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Jonathan Mesiano-Crookston

Firm: Goldman Hine LLP
Country: Canada

Practice Area: Commercial Litigation

  • 401 Bay Street, Suite 2410
    M5H 2Y4
Jonathan Mesiano-Crookston (BScH Biochem, JD) is a partner with the boutique commercial litigation firm of Goldman Hine LLP and a registered patent and trade-mark agent (for Canada and the United States of America).  He was awarded the IPIC Educational Prize for highest placement in the Canadian trade-mark agent examination. and in 2016, he was named a leading Toronto franchise lawyer by Lexpert after a peer-review process.
He has a very broad practice, with a business/commercial and litigation practice specializing in franchising (for both franchisors and franchisees) and distribution law, intellectual property, computer, privacy, and pharma/health matters.  He has successfully handled claims across a wide range of practice areas including all manner of business disputes, franchise rescission and misrepresentation claims, intellectual property claims including complex patent litigation matters, oppression claims, partnership and shareholder disputes, injunction claims, bankruptcy, and construction lien matters, amongst others. He represents clients before all levels of Federal and Ontario court, in arbitration and mediation proceedings, and before administrative tribunals
Jonathan has been interviewed by national media (Financial Post, Globe and Mail, Lawyers Weekly, The Law Times, CP24, and others), presented at trade and professional conferences, is a guest lecturer at Ryerson University on copyright and libel law, and has written frequently (including in peer reviewed journals) on a wide range of subjects including intellectual property, civil procedure, information law, and franchising.  His writings have featured in national and international media, and have been syndicated through legal update and news services.  He was awarded the Markus Cohen Q.C. Award for a paper he wrote in 2013, dealing with franchise rescission remedy issues.  He was awarded the JD Torys Writing Award for an earlier paper on telecommunications and media convergence.
Jonathan volunteers as a member of the Medical and Scientific Committee of Muscular Dystrophy Canada, as a board member of a non-profit childcare centre, and is an active member of various professional and trade organizations including the Canadian Franchise Association, the Association for the International Protection of Intellectual Property (AIPPI; where he represents Canada on the ADR standing committee), Intellectual Property Institute of Canada, and is an elected member of the Ontario Bar Association’s Franchising Section Executive.

Selected Matters
A brief selection of matters he has been involved in:
- Set law relating to what notice is required before a franchisee can be terminated, and clarifying the law of relief from forfeiture.
- Set new law with respect to Ontario litigation procedure.  This decision expressly clarifies, for the first time, that it is essential to provide a Discovery Plan before seeking evidence in Ontario litigation.
- Set new law dealing with what rescission rights are available pursuant to the Wishart Act when a disclosure document is provided by e-mail.
- Set new law about section 11 of the Wishart Act, and the interplay of that act and the Personal Property Security Act that furthers the protections given to franchisees by the Wishart Act.
- Successfully resisted summary judgment brought by a major financial institution against the personal owner of a small business corporation.
- Successfully overturned a WSIB categorization of certain contractors as employees for a client before the Workplace Safety and Insurance Appeals Tribunal, resulting in the client receiving a refund of three-quarters of a million dollars of insurance premiums.
- IP-related asset discovery, strategy, filing, prosecution, as well as IP-related contract drafting and review.
- Negotiating copyright, trade-mark, and patent infringement claims, including representing Canadian parties in DMCA copyright disputes.
- Abbott Laboratories v Canada (Health), 2009 FC 648, a Patented Medicines (Notice of Compliance) Regulations (“PM(NOC)“) proceeding in which a Canadian patent was found to double patent another – a rarity.  This was later overturned on appeal.  (The patent owner dedicated one of the patents in question to the public, after litigation had commenced, which nullified the double patenting.)
- Abbott Laboratories v Canada (Health), 2009 FCA 94, which upheld the decision in 2008 FC 1359.
- Abbott Laboratories v Canada (Health), 2008 FC 1359, a successful defence of a PM(NOC) pharmaceutical proceeding.
- Nycomed Canada Inc v Canada (Health), 2008 FC 555, a dismissal motion in a PM(NOC) proceeding.
- Nycomed Canada Inc v Canada (Health), 2008 FC 541, a dismissal motion in a PM(NOC) proceeding.
- Successfully defending a $500,000 copyright infringement demand and potential claim.
- Successfully representing the defendant to a $1M+ trade-mark infringement claim which resulted in the defendant receiving money in a negotiated settlement.
- Emergis Inc v. Doyle, 2007 CanLII 1914 (Ont SCJ), a successful defence of an appeal from an arbitrator’s unjust dismissal award (this appeal upheld the arbitrator’s award of damages).
- Recycle Plus Ltd v Toronto (City), 2004 CanLII 11505 (Ont SCJ), a lawsuit against the City of Toronto for breach of contract and other matters.

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