Jerry Topolski

Partner

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Jerry is a partner in the Litigation Group. He practices corporate and commercial litigation with a focus in recent years on intellectual property litigation.
 
Jerry represents a broad based clientele assisting on a full range of commercial matters. He has particular expertise on damage quantification, including on loss exposure and recovery.  He is regularly consulted by large and medium sized companies and pharmaceutical market participants. Jerry has also provided advice on white collar crime, shareholder disputes, bankruptcy proceedings, construction and employment matters. He regularly appears before various levels of the Ontario Superior Court, Quebec Superior Court and the Federal Court of Canada and is able to provide guidance on multi-jurisdictional disputes.
 
In recent years, Jerry has been counsel on a number of significant matters which have provided guidance to industry on complex loss quantification and recovery questions.  Some of these are:

• R. v. JTI-Macdonald Corp. et al. – responding to charges of fraud and conspiracy in respect of RCMP investigations arising from alleged loss of tax revenue to the Canadian government.
• Apotex Inc. v. Sanofi-Aventis Canada Inc. – claim for damages pursuant to section 8 of the Patented Medicines (NOC) Regulations.
• AstraZeneca Canada Inc. et al. v. Apotex Inc. et al. – claim for damages and lost profits arising as a result of asserted patent infringement.
• ADIR v. Apotex Inc. – claim for disgorgement of profits with unique issues arising as to whether profits were properly attributable as a result of the existence of non-infringing alternatives.
• Apotex Inc. v. Takeda Canada Inc. – claim for damages arising from delayed market entry.

Jerry is a frequent speaker on matters related to his practice, including for the Canadian Judicial Council/National Judicial Institute. As well, he lectures at the LLM Health Law IP course at Osgoode Hall Law School and on IP matters at other academic institutions. He is recognized as a leading Intellectual Property lawyer by Best Lawyers in Canada and is a featured leading lawyer and repeatedly recommended by The Canadian Legal Lexpert Directory.
 
Upon graduation from law school, Jerry earned numerous academic awards including the Board of Governors Medal awarded to the student standing first in the class. He clerked at the Court of Appeal of Alberta, completed his articling at Goodmans, and joined the firm as an associate in 2002.