Lawyer Profile Detail

Barry Sookman is a partner with McCarthy Tétrault and the Co-Chair of its Technology Law Group. He is also the former head of the firm’s Internet and Electronic Commerce Group. Prior to that, he was head of its Intellectual Property Group for six years. He is one of Canada's foremost authorities in the area of information technology and intellectual property law.

Barry Sookman is the author of the leading three-volume text, Sookman: Computer Law: Acquiring and Protecting Information Technology (Carswell, 1989-1999); the leading five-volume text, Sookman: Computer, Internet and E-Commerce Law (Carswell, 1999-2009); and Copyright: Cases and Commentary on the Canadian and International Law, co-authored with Steven Mason (Carswell, 2008). Barry Sookman is also the author of the book Computer, Internet and E-Commerce Terms: Judicial, Legislative and Technical Definitions (Carswell, 2001-2009). In addition, he is a contributing author to the following books: Gordon Henderson’s Copyright Law in Canada (Carswell, 1994); Barbara McIsaac’s The Law of Privacy in Canada (Carswell, 2000-2003), which was published by McCarthy Tètrault authors; George Takach’s The Software Business (McGraw Hill 1999); and Marco Giovanoli’s International Monetary Law: Issues for the New Millennium (Oxford 2000). Mr. Sookman is also the author of numerous articles dealing with information technology and intellectual property. As well, he is an adjunct Professor who teaches copyright at Osgoode Hall Law School, and a frequent speaker on legal issues related to computer, E-Commerce, Internet law and intellectual property.

Mr. Sookman has consistently been ranked by authoritative Canadian and international guides as among Canada’s top information technology and intellectual property lawyers. For example:

• Guide to the World’s Leading Technology, Media & Telecommunications Lawyers (2008): Ranked as the number one lawyer in Canada and among the world’s top three lawyers in the technology, media and telecommunication category.
• Canadian Legal Lexpert Directory (2003-2009): "Most Frequently Recommended" lawyer in the areas of computer and information technology and technology.
• Chambers Global (2005-2008): Described as a leader in the field of intellectual property. Clients describe him as "lucid in his approach and capable of absolutely brilliant advice."
• Chambers Global (2009): Leader in the fields of Information Technology and Intellectual Property. Described as "one of Canada’s foremost authorities in information technology, Internet, copyright and privacy law."
• Who’s Who Legal: The International of Who’s Who of Business Lawyers (2008): Described as the "highly capable Co-Chair of the Technology Group and former head of the Internet & e-Commerce Group."
• Canadian Legal Lexpert Directory: "Most Frequently Recommended Lawyer" in the area of information technology litigation.
• Guide to the Leading 500 Lawyers in Canada published by Lexpert and American Lawyer (2003-2009): Top-ranked lawyer in information technology law and technology transactions.
• Lexpert Magazine (2006): Top-ranked lawyer on list of "Canada’s 100 Most Creative Lawyers."
• Legal Media Group Best of the Best, Guide to the World’s Leading Lawyers (2009): Listed as one of the top Information technology experts in the world.
• Legal Media Group Best of the Best, Guide to the World’s Leading Lawyers (2005): Ranked as the top lawyer in Canada and listed among the Top 10 lawyers in the world in the fields of technology, media and telecommunications.
• PLC Which Lawyer? (2008): Ranked as a "Highly Recommended Individual" in the outsourcing category and as one of two leading individuals in the telecom and IT category.
• The Best Lawyers in Canada (2009): Recognized in the information technology law and technology law categories.

Mr. Sookman is very experienced in intellectual property and information technology litigation and arbitration proceedings. In addition to providing strategic advice in connection with high-profile IP litigation, he has been involved as counsel in numerous cases, including the following:

• SOCAN v. Canadian Assn. of Internet Providers [2004] SCC 13 (Supreme Court of Canada)
• CCH Canadian Ltd. v. Law Society of Upper Canada [2004] SCC 13 (Supreme Court of Canada)
• Robertson v. The Thomson Corporation [2006] 25 C.R. 363 (Supreme Court of Canada)
• Canadian Wireless Telecommunications Association v. SOCAN [2008] FCA 6
• Delrina Corp. v. Triolet Systems Inc. [2002] 17 C.P.R. 289 (Ont. C.A.)
• Nintendo of America Inc. v. Camerica Corp. [1991], 34 C.P.R. (3d) 193 (Fed. T.D.), affirmed [1991] 31 C.P.R. (3d) 352 (Fed. C.A.)
• Tariff 22 Proceeding (the Internet Copyright Tariff) [1999] 1 C.P.R. (4^th) 417 (Copyright Board)
• Gemologists International Inc. v. Gem Scan International Inc. [1986], 7 C.P.R. 225 (Ont. H.C.)
• Sega Enterprises Ltd. v. Codemasters Limited (unreported UK proceeding)

Mr. Sookman is also very experienced in providing advice in connection with complex information technology/intellectual property transactions including outsourcing and other strategic procurement relationships, joint venture transactions, and licensing. He has been involved as lead lawyer in Canada’s biggest and most complicated domestic and international outsourcing deals.

He also provides advice in connection with protecting and exploiting intellectual property and new media products, and has extensive expertise on legal issues related to copyrights, privacy and data protection, E-Commerce and the Internet.

Mr. Sookman has appeared on the cover of Lexpert magazine three times:

• June 2006 "Patent Trolls and Jury Trials, RIM’s Cautionary Tale";
• October 2003 "Getting IT: First-Mover Advantage in Information Technology"; and
• September 2000 "The Rise of the e-Commerce Lawyer."

Mr. Sookman is a member of the Joint Copyright Committee of the Canadian Bar Association and Patent Trademark Institute of Canada (PTIC). Mr. Sookman is a past chairman of the Canadian Bar Association ― Computer and Computer-Related Technology section. He is a member of the Association Litteraire et Artistique Internationale, the Computer Law Association and ITAC’s Legal Affairs Committee. Mr. Sookman is a former director of the Canadian IT Law Association. He is also a member and former member of the executive of the Toronto Computer Lawyers’ Group, and a member of the Licensing Executive Society and the Copyright Society of the USA. He is also a member of the University of Toronto Faculty of Law Centre for Innovation's Advisory Board and Osgoode Hall Law School’s IP Advisory Board. He is a graduate of Osgoode Hall Law School (1980) and was called to the Ontario bar in 1982. Mr. Sookman holds a BA from Concordia University (Interdisciplinary Studies in Science and Human Affairs) and a Master’s in Environmental Studies (MES) degree from York University (1980).