Al practises in the area of civil litigation with a particular focus on trademark, copyright, information technology and other intellectual property, shareholder rights and remedies, business valuations, commercial disputes, employment matters, real estate, commercial leasing and insolvency matters.

Al is also actively involved in providing advice to universities on research, academic and disciplinary matters as well as intellectual property and risk management issues.

Al Formosa is a litigator with extensive experience dealing with complex commercial litigation.

Al practises in the area of civil litigation with a particular focus on trademark, copyright, information technology and other intellectual property, shareholder rights and remedies, business valuations, commercial disputes, employment matters, real estate, commercial leasing and insolvency matters.

Al is also actively involved in providing advice to universities on research, academic and disciplinary matters as well as intellectual property and risk management issues.

Notable Mandates

Acted for an educational institution in connection with a dispute over confidential information, patent infringement and breach of fiduciary duty issues relating to an invention.

Acted for minority shareholders in connection with oppressive conduct by the majority shareholders who were depleting assets.

Acted for a public authority in connection with trademarks and official marks disputes.

Acted on a complex shopping centre title dispute including cross-easements and development projects which triggered protracted and complex litigation.

Acted as the chair of a Research Ethics Board involved in approving drug testing protocols.

Acted for the taxpayer on a judicial review application in the Federal Court concerning the denial of scientific research and experimental development claims under the Income Tax Act.

Acted on behalf of the landlord who was obliged to continue to provide use of its leased property under the Proposal provisions of the Bankruptcy and Insolvency Act which resulted in a decision that rent payments in the post-Proposal period had to paid when due under the lease.

Reported Cases

El-Ashram v Zachariah (2008), 169 ACWS (3d) 958 (Ont Sup Ct)

Omeganutrel lnc. v. Food Systems Innovations Inc. (August 24, 2006), [2006] F.C.J. No. 1287; 2006 FC 1023, (Federal Court of Canada)

Commandant v. Wahta Mohawks, (February 16, 2006),48 C.C.E.L. (3d) 38; 3 C.N.L.R. 14, (Ontario Superior Court of Justice)

Commandant v. Whata Mohawks, (January 5, 2006), 48 C.C.E.L. (3d) 29; 2006 CarswellOnt 23, (Ontario Superior Court of Justice)

Northumberland County Housing Corp v Harrison (2006), 151 ACWS (3d) 996 (Ont Sup Ct)

Dorothea Knitting Mills Ltd. v. Canada (Minister of National Revenue - M.NR.) (March 4, 2005), 2005 FC 318; 2005 D.T.C. 5177, (Federal Court of Canada)

Morganite Canada Corp. v. Wolfhollow Properties Inc. (October 24, 2003), 47 C.B.R. (4th) 89; 2003 CarswellOnt 4083, (Ontario Superior Court of Justice)

Society of Composers, Authors and Music Publishers of Canada v. Armitage, (March 27, 2001),22 C.B.R. (4th) 248 ; 2001 CarswellOnt 854, (Ontario Court of Appeal)

ECS Educational Consulting Services Canada Ltd. v. United Arab Emirates (Armed Forces) (November 16, 2000), 3 C.P.C. (5th) 76 ; 2000 CarswellOnt 4538, (Ontario Court of Appeal)

Society of Composers, Authors and Music Publishers of Canada v. Armitage, (October 27, 2000), 50 O.R. (3d) 688 ; 20 C.B.R. (4th) 160, (Ontario Court of Appeal)

Cosgrove-Moore Bindery Services Limited, (May 10, 2000), 48 O.R. (3d) 540 (Ontario Superior Court of Justice)

ECS Educational Consulting Services Canada Ltd. v. United Arab Emirates (Armed Forces) (March 1, 2000), 44 C.P.C. (4th) 127; 2000 CarswellOnt 558, (Ontario Superior Court of Justice)

ECS Educational Consulting Services Canada Ltd. v. United Arab Emirates (Armed Forces) (January 31, 2000), 44 C.P.C. (4th) 111 ; [2000] O.J. No. 211, (Ontario Superior Court of Justice)

Banks v. Milani, (March 24, 1997), 32 O.R. (3d) 557 ; 145 D.L.R. (4th) 55, (Ontario Court of Appeal)

Milani v. Banks, (November 2, 1992), 98 D.L.R. (4th) 104 ; 1992 CarswellOnt 822, (Ontario Court of Justice, General Division)

Attorney-General of Canada and Northumberland General Insurance Co., Re, (September 5, 1986), 56 O.R. (2d) 609; 31 D.L.R. (4th) 658, (Ontario High Court of Justice)

Publications

"Client Newsletter - Winter 2012", WeirFoulds LLP, December 2012 (with Lori Duffy and John Wilkinson)

"Personal and Ethical Use of Work Computers", WeirFoulds LLP Winter 2012 Client Newsletter, December 2012 (with John Wilkinson)

"Working in Canada: An Overview of Employment Law", WeirFoulds LLP, October 2011 (with Krista Chaytor, Sean Foran, Les O'Connor, Maralynne Monteith, John Wilkinson, Raj Anand, N. William Ross, Rachel Goldenberg, and Faren Bogach)

"The Landlord, the Knock Off, the Potential Liability", WeirFoulds LLP Property Update - Summer/Fall 2008, August 2008

Co-author "Restaurant Uses: Top 4 Issues & Related Clauses", International Council of Shopping Centres, 2006

Co-author "Using the Rules In Mandatory Mediation: Effective Timing of Mediation", Gold Standard ADR, ADR Institute of Canada Inc., 2005

Co-author "Update on Landlord/Tenant Issues in Insolvency and Bankruptcy", Law Society of Upper Canada's Continuing Legal Education program, 2003 & 2005

Studies Abroad, Liability Issues, Ryerson University, Risk Management in Higher Education Workshop, 2000

Speaking Engagements

Confidential Information from a Litigator's Perspective, University of Western Ontario Faculty of Law, 2008

Privacy, Document Retention and E-Discovery, Canadian Association of University Solicitors, 2007

Round Table Discussion Leader, Restaurant Uses: Top 4 Issues & Related Clauses, International Council of Shopping Centres, 2006

Using the Rules In Mandatory Mediation: Effective Timing of Mediation, Gold Standard ADR, ADR Institute of Canada Inc., 2005

Client Communication and Time Management Done Right, Third Annual New Lawyer Experience, Law Society of Upper Canada, 2004

Workshop on Investigations and Discipline Procedures, University of Guelph, 2004

Update on Landlord/Tenant Issues in Insolvency and Bankruptcy, Debtor-Creditor Seminar, Law Society of Upper Canada's Continuing Legal Education program, 2003 and 2005

Workshop on Administrative Decision Making Policies, Academic and Copyright Issues, University of Guelph, 2003

Program Counsellor Workshop, Council on Undergraduate Academic Advising, University of Guelph, 2003

Strategies in Dealing with Lease Defaults, Federated Press, 2002

Employment and Volunteer Issues, Loman Educational Seminar, 2001

Liability Workshop, University of Guelph, 2001

Research Issues, Contracts and Liability Issues, Canadian Association of University Research Administrators, 2001

Liability Issues, Ontario Association of College & University Housing Officers, 2001

Risk Management in Higher Education – Studies Abroad, Ryerson University, 2000

Issues of Liability and Due Diligence, University of Guelph, 2000

Copyright Law: In A Nutshell, Ryerson University, 1999 and 2000

Distress in Commercial Lease Situations, Canadian Bar Association, 1994

Professional Activities

Guest Lecture on Confidential Information, University of Western Ontario, Privacy and Information Law, 2008

Guest Lecture on Contracts and Confidentiality issues, University of Guelph, Faculty of Engineering

Seminar Leader, Advanced Intellectual Property, University of Western, 2000, 2001, 2003 and 2005

Affiliations

Canadian Bar Association

Ontario Bar Association

The Advocates' Society

Toronto Lawyers Association

Canadian Association of University Solicitors

National Association of College and University Attorneys

Outer Harbour Centreboard Sailing Club

Community Involvement

Al is the manager and assistant coach for a boys competitive basketball team.

Partner*

Toronto
Direct 416.947.5012
Fax 416.365.1876
aformosa@weirfoulds.com
* Partner through a professional corporation

Practice Areas

Litigation
Called to the Bar
Ontario (1986)
Education
Queen's University
LL.B. 1984

University of Toronto
B.A. 1981

Professional Activities

Guest Lecture on Confidential Information, University of Western Ontario, Privacy and Information Law, 2008

Guest Lecture on Contracts and Confidentiality issues, University of Guelph, Faculty of Engineering

Seminar Leader, Advanced Intellectual Property, University of Western, 2000, 2001, 2003 and 2005

Affiliations

Canadian Bar Association

Ontario Bar Association

The Advocates' Society

Toronto Lawyers Association

Canadian Association of University Solicitors

National Association of College and University Attorneys

Outer Harbour Centreboard Sailing Club

Community Involvement
Al is the manager and assistant coach for a boys competitive basketball team.

Called to the Bar

Ontario (1986)

Education

Queen's University
LL.B. 1984

University of Toronto
B.A. 1981