Albert Formosa

Partner*

Toronto
416.947.5012

Albert Formosa

Experience

Practice Areas

* Partner through a professional corporation

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)

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
Called to the Bar
  • Ontario (1986)

Education
  • LL.B., Queen's University, 1984
  • B.A., University of Toronto, 1981
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.

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

Publications

Legend: GeneralLitigationPropertyCorporateGovernment

News

Legend: GeneralLitigationPropertyCorporateGovernment

In the Media

Legend: GeneralLitigationPropertyCorporateGovernment

Printable PDF (opens in new window)
Media Contact