Partner

  • Admitted to the Bar, 1991, Manitoba.

Education

  • Dawson College Professional Theatre Program (1975-1978).
  • University of Winnipeg (B.A., 1987).
  • University of Manitoba (J.D., 1990).
 

Member

  • Canadian Bar Association.
  • Manitoba Bar Association.
  • Fellow of the Intellectual Property Institute of Canada.
  • Manitoba Advocates Society.
  • Association des Juriste D’Expression Française du Manitoba.
  • Life Science Association of Manitoba.
  • Canadian International Pharmacy Association.

Positions

  • Adult Abuse Registry Committee, Panel Member, Appointed by the Lieutenant Governor in Council to a 3 year term in January 2016
  • Intellectual Property Institute of Canada, Chair of Litigation Committee (2014-2016)
  • Manitoba Bar Association, Technology and Intellectual Property Section, Co-Chair (2014-present)
  • Federal Court Intellectual Property Users Committee
    • CBA Representative (2010-2013)
    • Serving as Chair of the Bar Members (2012-2013)
  • Performing Arts Lodge, currently serving as Co-Chair
  • Children’s Hospital Foundation of Manitoba, Board of Directors, Member (1987-2007), President (2000-2002)
  • Manitoba Institute of Child Health Inc., Board of Directors, Member (2002-2014)
  • Teddy Bears' Picnic, Founding Chair (1986-1993), Operations Chair for 28 years
  • Canadian International Pharmacy Association, Secretary and General Counsel (2002-present)
  • Harold G. Fox Moot, Co-Coach for the University of Manitoba Team (2014-present)
  • Taylor McCaffrey LLP Intellectual Property Group, Chair, (1997-present)

John Myers practises primarily in the areas of intellectual property protection and enforcement (copyrights, trademarks, domain names, trade secrets, confidential information and patent litigation), with an emphasis on issues related to the pharmaceutical industry. Since 1991, he has represented clients before the Manitoba, Ontario and British Columbia Courts, the Federal Court, the Federal Court of Appeal and the Supreme Court of Canada, and in arbitrations before the World Intellectual Property Organization, the National Arbitration Forum and the International Chamber of Commerce, and has coordinated litigation before the courts in the Republic of Singapore, the Hong Kong Special Administrative Region and numerous jurisdictions within Canada and the United States.

Lecturer

University of Manitoba Faculty of Law; Law Society of Manitoba Bar Admissions Course; Mr. Myers is a frequent speaker at conferences and seminars in Canada and the United States relating to all aspects of intellectual property with a focus on the pharmaceutical industry. A detailed speaking vitae is available upon request.

Author

  • “Protecting and Enforcing Intellectual Property Rights: a (Short Primer)”, with John-Paul Bogden. The 1998 Isaac Pitblado Lectures.

Range of Litigation and Regulatory Matters

With the assistance as required of an experienced team of other lawyers and paralegals, Mr. Myers conducts the following types of litigation:

  • copyright, trademark, domain name and patent disputes
  • confidential information and trade secret disputes
  • acting as a supervising solicitor for the execution of Anton Piller orders
  • issues arising from employee migration in high-tech industry sectors
  • responding to regulatory issues, primarily in the pharmaceutical field
  • supervising litigation and commercial arbitrations in the United States, Europe and Asia
  • appearing as counsel for organizations that represent the interests of persons with disabilities at a number of inquests examining the deaths of disabled children and adults.
  • a wide variety of matters involving Access to Justice issues and public interest cases

Peer Recognition

  • Co-Recipient of the Manitoba Bar Association's Access to Justice Award for representing three families seeking Medical Assistance in Dying
  • Co-Recipient of the Manitoba Bar Association's Pro Bono Public Interest Project Certificate of Recognition for 2015 ("St. Amant Residents" Project)
  • Co-Recipient of the Manitoba Bar Association’s Pro Bono Public Interest Project Certificate of Recognition for 2008 (“Bannerman” Project)
  • Recipient of the Teddy Award from the Children’s Hospital Foundation in September, 2006
  • Recipient of the Commemorative Medal for the Golden Jubilee of Her Majesty Queen Elizabeth II for making a “significant contribution to the community, his fellow citizens and to Canada” as an advocate for child health and pediatric research
  • Recipient of the Manitoba Bar Association’s Pro Bono Public Interest Project Certificate of Recognition for 1999 ("Thomas" Project)
  • Recipient of the Manitoba Bar Association’s Community Involvement Award for 1996-1997
  • Accepted the Mayor’s Volunteer Service Award on behalf of more than 1,500 Teddy Bears’ Picnic Volunteers in 1996
  • William McAllum Memorial Scholarship for the Study of Law (1987-1989).

Cases of Note

  • The first three cases in Manitoba requesting a Carter Exemption Order allowing a person to receive medical assistance in dying in the following:
    • Patient v Attorney General of Canada et al, 2016 MBQB 63
    • Patient #2 v Attorney General of Canada et al, 2016
    • Patient #3 v Attorney General of Canada et al, 2016
  • Obtained an Order of Mandamus compelling the Minister of Health to issue a Natural Health Product License for the smoking cessation lozenge RESOLVE and an Order of full indemnity costs in the following:
    • Winning Combination Inc. v. Canada (Health), 2016 FC 381
  • Obtained an award of damages and costs totaling $6.5M as well as a six year injunction in a case involving the misappropriation of trade secrets relating to a pharmaceutical product:
    • Apotex Fermentation Inc. v. Novopharm Ltd., (1998) CanLII 4886 (MBCA).
  • Obtained an order extending the duration of an injunction imposed against Novopharm for an additional 18 months, bringing the total to 7.5 years:
    • Apotex Fermentation Inc. v. Novopharm Ltd., 2000 CanLII 20744 (MBQB).
  • A challenge to the Government of Canada’s interpretation of the Canada Assistance Plan relating to overpayment deductions from welfare recipients:
    • Finlay v. Canada (Minister of Finance), (1993) 101 D.L.R. (4th) 567 (SCC).
  • Represented a disability rights organization in a case involving a challenge to the Criminal Code provisions related to assisting suicide:
    • Rodriguez v. British Columbia (Attorney General), (1993) 107 D.L.R. (4th) 342 (SCC).
  • A successful appeal which set aside an Anton Piller order and established guidelines for granting such orders:
    • Pulse Microsystems Ltd. v. SafeSoft Systems Inc., 1996 CanLII 7295 (MBCA).
  • Obtained an order preventing a cable company from unilaterally terminating a 25-year old service contract entered into with a non-profit housing cooperative:
    • Shaw Cablesystems (Manitoba) Ltd. v. Canadian Legion Memorial Housing Foundation (Manitoba), (1997), 143 D.L.R. (4th) 193 (MBCA).
  • Acted for 8 intervenors in a case which examined a court’s jurisdiction to order a pregnant woman into a treatment program for substance abuse:
    • Winnipeg Child and Family Services (Northwest Area) v. D.F.G., [1998] 1 W.W.R. 1 (SCC)
  • Successfully defended Apotex Fermentation Inc. in a judicial review proceeding that attempted to quash a Notice of Compliance for the drug Apo-Lovastatin:
    • Merck & Co. v. Canada (Minister of Health), 1999 CanLII 8752 (FCA).
  • Represented the Intervenor Adoption Council of Canada in relation to provisions of the Citizenship Act that discriminate against adoptive families. Ms. McKenna’s two adopted children were ultimately granted Canadian citizenship:
    • Canada (Attorney General) v. McKenna, (1998) 167 D.L.R. (4th) 488 (FCA).
  • Obtained an injunction preventing the Manitoba Agricultural Credit Corporation from selling farm property and ultimately obtained an order returning the farm property to the debtor:
    • M & D Farms Ltd. v. Manitoba Agricultural Credit Corporation, 1998 CanLII 779 (SCC).
  • Successful defence of Singapore distributor for Apotex Inc. where the trial and appeal courts concluded that there was no infringement of certain process claims and the court declared the product claims of Merck’s patent to be invalid relating to the compound Lovastatin:
    • Merck & Co. v. Pharmaforte PTE Ltd. [2002] 2 SLR, 515 (H.C.); affirmed [2000] 3 SLR 717 (C.A.).
  • Acted as supervising solicitor for the execution of an Anton Piller order in the direct to home satellite television industry:
    • News Datacom Ltd. et al v. Northern Satellite Technologies Ltd. et al. Unreported Order of Darichuk J. granted October 24, 2000 (MBQB).
  • A successful appeal which set aside a Mareva injunction and attaching order and established guidelines for granting such orders:
    • Paul Clark et al v. Nucare PLC, 2006 MBCA 101.
  • Successful appeal relating to the manner in which the drug Apo-Omeprazole is to be listed on the Manitoba Interchangeability Formulary:
    • AstraZeneca Canada Inc. et al v. Manitoba et al, 2006 MBCA 21. (Leave to appeal to the Supreme Court of Canada refused.)
  • Was part of a team of lawyers which secured an interim injunction preventing the City of Winnipeg from evicting tenants with disabilities from two houses in the city's north end while issues related to the validity of certain zoning bylaws were being challenged:
    • Hadden et al v. City of Winnipeg - Court of Queen’s Bench.