Ontario

Firm overview

Polley Faith is best known for its expertise in commercial litigation and trial matters. The firm was established by Mark Polley and Andrew Faith, who after their time at McCarthy Tétrault joined the Ontario Ministry of the Attorney General as Assistant Crown Attorneys (criminal prosecutors) and acquired significant trial and courtroom experience. Having conducted hundreds of trials over the last 15 years, Mark and Andrew have not only become trusted advisors to their clients and other lawyers in the community, but they are frequently sought out by individuals, businesses (small, medium and large) and governmental regulatory bodies to take on trials, hearings and arbitrations. 

While the firm has pursued a general litigation practice since its establishment in 2011, it has focused its interests on, and has become known for, litigation in the following industry sectors and areas of law: general commercial, banking and finance, securities and shareholder disputes, fraud, defamation and libel, regulated health professions, professional liability, bitcoin and cryptocurrency and estates. The firm is also known for prosecuting on behalf of various regulatory bodies, including the Law Society of Ontario and the Professional Engineers of Ontario. It is often sought out by other firms, including full-service firms to deal with conflict matters and to take on high-stakes cases for important clients.  

As a result of its approach to client services, Polley Faith has grown quickly over the last ten years, increasing its client base substantially. The firm’s rapid growth is a tribute to its successful representation of a variety of different clients and its increasing profile and reputation for excellence in the community.  

Last updated April 2020

Firm overview

DMG Advocates offers clients top-tier litigation expertise with exceptional boutique service.DMG broke onto the Canadian litigation scene in 2018 and was quickly recognized as one of the top litigation boutiques in the country. 

Our partners, who bring decades of experience litigating at leading national firms, are recognized by their peers in multiple categories as among the best in the legal community. Our lawyers have extensive litigation expertise in complex commercial disputes across a broad range of sectors, including manufacturing, transportation, securities, media, technology, real estate, energy, and construction.

We offer in-depth knowledge and specialization in the laws relating to product liability, shareholder disputes, class action defence, commercial arbitration, eDiscovery, defamation, and privacy/cybersecurity.

Our team is dedicated to delivering client-focused service that draws on the depth of our litigation expertise.  We are large enough to take on the largest and most complex files, but small enough to ensure our clients receive boutique service delivered efficiently.

Last updated: March 2020

Firm overview

Smart & Biggar is widely recognized as Canada's leading firm for intellectual property law. With offices across Canada, and over 100 lawyers, patent agents and trademark agents, we are the largest firm focused purely on IP and related specialty areas.

We specialize in asserting and defending our clients' IP assets to maximize their return on investments and preserve competitive advantage. Intellectual property rights - from patents, industrial designs and trademarks, to trade secrets, confidential information and copyrights - are critical business assets that need to be aggressively protected and enforced. 

In high-stakes litigation, we know what it takes to win and we routinely handle Canada's most commercially important and technically complex intellectual property cases. Our lawyers possess a rare combination of successful trial and appellate experience combined with a deeply sophisticated understanding of technical subject matter and analytical expertise - resulting in victories at all levels. From start-up companies in emerging growth sectors to multinational corporations across a broad range of industries, we draw on our vast technical and legal experience to provide creative, effective and cost­efficient enforcement and litigation strategies tailored to each client's unique situation and needs. 

Smart & Biggar has received Benchmark's Award as Canadian IP Litigation Firm of the Year for five consecutive year. Our Practice Group has vast experience and success in all areas of IP litigation, including: 

• Patent Litigation & Enforcement

• Pharmaceutical Litigation
• Trademark Litigation & Enforcement
• Trademark Oppositions & Cancellation Proceedings
• Industrial Design Litigation & Enforcement
• Copyright Litigation & Enforcement
• IP Crime & Anti-Counterfeiting

We know what it takes for our clients to win in high stakes IP litigation. 

Some of our representative recent victories include: 

Largest reported damages award in Canadian history for patent infringement at $645 million 

The Dow Chemical Company et al v Nova Chemicals Corporation 

Success in the Supreme Court of Canada - Abolishing the "Promise Doctrine" for patents 

AstraZeneca Canada Inc v Apotex Inc. 

Trial victory to protect Captain Morgan "trade dress" to block competitors and protect brand value 

Diageo Canada Inc v Heaven Hill Distilleries Inc. 

Precedent-setting decision on copyright infringement netting damages of $12 million 

Nintendo of America Inc v King 

Unprecedented site-blocking order requiring Internet Service Providers to impede access to piracy services 

Bell Media Inc. et al v Goldtv.biz et al. 

For over 100 years, we have remained devoted to protecting our clients' intellectual property and technology assets. Whether we are advising an innovative company on patent strategy or infringement issues, providing counsel on brand protection and enforcement, or handling the IP aspects of a corporate transaction, we provide clients with solutions to protect, enforce and leverage their IP. 

Last updated March 2020

Firm overview

Bereskin & Parr LLP is a leading Canadian full service intellectual property law firm serving clients across all industries around the world. Founded in 1965, the firm has grown to be one of the largest IP firms in Canada with Offices located in major economic and technology centers. Bereskin & Parr is made up of more than 80 lawyers and patent and trademark agents, many of whom are recognized as leading practitioners in their specialized fields. The firm has established a depth of legal talent and systems to service clients in every aspect of patent, trademark and copyright law and IP litigation. The firm and its award-winning professionals are consistently ranked as the benchmark for IP law in Canada.

The protection of IP assets inevitably involves disputes over rights to that property. As a leader in IP law in Canada, Bereskin & Parr has extensive experience in litigation, and the management and effective resolution of such disputes. Our firm’s litigation group advises and acts in all types of IP cases, from simple disputes that require pragmatic negotiation, to major cases. We act for parties both large and small, from individual inventors and start-ups to international companies.

Our litigators have a wide variety of technical backgrounds in engineering, chemistry, biotechnology, electronics and computer-related fields, and are able to efficiently present complex technical cases. Members of the litigation group have expertise in the following areas:

Cannabis: Bereskin & Parr has the breadth of experience to help growers, retailers and marketers protect their intellectual property. Our professionals keep clients abreast of regulations as they are released. 

Chemical: The firm has strong technical backgrounds in the chemical and biochemical fields, along with graduate and doctoral degrees in chemistry, biochemistry, organic chemistry and chemical engineering.

Cleantech: The professionals in the Cleantech practice group have engineering and scientific educational backgrounds, and industry experience related to clean and environmental technologies, as well as experience in advertising, packaging green and environmental products.

Electrical & Computer Technology: Professionals in this group are trained as engineers or in the related physical sciences, and have experience with technology companies in technical, business and legal roles, as well as in building and managing valuable patent portfolios for entrepreneurial companies.

Licensing & Transactions: Bereskin & Parr’s licensing and transaction professionals are well-equipped to handle a wide variety of matters, with technical backgrounds and knowledge in biotechnology, pharmaceuticals, chemistry, computer science, electronics, entertainment and new media, as well as a deep understanding of national and foreign IP protection, and drafting and negotiating complex IP agreements.

Life Science: Bereskin & Parr’s specialized Life Sciences practice group brings together professionals with strong scientific backgrounds, which include graduate and doctoral degrees in immunology, organic and inorganic chemistry, biochemistry, molecular and human genetics, and experimental medicine.

Mechanical & Industrial Process: The professionals in this group have a wide range of academic and industry experience, with degrees in mechanical and civil engineering, metallurgy, physics, chemistry and nuclear engineering, and expertise in drafting, prosecuting and licensing mechanical and industrial technologies. 

Medical Devices: Our Medical Devices practice group has multi-disciplinary expertise, allowing us to effectively protect our client’s medical technology inventions with highly technical aspects, including mechanical, materials, chemical, electrical and/or software.

Copyright & Digital Media: Bereskin & Parr’s Copyright & Digital Media practice group includes lawyers and agents who have educational backgrounds in technology and computer sciences, as well as in arts and communication and have experience working in the technology, entertainment, information and new media industries, and the educational sector.

Parents: The firm’s Parents practice group have expertise in a variety of scientific and engineering disciplines and other technical areas, and assist clients in evaluating inventions and designs, and preparing, filing and prosecuting patent and industrial design applications in Canada, the United States and worldwide.

Regulatory, Advertising & Marketing: The regulatory, Adversing and Marketing practice group provides comprehensive advice on issues relating to the promotion and sale of clients’ products and services, and is committed to keeping clients abreast of the regulatory changes that impact the way they market and advertise their products and services in Canada.

Trademarks: Bereskin & Parr’s Trademarks practice group in one of the largest and most experienced in Canada.This group advises clients on creating and managing  worldwide trademark portfolios, trademark disputes, managing domain name registrations and dispute resolution, and coordinating its clients’ Canadian needs with an international strategy.

Last updated March 2020