Copyright ownership issues can move in unexpected directions

Trying to figure out who owns a software copyright can be tricky – and if litigation ensues, the issue of ownership can move in unexpected directions, Toronto civil and commercial litigator Patrick Summers writes in Lawyers Weekly. “Is there an employer? Who is the employer? Has the copyright been assigned? A case involving all these questions and how […]

Employee vs. partner decision relevant across industries

In upholding a Canadian law firm’s right to require that its equity partners retire at a certain age, the Supreme Court of Canada has clarified the need for detailed partnership agreements, says Toronto civil and commercial litigator Patrick Summers. In McCormick v. Fasken Martineau DuMoulin LLP, the Supreme Court has said Vancouver lawyer John Michael […]

Case provides some clarity on cross-examinations

A recent decision by the Superior Court of Justice has brought some clarification to the scope of cross-examinations on affidavits filed for motions for summary judgments, says Toronto civil and commercial litigator Patrick Summers. Mars Canada v. Bemco Cash & Carry, 2014 ONSC 4172 (CanLII) is an appeal of Master Barbara McAfee’s December 2013 order requiring […]

Expert evidence rules should be relaxed in summary judgment motions

Courts should take a more liberal approach to the rules regarding submission of expert evidence on summary judgment motions so that parties aren’t discouraged from using the process, says Toronto civil and commercial litigator Patrick Summers. Rule 39.02 of the Rules of Civil Procedure requires a party to seek leave from the court in order […]