At Fogler, Rubinoff, we believe that making a difference begins with trust. Experience and sound judgment earn it. Client relationships are built on it. Results keep it.

Catherine Hart

Associate

Toronto

PROFILE

Catherine is an associate in the firm's business law group and is developing a diverse corporate practice. Catherine completed her JD at the University of Toronto and her undergrad at Queen’s University. In her spare time, she enjoys running, practising yoga, and travelling.

 

Publications

NOVEMBER 20 2020

Canadian Innovation During the COVID-19 Pandemic

Many of the conversations during Canadian Innovation Week concerned efforts related to the fight against the COVID-19 pandemic. In this article we have outline some of the major developments in the past eight months with respect to intellectual property innovation during the pandemic.

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OCTOBER 21 2020

SCC Leave Denied: Public Authorities - Not Immune to Trademark Infringement Claims

The Supreme Court of Canada has denied leave to appeal of the Ontario (Energy) v Quality Program Services Inc.1 Federal Court decision, thereby bringing finality to whether public authorities are immune to trademark infringement claims arising from use of their official marks. 

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SEPTEMBER 29 2020

Trademark Use: No Need for a "Bricks and Mortar" Presence in Canada

Use it or lose it" is a staple expression known to Canadian trademark lawyers. Once a business successfully registers a trademark in Canada, it must "use" its registered mark in Canada or it may lose the protections provided by the Trademarks Act (the "Act"). 

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AUGUST 11 2020

Generic.com - Registrable in Canada?

The U.S. Supreme Court recently confirmed that a "generic.com" term may be eligible for federal trademark registration in the U.S., in certain circumstances. We will review the relevant decisions, discuss the Canadian legal framework with respect to registration of such mark and consider the implications of seeking registration of a "generic.com" or a "generic.ca" mark in Canada.

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JULY 20 2020

Businesses Beware: Depreciation in Goodwill Claims Not Bound by Industry Lines

The Federal Court of Canada (the "FCTD") recently released Toys "R" Us (Canada) Ltd v Herbs "R" Us Wellness Society, in which it considered whether a cannabis company, Herbs "R" Us Wellness Society ("Herbs R Us"), had breached Sections 20, 7(b) and 22 of Canada's Trademarks Act (the "Act") with respect to claims of trademark infringement, passing off and depreciation of goodwill. This is an interesting case in its review and application of Section 22 of the Act. It provides further protection for trademark owners in Canada.

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JUNE 15 2020

The Federal Court of Appeal Upholds Canada's Anti-Spam Legislation as Constitutional

On June 5, 2020, the Federal Court of Appeal released its decision in 3510395 Canada Inc. v. Attorney General of Canada et al., 2020 FCA 103, in which it upheld the constitutionality of Canada's anti-spam legislation. 

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MARCH 26 2020

How to Assist With the Medical Supply Shortage

As the COVID-19 pandemic continues to develop across Canada, medical professionals anticipate that there could be a shortage in medical supplies and equipment. While all levels of government have been taking steps to respond to COVID-19 and to obtain necessary supplies, they have also reached out to the private sector to assist.

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MARCH 24 2020

Is Your Business Essential?

On March 23, 2020, Ontario Premier Doug Ford ordered that that all non-essential stores and services be closed by Tuesday, March 24, 2020 at 11:59 p.m.. This follows a series of orders made by the provincial government, pursuant to its powers under the Emergency Management and Civil Protection Act, made in an attempt to slow the spread of COVID-19 and protect Ontarians during these unprecedented times.

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MARCH 23 2020

Employer Options During COVID-19: Work-Sharing Program

Many employers wish to avoid layoffs during this unprecedented economic climate. An option for employers is to work with their employees to create alternative employment arrangements. Work-Sharing is one program available to employers and employees that can accommodate a temporary reduction in business activity due to events beyond the control of the employer, such as COVID-19.

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MARCH 19 2020

What are Your Options as an Employer During the COVID-19 Pandemic?

During the COVID-19 pandemic, employers have to make tough decisions to ensure the long-term health of their businesses. Below are some options for employers when deciding how to manage their business in the coming weeks.

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Education

Called to the Ontario Bar 2020

University of Toronto, J.D., 2019

Queen’s University, B.A., 2015

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