Mr. Sookman is one of Canada’s leading, highest ranked and most respected copyright lawyer and intellectual property lawyer with experience in copyright and intellectual property litigation, information technology litigation, and arbitration proceedings. He has extensive expertise in copyright matters including in anti-piracy, copyright litigation and enforcement, and infringement proceedings including infringements related to computer and entertainment software, software, music, books, databases, audiovisual and other works, technological protection measures, Internet disputes, license disputes, Crown copyright, rights clearances, and international copyright issues including copyright treaty compliance.. He regularly advises clients on copyright issues and has testified numerous times before Parliamentary and Senate Committees on copyright and intellectual property trade related issues.

In addition to providing strategic advice in connection with high-profile IP litigation, as a copyright lawyer and intellectual property lawyer, he has been involved as counsel in numerous cases including advocacy before the Supreme Court of Canada including in the following:

• SOCAN et al. v. Entertainment Software Association, et al. 2022 SCC 43 (Supreme Court of Canada)
• Keatley Surveying Ltd. v. Teranet Inc., 2019 SCC 43
• Google Inc. v. Equustek Solutions Inc., 2017 SCC 34 (Supreme Court of Canada)
• Canadian Broadcasting Corp. v. SODRAC 2003 Inc., 2015 SCC 57 (Supreme Court of Canada)
• Cinar Corporation v. Robinson, [2013] 3 SCR 1168 (Supreme Court of Canada)
• Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 34 (Supreme Court of Canada)
• Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37 (Supreme Court of Canada)
• 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)
• Teksavvy Solutions Inc. v. Bell Media Inc., 2021 FCA 100
• Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada, 2020 FCA 100
• 3510395 Canada Inc. v. Canada (Attorney General), 2020 FCA 103
• Re:Sound v. Canadian Association of Broadcasters, 2017 FCA 138
• Planification-Organisation-Publications Systèmes (POPS) Ltée v. 9054-8181 Québec Inc., 2014 FCA 185
• Equustek Solutions Inc. v. Google Inc., 2015 BCCA 265
• Alberta (Education) v. Access Copyright, 2010 FCA 198
• Canadian Wireless Telecommunications Association v. SOCAN [2008] FCA 6
• Apple Canada Inc. v. Canadian Private Copying Collective 2008 FCA 9
• Apple Canada Inc. v. Canadian Private Copying Collective, 2007 FCA 338
• Delrina Corp. v. Triolet Systems Inc. [2002] 17 C.P.R. 289 (Ont. C.A.)
• Delrina Corp. v. Triolet Systems Inc., 2002 CanLII 45083 (ON CA)
• 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.)
• Weitzman v. Hendin (C.A.), 1989 CanLII 4185 (ON CA)
• Consumers Glass Co. Ltd. v. Foundation Co. of Canada Ltd., 1985 CanLII 159 (ON CA)
• TBV Productions, LLC v. Doe, 2021 FC 181
• Evertz Technologies Limited v. Lawo AG, 2019 ONSC 2756
• Keatley Surveying v Teranet, 2016 ONSC 1717
• Keatley Surveying Ltd. v. Teranet Inc., 2013 ONSC 1361
• Robertson v. ProQuest Information and Learning LLC, 2011 ONSC 26
• Tariff 22 Proceeding (Making Available Right) (Copyright Board) (September 22, 2017)
• Tariff 22 Proceeding (the Internet Copyright Tariff) [1999] 1 C.P.R. (4th) 417 (Copyright Board)
• Gemologists International Inc. v. Gem Scan International Inc. [1986], 7 C.P.R. 225 (Ont. H.C.)
• 394363 Ontario Ltd. v. Fuda, 1983 CanLII 1627
• York Condominium Corp. No. 335 v. Cadillac Fairview Corp. Ltd.; Village Masonry Contractors Ltd. et al., Third Parties, 1983 CanLII 1734 (ON SC)
• Sega Enterprises Ltd. v. Codemasters Limited (unreported UK proceeding) Chambers Global (2015-2016)

 

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

Chambers Canada and Chambers Global (2015-2023) Intellectual Property (ranked highest in Band 1 or  “Senior Statesman”): “Barry Sookman is universally regarded as one of Canada’s foremost authorities on information technology and intellectual property issues. One client enthused: “He is excellent – he has the knowledge, the passion and the experience of how to navigate a matter to a successful conclusion.” “Barry Sookman is a renowned copyright expert, who recently acted for Music Canada as an intervener in an infringement case before the Supreme Court of Canada. Sources refer to him as “top-notch,” and say he “has his finger on the pulse of new market developments.”” “Barry Sookman is a recognised leader in the area of copyright, where he holds a wealth of experience.” “Barry Sookman is a recognised leader in the area of copyright, where he holds a wealth of experience. His work highlights include representing Teranet in copyright class action litigation against map surveyors in Ontario.” “Barry Sookman has a “great reputation” in the market as a talented lawyer who “wrote the book on IP and technology law.” He is particularly applauded for his work in copyright infringement matters.” “Technology specialist Barry Sookman is recognised throughout the market for his copyright practice. He is described as “a remarkably intelligent, sophisticated practitioner.” He is often retained as counsel on significant copyright mandates pertaining to websites.” “Barry Sookman is a popular choice for technology sector clients, as he offers “unparalleled copyright expertise” and deep knowledge of IP issues relating to the industry. Considered to be one of the country’s foremost experts on e-commerce issues, market commentators explain: “His ability to handle many different sides to things and his well-rounded practice sets him apart.”” “Technology industry stalwart Barry Sookman continues to be recognised as a leading light in the area of copyright and information technology. “You don’t just get top-notch advice, but there is a gravitas that comes with working with him,” revealed one client, adding: “He is so well regarded within the legal industry and the government.”” “Technology industry stalwart Barry Sookman continues to be recognised as a leading light in the area of copyright and information technology. Based in Toronto, he has also been engaged on major litigation files.“He has an encyclopedic knowledge of the law and is a leader in the field of technology law.”” Technology industry stalwart Barry Sookman continues to be recognised as a leading light in the area of copyright and information technology. Based in Toronto, he has also been engaged on major litigation files.
“Barry Sookman is a top Canadian IP and internet lawyer.”

IP Stars 2020-2022 – Copyright Lawyer Star

Canadian Legal Lexpert Directory (2003-2023): Listed in Computer and IT Law (Highest ranking – Most Frequently Recommended Lawyer), Technology Transactions (Highest ranking – Most Frequently Recommended or consistently recommended and Intellectual Property Law (Highest ranking – Most Frequently Recommended) categories. Also ranked in the Lexpert Special Edition Technology and Health Sciences (2022)

Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada published by Lexpert and American Lawyer (2003-2022): Top-ranked lawyer in Computer & IT Law, Technology Transactions and Intellectual Property

Benchmark Canada 2017-2021 Litigation Lawyer:  Intellectual Property Lawyer Litigation Star

The Legal 500 Canada (2019-2022)  Intellectual Property (Leading individual) “key contact is litigator Barry Sookman, who focuses on IT, IP and privacy matters.”Named to Hall of Fame” in Intellectual Property (2023) “Leading Individual” in Technology. ““Barry Sookman ranks among the market’s leading regulatory specialists.”

Technology, Media, Telecoms (2017) (Leading Lawyers) “Toronto-based Barry Sookman is widely regarded as a market leader and advised the International Federation of Film Producers Associations and the International Federation of the Phonographic Industry, as interveners, in a landmark case ordering a search engine to delist websites from search indexes globally.”

Best Lawyers (2008-2023) Ranked as the best Technology Lawyer of the Year, 2010, 2011, 2015, 2017,2018, 2021. Ranked by Best Lawyers in Information Technology, Technology, Intellectual Property, and Privacy and Data Security Law.

Who’s Who Legal: Canada (2011-2023)  “Peers describe him as a “seasoned lawyer” who is in a “class of his own”. “He is “the doyen on internet work” and is a “legend”. “Barry Sookman is described by peers a ‘world class’ and ‘an inspiration for other lawyers operating in this space’.” “Barry Sookman is in “a class of his own” according to our sources. Based in Toronto, his practice encompasses information technology and intellectual property matters including outsourcing, joint ventures, and licensing”. “Barry Sookman is a “major player” in the field and one of Canada’s “pre-eminent” practitioners advising upon information technology, internet, copyright and privacy law matters. He is described as practising at the forefront of the discipline and “has a close eye on industry developments.””

IAM: The World’s Leading patent and Technology Licensing Lawyers (2011-2017): “Barry Sookman garners plaudits for his commercial awareness and ‘enterprising approach’ to licence agreements”; among “’the absolute elite of licensing experts’. He maintains a thriving practice encompassing IP and IT transactions for an international clientele.” “Barry Sookman has a wealth of experience in tech. he excels in transactions.” Barry Sookman “brings experience and quality to the table and is a pleasure to learn from.” “Barry Sookman is quick to spot monetisation opportunities.”