Olkowski v. The College of Patent Agents and Trademark Agents, 2024 FC 1331
Justice Furlanetto - 2024-08-28
Read full decision. Generated by ChatGPT:
The Court dismissed the application for judicial review seeking to challenge the decision of the Investigations Committee (IC) of the College of Patent Agents and Trademark Agents (CPATA) which had dismissed the Applicant's complaint against a lawyer and patent agent. The Applicant alleged that the lawyer acted negligently and breached duties, causing him to lose control of a patent application. The IC found no evidence of professional misconduct by the lawyer, concluding that he did not act as the Applicant's agent or owe him duties as a client. The Applicant argued that a power of attorney document demonstrated the lawyer's agency, but the Court disagreed. The Court found the IC's decision was reasonable and upheld the dismissal of the application. The case centred on the lack of evidence showing the lawyer acted as the Applicant's agent or owed him fiduciary duties.
Decision relates to:
- T-2716-22 - Andrew Olkowski v. The Investigations Committee, the College of Patent Agent