MARGUERITE ETHIER is a partner at Lenczner Slaght.
Marguerite's litigation practice focuses on intellectual property and life sciences matters. She has litigated intellectual property cases in both Canada and the United States, and has been general counsel of pharmaceutical and medical device companies.
Marguerite is qualified to practice in Ontario and California. She is also a registered Canadian patent agent, a registered Canadian trade-mark agent, and a United States patent attorney.
Marguerite obtained her B.Sc. (Hons) in Genetics from the University of Alberta, her M.Sc. in Medical Genetics from the University of Toronto, and her LL.B. from Osgoode Hall Law School. She was admitted to the Ontario bar in 1992, and the California bar in 1993.
Marguerite is the Past Commodore of the Toronto Hydroplane and Sailing Club and a Past Chair of the Board of Directors of Streethealth Community Nursing Foundation.
CASES
Her recent representative engagements include the following:
SOCAN v. Bell Canada et al, 2010 FCA 123, 2010 FCA 139 - Judicial reviews of the Tariff 22 decision of the Copyright Board relating to fair dealing for online music services.
Indcondo Building Corporation v. Sloan [2010] O.J. No. 1803 - obtained dismissal of action based on discoverability of trustee in bankruptcy under s.38 of BIA.
Unicrop Ltd. v. Canada (Attorney General) 2010 FC 61, Judicial review of a decision of the Commissioner of Patents regarding non-payment of maintenance fees.
Biovail Corporation v. Minister of Health et al. 2010 FC 46; 2008 FC 1162 - PMNOC proceedings relating to a drug for type 2 diabetes mellitus.
Multi Formulations Ltd. et al v. Allmax Nutrition Inc. 2009 FC 897, 2009 FC 896, 2009 FC 416, Patent, Trade-mark and Competition Act claims relating to nutritional supplements.
Johnson & Johnson Inc. et al v. Boston Scientific Ltd. 2009 FCA 155, interlocutory proceedings in patent appeal relating to coronary stents.
Procter & Gamble Pharmaceuticals Canada Inc. et al. v. Minister of Health et al. 2009 FC 113 - PMNOC proceedings relating to an osteoporosis drug.
First Capital Realty Inc. v. Centrecorp Management Services Ltd. (2009) O.J. 2552 (Div. Ct.), Admissibility of affidavit evidence under Rule 39.02.
Chiang (Re) (2009) OJ No. 2958; (2009) 93 O.R. (3d) 483 (C.A.); 2009 OJ No. 625 (CA); 2008 OJ No. 2127; (2007) 85 O.R. (3d) 425 (S.C.J.); 2007 OJ No. 4085 - complex Commercial List bankruptcy and civil contempt matter.
Iovate HC 2005 Formulations Ltd. et al v. Allmax Nutrition Inc. et al (2009) O.J. 3487 - motion to stay Ontario action pending Federal Court proceedings.
Apotex Inc. v. Sanofi-Aventis et al. 2008 ONCA 724; [2008] OJ No. 1996; [2008] OJ No.85 – represented defendant Bristol-Myers Squibb in jurisdiction and forum motions regarding settlement of New York patent litigation.
Wang et al. v. Columbia Pictures Industries Inc. 2007 SKCA 133; 2006 SKCA 97 - represented The Weinstein Company LLC in Saskatchewan copyright infringement action relating to the sequel rights for “Crouching Tiger, Hidden Dragon”.
Petrillo v. Allmax Nutrition Inc. et al. (2006) 54 CPR (4th) 319 (F.C.) - obtained summary judgment in the Federal Court removing corporate officers and employees from trade-mark infringement action.
Sycor Technology Inc. v. Kaier et al. (2006) 79 O.R. (3d) 268 (S.C.J.) – motion to determine appropriate parties in breach of confidence action.
