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 https://www.davidlam.ca.

Trademarking a sound in Canada

Great news for marketers, as starting today, the Canadian Intellectual Property Office will accept trademark applications for a mark consisting of a sound. This means that previously unprotected marketing materials such as jingles, vocal slogans, and song snippets that are … Continue reading

Posted in Marketing, Trademark Law | Tagged | Leave a comment

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

Posted in Litigation, Privacy Law | Tagged , | Leave a comment

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

Posted in Business Law | Tagged | Leave a comment

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

Posted in Real Estate Law | Tagged , | Leave a comment

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

Posted in Litigation, Marketing | Tagged , , , | Leave a comment

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

Posted in Real Estate Law | Tagged , , | 2 Comments

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

Posted in Business Law, Copyright Law, Litigation, Marketing, Real Estate Law | Tagged , , | 1 Comment

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

Posted in Real Estate Law | Tagged , | Leave a comment

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

Posted in Business Law, Copyright Law, Litigation, Marketing, Telecom Law, Trademark Law | Tagged , , | Leave a comment

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

Posted in Patent Law | Tagged , | Leave a comment