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Jacqueline* has a background in industrial engineering and applies this training to her legal practice, primarily in the area of intellectual property law. She solves§ complex legal problems for her clients by applying a logical and analytical approach, keeping a careful eye on their bottom line and objectives. However, Jacqueline also knows that in law, one plus one doesn’t always equal two. When the numbers are stacked against her, Jacqueline works relentlessly to change the equation‡ by employing her diverse litigation experience and technical background to determine the most effective solution for her clients. .

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Jacqueline Chan

is a lawyer at Lenczner Slaght.

Jacqueline's practice encompasses intellectual property litigation, general commercial litigation, construction litigation, and trusts and estates litigation. She has also assisted in complex workplace investigations.

Prior to joining Lenczner Slaght, Jacqueline summered and articled at a prominent civil litigation boutique, specializing in insurance and medical negligence matters. She has appeared before the Ontario Superior Court of Justice, as well as administrative tribunals.

She is a graduate of the Faculty of Law at Queen’s University, where she competed in the national Harold G. Fox Intellectual Property Moot, and was awarded the Bereskin & Parr LLP Prize for highest-standing in Patent Law and the Queen’s Law Prize in Advanced Torts. While in law school, she also volunteered as a student caseworker at Queen's Legal Aid, providing litigation services to low-income residents in Kingston, Ontario.

Jacqueline holds a Bachelor of Applied Science and a Master of Applied Science in Industrial Engineering from the University of Toronto. Prior to law school, she worked as an analyst at both a major teaching hospital and global technology consulting firm.

  • Intellectual Property Institute of Canada (IPIC) - Young Practitioners Committee (2021-present)

  • Toronto Intellectual Property Group (TIPG)

  • Group of Racialized (Ontario) Women Litigators (GROWL)

  • Young Women in Law

  • The Advocates' Society

  • Canadian Bar Association

  • Ontario Bar Association

  • The High Bar in Dismissing a Canadian Patent Action Based on a Similar Foreign Proceeding

    Following a ‘with prejudice’ dismissal of a patent infringement action in the US, the defendant sought summary judgment in the parallel Canadian proceeding, Google LLC v Sonos, Inc. The defendant argued that: (1) there was no genuine issue for trial on infringement considering admissions by the plaintiff in the US; or (2) summary judgment was warranted under the doctrines of res judicata or abuse of process. This case is interesting because of the substantial similarities between the patents at issue in the US and Canadian actions, including identical claims. Notwithstanding these similarities, the motion for summary judgment failed. Among other reasons, the Court concluded that the plaintiff had not made any factual admissions in the US proceeding, and even if it had, any such factual admissions would not necessarily be determinative of Canadian infringement because of legal differences in claim construction between the US and Canada.

    Kaitlin Soye & Jacqueline Chan | March 11, 2022

  • You can call my lawyer(s)?

    For the first time, the Federal Court has dealt with the issue of whether a party is permitted to appoint co-solicitors of record. The Court held that a party may not appoint co-solicitors as of right, but it provided guidance on the circumstances in which co-solicitors may be permitted. It remains to be seen how “special” such circumstances must be, especially since such arrangements are not uncommon in modern practice.

    Andrew Moeser & Jacqueline Chan | November 17, 2021

  • An Ode to Users’ Rights

    In the last case heard before her retirement from the Supreme Court of Canada, and writing for a unanimous Court, Justice Rosalie Abella affirmed the Federal Court of Appeal’s ruling that tariffs set by the Copyright Board are not mandatory (York University v Access Copyright). Justice Abella also rejected the FCA’s narrow approach to fair dealing and reiterated the nature of fair dealing as a user’s right, to be approached in the educational context from a student’s perspective and not exclusively from the institutional perspective.

    Sana Halwani & Jacqueline Chan | August 5, 2021

  • Online Pirates Can Be Blocked

    Copyright holders in Canada have scored a major victory in the fight against online piracy. The Federal Court of Appeal (“FCA”) in Teksavvy Solutions Inc v Bell Media Inc recently affirmed that site blocking injunctions may be ordered against Internet Service Providers (or ISPs), even as third parties to a copyright infringement action.

    Sana Halwani & Jacqueline Chan | June 18, 2021

  • The Federal Court of Appeal Clarifies the “Obvious to Try” Test

    The Federal Court of Appeal (“FCA”) has clarified the extent of flexibility afforded when undertaking the “Obvious to Try” test in Amgen v Pfizer, 2020 FCA 188. Although it ultimately cautioned against a segmented approach, the FCA did not dismiss the possibility that experimental steps could be assessed individually in order to make conclusions about an experiment as a whole, particularly with respect to the Self-Evident and Extent of Effort factors of the test. Despite agreeing that the Federal Court (“FC”) could have been more expansive and all-embracing in its overall conclusion, the FCA did not deem the FC’s lack of analysis to have amounted to a palpable and overriding error.

    Sana Halwani & Jacqueline Chan | November 16, 2020

  • The Federal Court of Appeal Takes No Prisoners

    On October 15, 2020, both parties were granted leave to appeal to the Supreme Court of Canada. We will continue to follow the developments of the appeal.

    Sana Halwani & Jacqueline Chan | April 27, 2020

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