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Robert Tremblay

is an associate at BHOLE IP LAW in Toronto, Canada. He assists with preparing and negotiating technology-related commercial agreements, including cloud agreements, as well as protecting and enforcing IP assets. Robert has a background in mechanical engineering and law. He has deep roots in the Toronto legal and startup communities, and currently serves as Marketing Chair at the Toronto Chapter of the Licensing Executives Society and as a mentor at the University of Toronto Entrepreneurship Hatchery. 

For more information or to contact Robert, please visit his Firm Profile Page.

Recent Articles by Robert Tremblay

Toronto Real Estate Board Dispute Shows Awkwardness of Copyright Protection for Databases

Legal protection for databases in Canada is, perhaps surprisingly, a little convoluted. In some jurisdictions, unique database rights have been legislated (e.g. the EU). This is not yet the case in Canada where protection instead comes from a patchwork of rights provided by different regimes. Traditional intellectual property (“IP”) rights provide some protection, but with sufficient gaps to make exclusive reliance on IP inadvisable… In the decision, the Competition Tribunal found that the information in the MLS database does not attract copyright protection. The decision sets out the Tribunal’s attempt to apply the relevant copyright case law to determine whether copyright subsists in the overall arrangement of information in the MLS database.

Supreme Court of Canada Rules on the Enforceability of Forum Selection Clauses in Online Contracts

The Supreme Court of Canada has just released a decision (Douez v. Facebook, Inc., 2017 SCC 33) that provides a framework for assessing the enforceability of forum selection clauses. The decision continues the trend of affording protection to consumers in the face of considerations of uneven bargaining power in un-negotiated online contracts referred to as “contracts of adhesion”… A few years ago, Facebook released an advertising product that used the name and picture of Facebook users, allegedly without their consent. BC’s Privacy Act offers a cause of action for breach of privacy rights. The Plaintiff in this case sought to adjudicate the alleged infringement of her privacy rights in BC courts (as part of a class action comprising Facebook users).