Howard Winkler

SENIOR ADVISOR – LITIGATION

647.361.7533

About Howard Winkler

Howard is a senior advisor to Shift Law in litigation related matters. He is also the founder and principal of Winkler Dispute Resolution.

With over 30 years of experience, Howard has developed a well-deserved reputation in the Ontario legal community for his advocacy skills and his practical approach to conflict resolution. Howard regularly represents both plaintiffs and defendants in complex factual and legal disputes both at trial and at all levels of Appeal, particularly in media law and reputational related matters. He has been a Certified Specialist in Civil Litigation for most of his career and he has been described by the CBC as one of the country’s leading experts in Defamation Law.

In addition to being an experienced litigator, Howard is a sought after mediator. Drawing on his many years of litigation experience, Howard has a keen sense of how cases will be viewed by courts which can help to set realistic expectations and assess various settlement scenarios.

Throughout his legal career, Howard’s views on various topics and some of his higher profile cases have been profiled in trade journals and in the popular press.

Howard is Harvard Law School trained in dispute resolution and negotiation.

SPECIAL DESIGNATIONS

Certified by the Law Society of Upper Canada as a Specialist in Civil Litigation.

Appointed as a Fellow of the Litigation Counsel of America, Trial Lawyer Honorary Society.

Named to the Martindale-Hubbell Bar Register of Preeminent Lawyers for earning the highest level of professional skill and integrity in the Martindale-Hubbell Law Directory.

Peer rated as a Best Lawyer in Canada in the area of Defamation and Media Law in every year since the inception of the Best Lawyers program in Canada.

Contributing Author, Bullen & Leake Canadian Precedents of Pleadings (Carswell).

Client Work

Rayman v. Red Crayon Inc.
We acted for the successful plaintiff in a copyright infringement action in the Federal Court involving curated lists of third-party hyperlinks. The Court confirmed that copyright may subsist in a compilation of third party links created through the selection, sequencing and organization of the links. You can read about the case in our blog post.
Bombay Frankie Inc. et al. v. 2788610 Ontario Inc.
We acted for the successful appellant in this appeal from an interlocutory injunction order in a trademark infringement and passing off action in the Ontario Superior Court. Three Divisional Court judges unanimously agreed that the Superior Court had erred in each element of the three-part test, including in finding that the plaintiff had established a serious issue to be tried. You can read more about the case in this article about it.
The Toronto Regional Real Estate Board v. RE Stats Inc.
We successfully defended a motion for an interlocutory injunction in a copyright infringement case in the Federal Court.
Effective IP Enforcement Strategy on Amazon
We developed and successfully executed an IP enforcement strategy on Amazon.ca for a skincare products manufacturer that eliminated infringing retailers without the costs and delays of trademark litigation
Corey Bessner Consulting Inc. v. Core Consultants Realty Inc.
We represented the successful plaintiff in a trademark infringement action in the Federal Court involving complex issues of what happens to the trademarks of a joint venture after it breaks up. You can read more about this case in our blog post about it.
Collett v. Northland Art Company Canada Inc.
We obtained a large damages award for our client by way of summary judgment for copyright infringement and moral rights infringement.
Arkipelago Architecture Inc. v. Enghouse Systems Limited
We successfully defended a counsel’s eyes only protective order in the Federal Court of Appeal in a copyright infringement case involving computer software.
Dermaspark Products Inc. v. Prestige MD Clinic et al
We acted for the successful defendants in this motion to strike the statement of claim on the basis that it disclosed no reasonable cause of action. The Court’s decision illustrates the importance of filing proper pleadings in trademark and copyright cases and retaining experienced intellectual property lawyers who are able to do so. You can read more about this case in our blog post about it.
Boaden Catering Ltd. v. Real Food for Real Kids Inc.
We obtained summary judgment dismissing numerous IP related claims against our client, including trademark and copyright infringement and defamation claims – and obtained an order against the plaintiff for all of our client’s legal costs in a related costs endorsement, an exceptional remedy that is rarely awarded. You can read more about this case in our blog post about it.