Author Archives: David Lam

About David Lam

David Lam is a lawyer practicing business law, real estate law, intellectual property law (patents, trademarks, copyright, licensing), and litigation in the Greater Toronto Area. For more information and to contact David, please visit http://www.davidlam.ca.

Ontario court confirms new privacy tort

Earlier this year, the Ontario Court of Appeal in Jones v. Tsige, 2012 ONCA 32 confirmed the existence of a new tort of privacy, a cause of “action for intrusion upon seclusion”: One who intentionally intrudes, physically or otherwise, upon … Continue reading

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Setback for creation of Canada wide securities regulator

In the United States, the Securities and Exchange Commission (SEC) regulates capital markets, including the stock market throughout the entire country. In Ontario, the Ontario Securities Commission regulates the Toronto Stock Exchange (TSX), while in BC the British Columbia Securities … Continue reading

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Buying a home in Canada from a non-resident seller

Many people own more than one piece of real estate.  Perhaps it’s a cottage, or a condo that was rented out for investment purposes.  In some cases, the owner may not even live in Canada anymore. If you’re buying a … Continue reading

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Defamation and linking to defamatory materials

The Supreme Court today tackled the issue of whether a hyperlink linking to another web page with defamatory material is itself defamatory.  The Court concluded that the use of a hyperlink to link to another page with defamatory material is … Continue reading

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Status certificates are an essential resource when buying a condo

You’re all excited because you’ve just brought a condo in the city that you love. Whether it’s your first place or an investment property, when buying a condominium there are some special things to always keep in mind amidst all … Continue reading

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BC court confirms website terms of use enforceable as legal contracts

In Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196, the BC Court held that Rogers infringed Century 21’s copyright and terms of use by scraping Century 21’s real estate listings from its website and incorporating the … Continue reading

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What can a lawyer do for me as a homebuyer?

Whether you’re a first time homebuyer or a seasoned homeowner looking to move into a new house, it’s always recommended that you retain a lawyer to help you make sure the transaction goes as smoothly as possible. A real estate … Continue reading

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Changes to rules regarding .ca domain disputes

The Canadian Internet Registration Authority (CIRA) recently announced changes to the CIRA Domain Name Dispute Resolution Policy (CDRP). The CDRP, which governs disputes over .ca domain names alleged to be registered in bad faith, has been in effect since 2002. … Continue reading

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US patent system moves to first-to-file

Today, H.R. 1249, the America Invents Act, passed the US House of Representatives. The US Senate had passed a similar bill (S. 23) in March. The pair of bills have some differences between them that needs to be resolved, but together … Continue reading

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The drive to determine what is patentable

Last week, the U.S. Supreme Court agreed to hear an appeal of Mayo Collaborative Services v. Prometheus Laboratories, Inc., on the issue of whether or not methods of medical diagnosis are patentable in the US. Closer to home, tomorrow is … Continue reading

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