David Tait: Lawyer with McCarthy Tétrault LLP

David Tait

Toronto,  ON  Canada

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Experience & Credentials

Practice Areas

  • Intellectual Property
  • IP Litigation
  • Pharmaceutical
  • Life Sciences
  • Litigation
Mailing AddressSuite 5300, TD Bank Tower, Toronto Dominion Centre, Toronto, ON, M5K 1E6
University Queen's University, B.Ed.; University of Waterloo, B.S., Honours Chemistry
Law SchoolUniversity of Western Ontario, LL.B.; University of Ottawa, Master of Laws
Admitted2003, Ontario

David Tait is a partner in our Litigation Group in Toronto and joined the firm in 2006.

Mr. Tait focusses his practice on the resolution of intellectual property disputes (patents, trade marks and copyright) and related commercial issues, by providing strategic advice and litigation services to a variety of clients.

With regard to patent law and patent litigation in Canada, Mr. Tait frequently represents innovative life sciences and pharmaceutical industry clients in patent infringement actions, PM(NOC) proceedings and section 8 damages cases. He also provides strategic regulatory and litigation advice on medicines (Notice of Compliance), natural health products (Natural Health Product Licence) and Patented Medicines Prices Review Board issues.

Mr. Tait represents clients before the Federal Court, the Federal Court of Appeal and the Ontario Court.

As a part of the firm's on-going commitment to pro bono activities, Mr. Tait also provides pro bono representation and performs other pro bono services including the assistance of child refugee claimants as designated representative before the Immigration and Refugee Board of Canada.

Mr. Tait received his Master of Laws from the University of Ottawa where he prepared a thesis on the subject of software copyright infringement. Mr. Tait received his Bachelor of Laws from the University of Western Ontario where he graduated as a member of the Dean's Honours List and was the recipient of both the Law Society of Upper Canada Prize and the Carswell Prize. Mr. Tait also received his Bachelor of Science (Honours Chemistry) from the University of Waterloo and his Bachelor of Education from Queen's University.

Aside from his legal work, Mr. Tait plays rugby in the Toronto Rugby Union with three-time champions, the Bay Street RFC.


Documents by this lawyer on Martindale.com

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Canada Patented Medicines: Federal Court of Appeal Confirms Mootness of Innovator Appeals after Generic Marketing Authorization is Granted
Bart Nowak,David Tait, April 8, 2015
“Asking a court to prohibit a notice of compliance after it has issued is like asking someone to close the barn door after the horses have escaped.”

The Latest on Canadian Expert Reports: Ontario’s Highest Court Rejects Notion that Consultations between Counsel and Experts Must Stop
Bart Nowak,David Tait, April 8, 2015
The Ontario Court of Appeal has put to rest any notion that the practice of consultation between counsel and expert witnesses to review draft reports is improper. In its decision in Moore v. Getahun, 2015 ONCA 55 rendered on January 29, 2015, the Court explained that “banning undocumented...

Federal Court of Appeal Upholds Lower Court Costs Award of Over $1 Million
Bart Nowak,David Tait, April 7, 2015
On January 14, 2015, the Federal Court of Appeal released its reasons and judgment in Philip Morris Products S.A. v. Marlboro Canada Limited, 2015 FCA 9. The Court dismissed the appeal, finding that Justice de Montigny of the Federal Court made no reviewable error in awarding the respondents over...

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Office Information

David Tait

66 Wellington Street
TorontoON M5K 1E6


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