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Alan Aucoin

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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.

Professional Activities

In addition to his litigation practice, Alan taught contract remedies at Osgoode Hall Law School for a number of years. He has also participated as a demonstrator in the Law Society of Ontario's bar admission program.

Alan is certified as a fellow of the Chartered Institute of Arbitrators (CIArb) and is listed with the Toronto Commercial Arbitration Society (TCAS).

Alan has been a member of the Ontario Division of the Canadian Bar Association's Alternate Dispute Resolution Committee. He is currently a member of the Intellectual Property Institute of Canada and chair emeritus of the Intellectual Property Institute of Canada's Competition/Intellectual Property Committee. He is also an associate member of the American Bar Association and the American Intellectual Property Law Association and a member of Fédération International des Conseils en Propriété Intellectuelle (FICPI).

Education
CIArb Diploma in International Commercial Arbitration - 2013
Registered Trade-mark Agent, Canada - 1986
Admitted to the Ontario Bar - 1984
LL.M., University of Toronto - 1982
(Duff-Rinfret Scholar)
LL.B., University of Windsor - 1981
B.A. (Hon.), University of Toronto - 1977
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