Jerry Topolski

Partner

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Jerry is a partner in the Litigation Group at Goodmans. He practises corporate and commercial litigation with a focus on intellectual property litigation.

Jerry represents a broad-based clientele assisting on a full range of commercial matters. He regularly acts for large and medium-size companies and pharmaceutical market participants. He has particular expertise on damage quantification, including on loss exposure and recovery. 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.

REPRESENTATIVE WORK

Jerry’s recent representative work includes acting as counsel on a number of significant matters, which have provided guidance to industry on complex loss quantification and recovery questions, including:

• 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

RECOGNITION

Jerry is recognized as a leading intellectual property and Corporate and Commercial Litigation lawyer by Best Lawyers in Canada and is a featured leading lawyer in and is repeatedly recommended by The Canadian Legal Lexpert Directory.

PROFESSIONAL INVOLVEMENT AND PRO BONO

Jerry is a frequent speaker on matters related to his practice, including for the Canadian Judicial Council/National Judicial Institute. He lectures in the LLM Health Law Intellectual Property course at Osgoode Hall Law School and on intellectual property matters at other academic institutions.

Jerry regularly seeks opportunities for and undertakes pro bono work for a number of clients.  Recently, he has been active in working with Syrian refugee claimants.

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.