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Michael  Shortt

Michael Shortt

Associate Fasken
Jurisdiction Ontario, 2015 | Quebec, 2014
Language(s) French, English
Office(s) Montreal
Contact

Michael Shortt is a member of the Intellectual Property and Information Technology groups in Montréal. His practice focuses equally on litigation and transactional work, with an emphasis on the videogame and computer game industry.

As a litigator, Michael represents clients in intellectual property and commercial disputes before the Federal Court and Federal Court of Appeal, the Supreme Court of Canada, the Ontario and Québec superior courts, and the Copyright Board.

In his transactional work, Michael drafts and negotiates a range of agreements, including commercial contracts, intellectual property licences, SaaS agreements, software development agreements, website terms and conditions, and videogame publishing contracts. He has worked for many clients in the artificial intelligence field, and has drafted contracts which reflect the unique needs of AI companies working on cutting-edge technologies.

Qualified in both civil and common law, Michael drafts contracts for use in Québec and across Canada. He also reviews contracts to advise on compliance with Canadian and Québec law, including Consumer Protection Acts and the computer program installation rules of Canada’s Anti-spam Law.

Michael’s litigation practice focuses on complex intellectual property disputes in patent, copyright, and trademark matters. His litigation philosophy is based on obtaining fast and cost-effective results through creative legal arguments. Michael’s clerkships with the Ontario Court of Appeal and the Quebec Superior Court have been particularly helpful, since they provide him with a judicial perspective on litigation. This allows Michael to craft more persuasive written arguments, which have sometimes been adopted by the Court.

Michael also assists clients in obtaining trade-mark registrations in Canada and abroad. His trade-mark prosecution experience has focussed the software, telecommunications, cybersecurity, and alcoholic beverage industries.

Michael is a co-founder of the firms’ videogame industry group and has worked for videogame development studios and publishers. He reviews, negotiates, and drafts contracts in the videogame industry, as well as providing compliance advice for consumer protection and other regulatory issues, like the computer program rules in Canada’s anti-spam legislation.

Michael writes frequently on cutting-edge legal topics, and his work has been cited by the Federal Court, the Ontario Superior Court of Justice, parties appearing before the Supreme Court of Canada, and in numerous academic writings. He also coaches the McGill Law Faculty’s competitive mooting team in the Mignault civil-law moot competition, together with fellow Faskenite Marc James Tacheji.

2013 Scholarship Maurice Goldenberg Memorial Scholarship (2013)
2012 Association des professeures et professeurs de droit du Québec (APPDQ) Coupe APDQ (2012)
Date

Education

  • LLB, BCL McGill University
  • M.A. - Political Science McGill University
  • B.A. - Economics and Political Science McGill University

Memberships & Affiliations

  • Video Game Bar Association
  • Advocates’ Society
  • Lord Reading Law Society
  • Osgoode Society for Canadian Legal History
  • Intellectual Property Institute of Canada 
  • Canadian Institute for the Administration of Justice 
  • American Bar Association, Intellectual Property Section 
  • Regroupement des praticiens du droit des marques de commerce

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