Biography
Thomas helps clients navigate their intellectual property and commercial disputes practically, creatively, and successfully.
Thomas litigates varied contract, tort, and IP claims in a wide range of technical and creative fields, from entertainment to high tech. He regularly appears before the Federal Courts, all levels of Court in Ontario, and in international and domestic arbitrations. He has also represented clients in the British Columbia Supreme Court and the British Columbia Court of Appeal.
Whether they’re an artist protecting their creative work, an inventor commercializing their invention, or a business protecting their brand or market edge, Thomas advises his clients on using litigation as a tool to protect and advance their commercial interests.
Thomas attended Osgoode Hall Law School before summering and articling with Gilbert’s. Before law, he completed an Honours Bachelor of Science (Biology) at Queen’s University. In his free time, Thomas plays hockey, cycles, cooks, and enjoys the good company of his dog, Buster.
Representative Cases
Morell Enterprises LLC v Bruised Productions et al, ONSC File No. CV-24-717076-CL: Counsel to plaintiff in proceedings concerning governance of film production company and commercialization of film asset. Matter ongoing.
Siccardi ats Lighthouse Immersive Inc: Co-counsel to creditor in CCAA proceedings and co-pending arbitration relating to copyright in and commercial exploitation of “immersive works”.
Diogenes Limited ats DraftKings Inc: Co-Counsel to plaintiff in US District Court patent infringement action and in related inter partes review proceedings before Patent Trial and Appeal Board relating to various gaming patents. Matter ongoing.
EASY ats University of Toronto, Federal Court File No. T-948-22: Counsel to defendant tutoring companies in action by university concerning copyright and fair dealing. Matter ongoing.
Vandervelde v Mattamy et al, ONSC File No. CV-18-137597: Counsel to plaintiffs in action concerning fraudulent misrepresentations in subdivision development. Matter ongoing.
Steelhead et al v ARC Resources, BCSC File No. S-197484 (Vancouver): Counsel to plaintiff in litigation concerning breach of confidence and breach of the duties of good faith / honest contractual performance in respect of liquefied natural gas (LNG) project development. Matter ongoing.
Steelhead et al v ARC Resources et al, Federal Court File No. T-1488-20 (and related appeals): Counsel to plaintiff / defendant by counterclaim in patent infringement action concerning technology for liquefaction of natural gas.
Six Nations of the Grand River Band of Indians v Canada et al, ONSC File No. CV-18-594281: Counsel to proposed intervenor (the Haudenosaunee Development Institute) in major land claim litigation.
Haudenosaunee Development Institute v Metrolinx, ONSC File No. CV-23-694346 (and related appeals): Counsel to applicant in injunction proceedings concerning removal of trees at Osgoode Hall in Toronto (reported in the Toronto Star).
Arbutus Investment Management Ltd v Russell, 2023 BCCA 9: Appellate counsel in dispute concerning breach of fiduciary duty and breach of confidence in financial services industry.
Amelin Engineering Ltd v Steam-Eng Inc et al, 2020 ONSC 961, 2020 ONSC 962; 2021 ONSC 5799, 2022 ONCA 785: Counsel to plaintiff in action and appeal in action concerning alleged negligent misrepresentations regarding performance capabilities of steam generators.
Amelin Resources Inc v Victory Energy Operations LLC, ONSC File No. CV-15-531384: Counsel to plaintiff in action concerning breach of exclusive sales representative agreement and civil conspiracy. Matter settled.
- 2022 ONSC 4514: Successfully overcame defendant’s pre-trial motion seeking $700,000 in security for costs.
- Co-counsel in international arbitration between the same parties in Tulsa, OK.
The Corporation of the City of Brantford v Bomberry, et al, ONSC File No. CV-21-000288: Successfully represented a defendant in trespass action related to protest over development, including by bringing Anti-SLAPP motion.
THE Incorporated d.b.a. The Tragically Hip v Trillium Beverage Inc. d.b.a. Mill Street Brewery, Federal Court File No. T-236-21: Counsel to The Tragically Hip action against Mill Street Brewery alleging trademark infringement and passing off (reported on CBC).
Pliteq Inc v Ecore International Inc and Wilrep Ltd, Federal Court File No. T-365-20: Counsel to plaintiff in patent infringement action concerning sound insulating flooring underlayment.
Ecore International Inc v Pliteq Inc, Federal Court File No. T-1479-19: Counsel to defendant in patent infringement action concerning sound insulating flooring underlayment.
Pliteq Inc v Sof Surfaces Inc, ONSC File No. CV-18-611575: Counsel to plaintiff in litigation concerning passing off, trademark infringement, and false and misleading statements under Trademarks Act and Competition Act in respect of gymnasium flooring products.
Pliteq Inc v Ecore International Inc and Paley, Federal Court File No. T-875-16: Counsel to plaintiff in action concerning alleged false and misleading statements and depreciation of goodwill in various trademarks.
Pliteq Inc v Wilrep Ltd, Federal Court File No. T-554-16: Counsel to plaintiff in action concerning trademark infringement, depreciation of goodwill, and false and misleading statements related to sound insulating products.
Swist v MEG Energy Corp, Federal Court File No. T-1069-14, 2021 FC 10: Counsel to plaintiff in patent infringement and validity action related to steam-assisted gravity drainage technology for production of heavy oil. 2021 FC 198: Resisted claim for over $1,500,000 in legal fees, achieving an order for a small fraction.
Irvine et al v Rembrand Sports Inc (d.b.a.) Viktre, ONSC File No. CV-18-602102: Successfully represented plaintiff (professional wrestler, actor, and musician) in action and summary judgment regarding breach of contract, misappropriation of personality, and copyright infringement.
Wiseau Studio LLC et al v Harper et al, 2017 ONSC 6535: Counsel to documentary filmmakers successfully resisting injunction in action alleging copyright infringement and misappropriation of personality.
Awards
- Bereskin & Parr LLP Prize for the student with the highest standing in Patents at Osgoode Hall Law School, 2016