J. Alan Aucoin, FCIArb.
Partner | Toronto
Toronto: 416-863-2635

Alan is a senior litigator and arbitrator practising in a number of areas that span commercial, regulatory, intellectual property and technology. His practice includes appearances and opinions relating to, among others, conflicts of law and jurisdiction concerns, regulatory issues in the financial services sector, partnership and shareholder disputes, privacy, technology disputes, and satellite technology licensing. He also advises on issues relating to biometrics, oil and gas pipelines, pharmaceutical development and varied patent, trade-mark, and copyright issues.

Alan has appeared before the Supreme Court of Canada as well as the trial and appellate divisions of the Ontario Court of Justice and the Federal Court of Canada. His appearances also include administrative tribunals, domestic and international arbitrations and mediations, and Advertising Standards Canada.

SELECT EXPERIENCE

Public Disputes

  • ABB Technology AG, et al. v. Hyundai Heavy Industries Co., Ltd. - Representing Hyundai in a patent trial resulting in a judgment finding non-infringement and ABB’s patents invalid
  • TCR Holding Corp v. Ontario - Application setting aside a mistaken amalgamation
  • Eastern Power Ltd. v. Azienda Communale Energia & Ambiente - Forum non conveniens motion avoiding an action for C$185-million
  • MBNA Canada Bank v. Canada (Financial Consumer Agency) - Judicial review application setting aside the Commissioner’s findings on grounds of failing to follow procedure
  • Vivitar Canada Ltd. v. Vivitar Corp. - Injunction to have terms of distribution agreement remain in force
  • Morsviazsputnik v. Stratos Global Corp. - Defeated injunction attempt to enforce marine satellite services contract
  • Abraham v. Canadian Admiral Corp (Receiver of) - Successful appeal respecting the constitutional paramountcy of the Canada Bank Act over provincial statutory deemed trusts for vacation pay
  • Conroc Limited v. Q.N.S. Paper Company Limited - Successfully defended company sued for C$10-million regarding an agreement for services with no expressed termination clause
  • Darianne International Canada Inc. v. Banco di Napoli International S.A. - Successfully defended a foreign bank in an Ontario action relating to loan agreements for Romanian food plants

Non-Public Disputes

  • Successfully defended a C$150-million claim in arbitration and on appeal relating to a licence agreement dispute between two pharmaceutical companies
  • Successfully defended coal supplier in an arbitration to set aside contractual pricing mechanism for coal
  • Mediation resulting in the recovery of a stolen invention belonging to a foreign pharmaceutical company
AWARDS & RECOGNITION

As reported for the past five years in The Best Lawyers in Canada, Alan has been voted by his peers as one of the leading intellectual property lawyers in Canada.