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Where in the World Should You Register Your Patent?
Ultimately, the decision of where to file a patent is not to be taken lightly. Even for a large multinational corporation, a truly worldwide patent filed in every possible country would be cost-prohibitive. However, filing in too few jurisdictions may result in a competitor operating free and clear to huge markets in other parts of the world. Ultimately, the decision is a business one.
Taxpayer's Success Story: Winding-up of A Medical Corporation, deemed dividend, GAAR, and Duke of Westminster
In MacDonald v. The Queen, 2012 TCC 123, there were three broad issues put forward before a taxpayer: a deemed dividend, the General Anti-Avoidance Rule, and a sham doctrine. Firstly, on the issue of a deemed dividend, the appellant doctor had been reassessed by the Canada Revenue Agency ("CRA") pursuant to subsection 84(2) of the Income Tax Act ("Act") which deemed that he had received dividends upon a winding up, discontinuance, or reorganization of a business. Secondly, the CRA relied on s. 245 of the Act, the provision commonly referred to as the General Anti-Avoidance Rule ("GAAR"), which, if applicable, could deny a taxpayer the tax benefits obtained as a result of a transaction(s). Lastly, the CRA alleged that the non-arm's length transaction that took place before the winding up of the doctor's professional corporation was a sham. This argument was withdrawn by the Crown at trial.
The Wisdom of Forging a Shareholders' Agreement
Tech News World, May 30th, 2012
Dual US-Canada citizens, be aware of IRS!
50Plus.com, April 26th, 2012
Does Amazon's 'One-Click' Success Mean Business Method Patents for All?
E-Commerce Times, March 31st, 2012
Employers requesting Facebook password violates privacy: Experts
Canada.com, March 22, 2012
Invasion of Privacy Court Ruling Could Be a Game-Changer
E-Commerce Times, March 16, 2012
The push for legal online gambling in the US
Business News Network, March 7, 2012
Linsanity trademarked, but not by Jeremy Lin
Toronto Star, February 14, 2012
Battle brewing over coffee logo
Toronto Star, January 19, 2011
Who owns a Twitter account: you or your boss?
Toronto Star, December 27, 2011
Who needs an Individual Pension Plan?
Generally speaking, the Individual Pension Plan ("IPP") is considered to be one of the most powerful pension planning vehicles, especially for those individuals at the highest tax bracket.
Cassels Brock Avoids Class Action Lawsuit
In its recent judgment in Lipson v. Cassels Brock & Blackwell LLP, 2011 ONSC 6724, the Ontario Superior Court of Justice refused to certify a class action proceeding against a national law firm.
Joint Ventures in Ontario: Limiting Liability
A Joint Venture Agreement ( "JVA") creates a legal entity through a contract, and identifies the major rights, duties, liabilities and obligation of each participant in the joint venture.
U.S. investor's fraud claims must face trial: court
The Globe & Mail, December 5, 2011
Problem Gamers - An Online Prospective In Light of the Court Decision in Burrell
Canadian Gaming Business Magazine Vol. 6 No. 2
Investors Seek Justice After Alleged Fraud
Toronto Star, June 22, 2011
Lawyer for Fraud Victims Defends New Summary Judgment Rule
Financial Post, June 22, 2011
Alleged Fraud Victims Come Looking for the Lawyers
The Globe & Mail, June 21, 2011
Benchmark Hearing Set on Summary Judgments
Financial Post, June 20, 2011
Ontario Court of Appeal to Consider New Summary Judgment Rule
Financial Post, June 19, 2011
Ontario Court to Hear Appeal of Case Finding Fraud Involving Elderly American Investors and Leading Canadian Law Firm of Cassels Brock & Blackwell LLP
Canada News Wire, June 15, 2011
Fraud ruling a legal first; Ontario judge awards US$2M damages at preliminary stage
Financial Post, November 13, 2010
Judge's Ruling in Fraud Case is Termed Historic
Times Columnist, November 13, 2010
Toronto Court Reaches Finding of Fraud in Case Involving Leading Canadian Business Law Firm
Canada News Wire, November 12, 2010
Business Method Patents
Presentation for The Canadian IT Law Association, June 6, 2011
Intellectual Property Issues for IT Law and Business
Canadian IT Law Association Conference, June 6, 2011
Scope of the Patented Medicine Prices Review Board
Journal of Intellectual Property Law & Practice (Oxford), May 30, 2011
New Charges in Maryland over Online Gaming
E-Commerce Times, May 30, 2011
Can a mere Hyperlink be Defamatory?
E-Commerce Times, May 25, 2011
Crossing Borders, Part 3: Getting Your Technology Employee to the US
E-Commerce Times, May 14, 2011
Crossing Borders, Part 2: Getting Your Technology Employee to Canada
E-Commerce Times, May 8, 2011
Crossing Borders, Part 1: The Intellectual Property Implications
E-Commerce Times, April 30, 2011
Immigration and Intellectual Property: An Overlooked Intersection in Today
E-Commerce Times, April 26, 2011
Seeing Red on Black Friday: Poker Sites Indicted for Fraud, Money Laundering and Illegal Gambling
E-Commerce Times, April 19, 2011
Crackdown on Full Tilt Poker Clouds Future of Online Gambling
Javad Heydary was interviewed by CKNW Radio on April 18, 2011
New Attempt in U.S. Congress at Reforming Online Gaming Laws
E-Commerce Times, March 29, 2011
Canadian Sues Google Over its Social Networking Buzz Program
E-Commerce Times, January 24, 2011
Governments & Online Gambling
Javad Heydary was interviewed by CKNW Radio (Michael Smyth Show), January 11, 2011
Growing Trends Towards Government Sanctioned Online Gaming
E-Commerce Times, December 29, 2010
Defending Chronic Pain and Chronic Fatigue Claims
Canadian Institute Conference, October 22, 2010
Twitter Libel Lawsuits: Defamation in 140 Characters or Less
E-Commerce Times, November 22, 2010
Fraud Ruling a Legal First
Financial Post, Friday, Nov. 12, 2010
Inside the Rim: Decrypting the Blackberry
E-Commerce Times, September 28, 2010
Online Gaming: Keeping up with the Joneses in the Global Community
E-Commerce Times, August 20, 2010
Geo-blocking: Fitting a Square Peg in a Round Hole
E-Commerce Times, July 27, 2010
Net Gambling Payers Caught in Controversial Legal Web
E-Commerce Times, May 25 2010
Canadian Pleads Guilty in Online Gambling Case
Globe & Mail, May 13 2010
Furor Over Online Furey Art
Hamilton Spectator, May 12 2010
YouTube's Copyright Fight Flares Up
E-Commerce Times, April 2010
US Patent Office Upholds Amazon 1-Click Patent
E-Commerce Times, March 2010
Putting a Patent on Human Genes
IPFrontline Magazine of Intellectual Property & Technology
March 5, 2010
How government programs help - First-time - buyers onto the property ladder
National Post, January 14, 2010
Employers Beware: Proposed Changes to the Processing of Temporary Work Permits
March 4, 2010
Small and mid-size companies - employment problems can be avoided with simple planning.
July 2008
Bay St. Law Firm sued for $750,000,000 in Class Action Lawsuit by former GM Dealers
February 2009
Keeping It Real for Cross-Border Online Shoppers
E-Commerce Times, January 2010
Social media meets local store marketing
Franchise Canada Magazine, January 2010
Black History Month 2010 - The Next Generation
February 3, 2010
Canada - Internet Piracy Haven
E-Commerce Times, December 2009
Stop taking Canadian Tire money, parts store told
Toronto Star, December 11, 2009
Protecting Business Methods in View of Bilski
IPFrontline Magazine of Intellectual Property & Technology, November 24, 2009
Legal Needs of Start-up Technology Companies
E-Commerce Times, October 2009
Protecting Intellectual Property Right From the Start
E-commerce Times, September 22, 2009
McFalafel owner to fight for his prefix
Toronto Star, September 10, 2009
U.S. Online Gaming Laws & Foreign Nationals - Pushing the Limits
E-Commerce Times, August 18, 2009
Canadian Indicted in U.S. on Online Gambling Charges
The Globe and Mail, August 7, 2009
Advertising Gold Mine or Legal Mine Field: Paid Advertising vs. Trademarked Key Words
E-Commerce Times, July 2009
Social Networking and the Courtroom: Micro-blogging Journalism via Twitter
E-Commerce Times, July 2009
Your Private Facebook Posts Could Turn Up in a Courtroom
E-Commerce Times, May 2009
Employees and Independent Contractors - Who Owns the Copyright?
E-Commerce Times, March 2009
Medical professional corporations:Process and tax benefits
Ontario has allowed regulated practitioners to incorporate and reap the benefits. The Regulated Health Professions Act, 1991 (Ontario) allows a number of health professionals, including but not limited to, Dentists, Surgeons, Audiologists, Dental Technicians, Psychologists, Nurses, Midwives and Massage Therapists to incorporate their practices. Further, the Social Services and Social Service Work Act, 1998 (Ontario) allows the benefits of incorporation to those who are members of that College. We intend to discuss the incorporation process, structure and tax benefits professional corporations governed by the Acts can have on will drafting.
Voluntary Disclosure Program and the Taxpayer
February 2009
Consequences of Unreported Income
February 2009
How is a Franchisor to Deal with a Franchisee Association
Franchise Canada Magazine, January 2009
Global E-commerce Laws - 2009 (Getting the Deal Through: e-Commerce 2009)
August 2008
Technological advances and privacy issues in the work place
National Post, June 2008
Final nail in the coffin for iPod levy
World Copyright Law Report, January 2008
The Verdict
CTV News Net, July 2007
Ontarios New Pilot Provincial Nominee Program - The Employer Category
Desi Talk (Canada)
June 2007
Heading for the Virtual Exits
Canadian Gaming Business Magazine, April 2007
RIAA found liable for defendant
World Copyright Law Report, April 2007
Spouse or Common-law partner in Canada - Where to start
Desi Talk (Canada), March 2007
Gaming in Canada Annual Conference
February 26-28, 2007: Toronto, Ontario
Canadian Professionals Working In The United States
Desi Talk (Canada), February 2007
Pre-Delivery Inspections
February 2007
Leaving Property To Young Children
January 2007
What is a Status Certificate and why is it important?
February 2007
The Future of Skilled Immigrants
Desi Talk (Canada), February 2007
Wrongful Dismissal in Ontario
December 2006
International Students - The Road to Permanent Residence in Canada
Desi Talk (Canada), February 2007
Solicitor Client Privilege and Execution of Anton Piller Orders
World Data Protection Report, November 2006
Title Theft Insurance In Ontario
November 2006
Refinancing Your Home
November 2006
Pre-nuptial Agreements
August 2006
Squares
Now Magazine, July 2006
Panel disagree over fate of cooperator.ca
World Trademark Law Report, July 2006
10 Ways We Can Help You When Buying A Home
July 2006
BitTorrent user hit with $35,000 default judgment
World Copyright Law Report, July 2006
Small Claims Court Procedures in Ontario
June 2006
Converting Your Property from the Registry System into the Land Titles System in Ontario
May 2006
Legal Opinion Letter for a Foreign Divorce
June 2006
Franchisors Urged to Take a Global View
Business Edge (Ontario Edition), March 2006
Land Surveys - Do You Need One?
March 2006
Opinion Split on Acts Protection of Franchisees
Law Times, March 2006
Obtaining an Uncontested Divorce in Ontario
May 2006
What is Mediation?
March, 2006
Legal Status of Online Gambling
Convergence Magazine, March, 2006
Mandatory Court-Connected Mediation
March, 2006
Powers of Attorney
June 2006
Governments Have Spyware in Their Sights
Business Edge (Ontario Edition), March 2006
Buying a home? What you Should Know About a Real Estate Closing in Ontario
June 2006
Appeal court rejects music downloaders fair use defence
World Copyright Law Report, February 2006
Conflicts between Joint Attorneys: Using Guardianship as a Solution
January, 2006
An Overview of Online Gaming in Canada
Lawyers Weekly, January, 2006
$200 Million in Lawsuits Against Firm
The Law Times, January, 2006
Are You Entitled to Dependant
January, 2006
OMNI TV
The Carolyn Weaver Show , January, 2006
Incorporation Canada: Incorporating a Business in Canada
January, 2006
Validity of Online Contracts: a North American Prospective
American Bar Association Canadian Law Newsletter, December, 2005
An Overview of Estate Executor
December 2005
The Importance of Having a Will
December 2005
Regulatory Body Grappling With Online Real Estate Businesses
E-Commerce Times, November, 2005
News headlines infringe copyright, court finds
World Copyright Law Report, November, 2005
Planning For Your Death: The Will as an Indispensable Tool
November, 2005
Landmark Canadian Internet Libel Decision (Bangoura) Reversed By The Ontario Court Of Appeal
World Internet Law Report, October, 2005
Big Brother is Watching You
The Toronto Sun, September 14, 2005
Copyright Bill Gets First Reading as Fears Grow Over Caching
World Copyright Law Report, September, 2005
Protect Your Company with Non-competition Agreements
Globe and Mail, August 30, 2005
Court Okays Use of Trademarks in Google Searches
E-Commerce Times, August, 2005
Henson Trusts - An Overview
August, 2005
Companies Step Up Electronic Monitoring of Employees
E-Commerce Times, July, 2005
Contractual Validity: Online Trading in North America
World Internet Law Report, July 2005
Buying a Home? Important Considerations When Things Go Wrong
Toronto, Ontario, June 29, 2005
Divisional Court Affirms Class Certification of Franchise Action Against A&P Canada
June 17, 2005
Local Taxation of Online Sales: Only a Matter of Time?
E-commerce Times, June 16, 2005
Online Gambling Site PartyGaming to Float IPO
E-commerce Times, June 5, 2005
Court of Appeal Enunciates Test for ISP Disclosure of Users Identity
World Internet Law Report, June 2005
Is Your Boss Monitoring Your BlackBerry?
E-commerce Times, May 26, 2005
New Law Clears Way for DVD Filtering Technology
E-commerce Times, May 12, 2005
New York Common Law Protects Recordings Out of Copyright, Court Rules
World Copyright Law Report, May 12, 2005
Advertising for Online Gambling - Is it Legal?
E-commerce Times, April 28, 2005
Court: Out-of-State Telecommuter Must Pay New York Income Tax
E-commerce Times, April 14, 2005
Report on Business TV
Michael Vaughan Live
January 27, 2005
Franchise Times - Legal Eagles
April 4, 2005
How to Obtain a Marriage Licence in Ontario
June 2006
Looking to the Law to Aid Software Users
IT World Canada, April 1, 2005
Identity Theft: Are Organizations Obliged To Notify Clients?
E-commerce Times, March 31, 2005
Crackdown on Illegal Downloading Brings Global Legal Action
E-commerce Times, March 17, 2005
Regulation of Online Dating Services Sparks Controversy
E-commerce Times, March 3, 2005
Appeals Court Takes the Middle Road on Webcasting Royalty Rates
World Copyright Law Report, March 2005
Drug Industry Steps Up Fight Against Online Pharmacies
E-commerce Times, February 18, 2005
Legal Implications of Using RFID Highlighted
E-commerce Times, February 3, 2005
Damages for Personal Injury in Ontario
Toronto, Ontario, January 24, 2005
Non-competition Agreements: Dangers of Overreaching
E-commerce Times, January 20, 2005
Anatomy of an IT Contract - Choice of Law, Forum, Venue
E-commerce Times, January 6, 2005
US Getting Serious About Spyware Laws
E-commerce Times, January 2, 2005
EBay Expresses Outrage over Arrest of Executive in India
E-commerce Times, December 20, 2004
Google Sues over "Click Fraud"
Google Sues over "Click Fraud"
Supreme Court declines to hear RIAA appeal in Verizon Case
World eBusiness Law Report, November 2004
FCC Bars States From Regulating VoIP
Mining of .uk Whois database is copyright infringement
World Copyright Law Report, November 2004
Court overrules forum-selection clause in AOL user agreement
World eBusiness Law Report, November 2004
Limits of Drafting One-Sided Agreements
E-commerce Times, October 28, 2004
No Obligation for Websites to Enable Disability Access, Court Rules
World eBusiness Law Report, October 2004
Patriot Acts Authority to Demand Internet Records Struck Down
World eBusiness Law Report, October 2004
Court Says E-Mail Insufficient as Employee Notification Tool
E-commerce Times, October 7, 2004
Ontario Ministry Consults on E-friendly Consumer Protection Regulations
World eBusiness Law Report, October 2004
Committee Considers Bill Against Double Taxation of Telecommuters
World eBusiness Law Report, October 2004
Use of Two-second Sample in Rap Song Constitutes Infringement, Court Rules
World Copyright Law Report, October 2004
Internet-only Pharmacies Get Government Green Light
World eBusiness Law Report, October 2004
Internet Gambling - Regulate or Litigate?
E-commerce Times, September 30, 2004
Appeal Court Asserts Jurisdiction Over Infringing Course Materials
World Copyright Law Report, September 2004
Laws, Bounties & International Cooperation: the Fight against Spam Continues
E-commerce Times, September 23, 2004
eBay not Liable for Online Comments Posted by User, Court Finds
World eBusiness Law Report, September 2004
Is a Website Sufficient To Establish Jurisdiction?
E-commerce Times, September 16, 2004
E-Commerce Protectionism and US Appellate Courts
E-commerce Times, September 9, 2004
Golf Scores v. Yacht Sales: Copyright Law and Data Extraction
E-commerce Times, September 2, 2004
DoJ and Civil Liberties Groups Unite to Appeal E-interception Decision
World eBusiness Law Report, September 2004
California Weighs Rules on Monitoring Workers
E-commerce Times, August 26, 2004
Domain Name Geography: Mexico Loses Fight over Mexico.com
E-commerce Times, August 19, 2004
Troubling Global Trends Emerging in Online Defamation
E-commerce Times, August 5, 2004
Canada Proposes Secure Electronic Signature Regulations
World eBusiness Law Report, June 2004
In Landmark Decision (Tariff 22), Supreme Court Rules ISPs Not Liable for Copyright Violations by Subscribers
World Copyright Law Report, July 2004
ICANN Faces Twin Challenges to its Domain Name Regulatory Practices
World eBusiness Law Report, April 2004
Canadian Federal Court Dismisses Motion to Compel ISPs to Disclose Identity of File Sharers
World Copyright Law Report, April 2004
Supreme Court of Canada Rules Law Society
World Copyright Law Report, March 2004
Canadian Recording Industry Begins Fight Against Music Uploaders
World eBusiness Law Report, March 2004
Legal Aspects of Buying a Franchise
The Commercial Investor, March 2004
The Fundamentals of Corporate Law
The Business Exchange, March 2004
Ontario Court Asserts Jurisdiction over Washington Post Based on Online Publication
World Internet Law Report, February 2004
Canadian Court Rules Against Samoan Company in Domain Name Case
World eBusiness Law Report, January 2004
Ontario's Franchise Law
The Business Exchange, February 2004
Introduction to Retail Lease Agreements
The Business Exchange, December 2003
Buying a Franchise: Legal Considerations
The Business Exchange, October 2003
Unanimous Shareholders Agreement: Summary Review
The Business Exchange, September 2003
Private Equity Funding: Securities Law Considerations
February 2003
The Civil Litigation Process - An Overview
The Business Exchange, November 2003
Buying a Business: Selected Due Diligence Issues
The Business Exchange, July 2003
