Partner at the firm Borden Ladner Gervais LLP
Intellectual Property Litigation; International Group; Commercial Litigation; Intellectual Property
McGill University, Bachelor of Laws, 1983
University of Calgary, Bachelor of Arts, 1979; University of Saskatchewan, Master of Arts, 1979
Kevin has broad and substantial litigation experience, having acted as defence counsel in major criminal cases from 1987 to 1992, counsel in insurance cases from 1990 to 1994, and as a lead commercial litigator from 1994 to 2000. Since 2001 Kevin has worked with BLG' s intellectual property group in representing clients in patent, trade-mark, and copyright disputes. His clients have included Schlumberger, Roche Diagnostics, Loblaw Companies Limited, and Giant Tiger Stores Limited. He has been certified by the Law Society of Upper Canada as a Specialist in Intellectual Property Law (Patent).
Kevin has extensive trial experience before the Ontario Court and the Ontario Superior Court. He has, as well, argued numerous cases before the Divisional Court, the Ontario Court of Appeal, and two cases before the Supreme Court of Canada (R. v. Papalia and Law Society of Upper Canada v. CCH Canada Limited). Kevin has appeared in a number of commercial arbitrations, including pricing arbitrations, as well as administrative tribunals, including the National Energy Board.
Apart from his legal practice, Kevin has, since 2005, lectured at the University of Ottawa Law School, where he teaches civil procedure. He publishes regularly and is editor of The Consolidated Intellectual Property Statues and Regulations (Carswell). He became a partner of Borden Ladner Gervais LLP in 1996.
Kevin received his Bachelor of Arts degree from the University of Calgary in 1975 and his Master of Arts from the University of Saskatchewan in 1979. He completed his Bachelor of Laws at McGill University in 1983. He was called to the Ontario Bar in 1987.
Areas of Practice
Teaching and Professional Associations
· Lecturer, University of Ottawa Law School (Civil Procedure).
· Member: Advocates' Society, Canadian Bar Association, Intellectual Property Institute of Canada, International Bar Association, American Intellectual Property Law Association.
· Chair, Publicity Committee, Canadian Bar Association Intellectual Property Section.
Publications and Editorships
· "Client Conflict Rules and Intellectual Property Practice in Canada " (2009) 24 C.I.P.R. 405
· Editor, 'Consolidated Intellectual Property Statutes and Regulations' (Toronto, Thompson Carswell, 2004-2007).
· Editor, Canadian Bar Association IP Case Quarterly.
· 'The Problem of Fine Distinctions: The Propriety of Questions in a Patent Discovery' (Dimock, Intellectual Property Disputes, Resolutions, and Remedies (Toronto, Thompson Carswell, 2006), Chapter 10.1.
· 'Appropriating Innovation: The Enforceability of University Intellectual Property Policies' (2005) 14.3 Education & Law Journal 241.
· 'Insurance Coverage in Intellectual Property Litigation: The Duty to Advise and Inquire' (2003) 16 Intellectual Property Journal 157.
· Intellectual Property and Related Commercial Litigation in Canada : A Primer for Foreign and In-house Counsel (2d), Borden Ladner Gervais LLP (2003) 183.
· The Business of Innovation: Intellectual Property Transactions in Canada, Borden Ladner Gervais, In-house publication, (2003) 163.
· 'A Note on the Liability of Patent Agents for Negligence and Breach of Contract' (2002) 25 Advocate's Quarterly 141.
· 'The Norwich Pharmacal Principle and its Utility in Intellectual Property Litigation' (2001) 24 Advocate's Quarterly 301.
Recent Seminars and Lectures
· Panelist, 14th Annual Intellectual Property Law: The Year in Review, panelist, Ottawa (2010)
· "Ethical Walls and Disqualification of Counsel", NYSBA Intellectual Property Law Section Summer Meeting (2007)
· 'Monetizing IP: Analyzing and Leveraging Patent Portfolios', The New Intellectual Property Economy, Orrick (2006).
· 'Managing Intellectual Property Disputes and Litigation', The New Intellectual Property Economy, Orrick (2006).
· 'Experimental Use: What's Fair and What's Not' IPIC Spring Meeting (2006).
· 'IP Litigation in Canada ' Seminar, Pennsylvania State Bar Association (2005).
· 'Appropriating Innovation - University Intellectual Property Policies' Seminar, Patent Informals Group (2005).
· 'Does the Canadian Litigation System Require Reform?' Debate, Patent Informals Group (2004).
· 'Commercializing Intellectual Property', LES Society (Calgary) 2003.
Selection of published cases:
SUPREME COURT OF CANADA
· The Law Society of Upper Canada v CCH Canada Limited 2004 SCC 13
· Kingston (City of) v Union Gas, March 28, 2003, Court File No. 29497
· R. v Papalia,  2 S.C.R. 137; S.C.J. No. 69
FEDERAL COURT OF CANADA
· Abercrombie & Fitch Co. v. Giant Tiger Stores Limited 2009 FC 492
· NAV Canada v. Adacel Technologies Limited 2009 FCA 855
· NAV Canada v. Adacel Technologies Limited 2006 FCA 227
· Loblaws Inc. v. Telecombo Inc. 2006 FC 634
· Loblaws Inc. v. No Frills Auto and Truck Rental Ltd. 2006 FC 537
· Schlumberger Canada Limited v. Trican Well Service Ltd. (2005), 43 C.P.R. (4th) 335
· Esco Corporation v. Quality Steel Foundries Ltd. 2005 FC 588
· Esco Corporation v. Quality Steel Foundries Ltd. 2005 FC 589
· F. Hoffman-La Roche AG v. Canada (Commissioner of Patents),  2 F.C.R. 405
· Esco Corp. v. Quality Steel Foundries Ltd.,  F.C.J. 1258
· Maxtech Manufacturing Inc. v. Alltrade Inc.,  F.C.J. No. 501
· Re: Patented Medicines (Notice of Compliance) Regulations,  22 C.P.R. (4th) 62
· Trojan Technologies, Inc. v. Calgon Carbon Canada, Inc.,  F.C.J. No. 1496
· Trojan Technologies Inc. v Calgon Carbon Inc.,  F.C.J. No. 1497
· Alliance to Save Our Greenbelt v National Capital Commission,  F.C.J. 546
· Rubin v Canada (Attorney General),  F.C.J. No. 601; 3 F.C. 642; 37 F.T.R. 152;  3 F.C. 642
ONTARIO COURT OF APPEAL
· Kingston (City of) v Union Gas,  O.J. No. 4396
· Sudbury v Union Gas,  O.J. No. 80
· Kingston (City of) v Union Gas,  O.J. No. 3485
· Ontario (Regional Assessment Commissioner) v 1159336 Ontario Inc.,  O.J. No. 4692
· Ottawa-Carleton Credit Union v Walsworth,  O.J. No. 2617
· Wilson v Efrem,  O.J. No. 1182
· R. v McGibbon,  O.J. No. 1936
· United States Court of Eastern District of Virginia v Hawamda,  O.J. No. 2252
ONTARIO SUPERIOR COURT OF JUSTICE
· Huhtamaki Company Manufacturing v. CKF Incorporated 2008, CarswellOnt 7100
· Webster v. Eric Taylor Webster (Estate of) (2006), 25 E.T.R. 3(d) 141
· Glenview Management Ltd. v. Axyn Corp. 2003, CarswellOnt 169
· Ontario v 1159336 Ontario Ltd.,  O.J. No. 469
· 3275060 Canada Inc. v R & H Designs Canada Inc.,  O.J. No. 516
· In the Matter of the Bankruptcy of Michel Vincent Mendenhall,  O.J. No. 55
· Rizk v Metropolitan Life Insurance Co.,  O.J. No. 2030
· Giaimo v Canada Trust,  O.J. No. 4000
· Grenier et al v Canadian General Insurance Company (1997), O.R. (3d) 343; O.J. No. 517
· National Bank of Canada v Ishac,  O.J. No. 4268
· Veilleux v Lionel Veilleux Ltd.,  O.J. No. 4274
· In the Matter of Cyrand Investments Ltd.,  O.J. 4566
· Godfrey v Valiquette,  O.J. No. 2676
· Gauvin v Ontario (Ministry of Environment),  O.J. No. 2525
· Descarie v Personal Insurance Company of Canada (1995) 23 O.R. (3d) 457; O.J. No. 1194
· R. v Allen,  O.J. No. 2699
· Arnold v Harris,  O.J. No. 538
· Arnold v Harris,  O.J. No. 91
· Re: Wambera,  O.J. No. 2493
· R. v Kennedy,  O.J. No. 1163
· Kingston Whig Standard v Ontario (Attorney General),  O.J. No. 1162
· R. v Kennedy,  O.J. No. 2208
· J.P. Lariviere Construction Ltd. v TFP Future Properties Inc.,  O.J. No. 2537; 48 C.L.R. 112
· Cleninghan v Cleningham,  O.J. No. 1609
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