certain political point of
view, just like the Supreme Court of Canada did
here in this case?"
For his part, Crichton argues that likely won't
be a serious issue. For those in the world of
intellectual property, particularly soware and
music, the ruling is good news. Since the rise of
the internet, they have suffered major losses from
piracy and they've been unable to do much about
it. at may be about to change. Says Crichton:
"e door is now open in Canada for rights
holders to use this decision to try to obtain a more
favourable remedy for themselves. It is something
that rights holders are going to be relying on to
help them protect their rights."
