Daniel Urbas

Areas of Practice

A partner in our Montréal office, Daniel Urbas advises and represents clients in commercial and civil litigation, intellectual property & information technologies, product liability, administrative law and class action matters.

Daniel serves as Regional Leader of the Commercial Litigation Group, as Regional Leader of the Commercial Arbitration Group and also as National Leader of the Intellectual Property Litigation Group. He is a member of the firm's Regional Management Committee.

Daniel obtained his Civil Law and his Common Law degrees from McGill University and is an active member of the Québec Bar, the Law Society of Upper Canada and the Law Society of British Columbia. He is fluently bilingual in English and French.

Rankings and Recognitions

Daniel is recognized by clients and peers for his client service and advocacy skills. LexisNexis Martindale-Hubbell has awarded Daniel an AV® Preeminent Peer Review Rating.
Recognized in the 2011 Canadian Legal Lexpert Directory (Computer and IT Law)
Recent media coverage in the business section of La Presse, North America 's largest circulation French-language daily, reflects such recognition:

“Mtre. Urbas is at the top of his game. He is part of the new generation of attorneys who have eschewed courtroom theatrics. His approach depends less on rhetoric, and more on content: He is a legal surgeon, able to pinpoint and chip away at weaknesses in his adversaries' arguments. Moreover, he is able to “make law.” While 95% of lawyers resort to jurisprudence, this creative type finds new interpretations of laws and regulations. Another distinct advantage is his ease with technology. He doesn't need two weeks to analyse the contents of ten boxes of documents — he likely has all the information just a mouse click away!”

(La Presse, April 8, 2010, translated from original French language)

Professional Experience

Daniel's practice involves trial and appellate advocacy as well as urgent and extraordinary applications. He appears before the provincial and federal courts, as well as before arbitration tribunals and various administrative tribunals.
Daniel also sits as an arbitrator, both as a sole arbitrator and as a member of a three-member arbitration tribunal.
Daniel is a Fellow of the Chartered Institute of Arbitrators (CIArb) based in London, U.K. and is elected to the Executive of the CIArb's North American branch.

Professional and Community Activities

Daniel is a member of the Québec Bar, the Law Society of Upper Canada and the Law Society of British Columbia.
He is a member of the Canadian Bar Association, the International Bar Association, Chartered Institute of Arbitrators, American Bar Association, the Intellectual Property Institute of Canada (IPIC), the International Trademark Association (INTA) and the Canadian IT Law Association.
He is a member of the board of directors and editorial board for Les Cahiers de propriété intellectuelle.

Publications

Daniel writes on a variety of legal issues including litigation, intellectual property & information technologies, administrative law and class actions.

The following is a selection of his recent publications:

' Canada ', International Comparative Guide to International Arbitration' (Global Legal Group) (2011)
"Proportionality, Flexibility and Cooperation: Litigation's Support of Arbitration Keeps Getting Better", Annual Review of Civil Litigation, (Thomson Carswell) (2010)
"Why arbitration works", The Gazette, (Southam) Montreal (2010)
"Report: Selection of outside litigation counsel, from both sides of the conference room table", Litigation Newsletter (International Bar Association) (2010)
"Arbitration vs. court litigation", The Gazette, (Southam) Montreal (2010)
"Report: Sovereign immunity in international litigation and arbitration", Arbitration Newsletter (International Bar Association) (2010)
"Arbitrator faults sport federation for failure to actively defend sport arbitration process", Arbitration Newsletter (International Bar Association) (2008)
"Report: Investment treaty arbitration", Arbitration Newsletter (International Bar Association) (2007)
"Product Recall - International Sales, Franchising and Product Liability Law Perspectives in the United States, Canada, Europe, Singapore and China", co-authors John R.F. Baer, Veronica Chen, Andrew P. Loewinger, Sönke Lund & Woon C. Yew, International Journal of Franchising Law, (Claerhout) (2007)
"Towards Media-Neutral Requirements for the Production of Paper and Electronic Documents", International Litigation News (International Bar Association) (2007)
"Spoliation and Electronic Documents: Putting the Spark back into Discovery", Annual Review of Civil Litigation, (Thomson Carswell) (2007)
'Digital information: just because you can't find it doesn't mean it isn't there', Lawyers Weekly, (Lexis Nexis) (2005)
'Notes – Electronic Records: Document Retention and Destruction in the Electronic Age', October 2005, IT.Can Law Association, Montréal (2005)
'Canadian Commentary – Provincial Distinction: The Civil Code of Quebec ', For the Defense (Defense Research Institute) (2004)
'Entreprises BigKnowledge Inc. v. Skura Corporation et al – seizure before judgment and Anton Piller order', Information & Technology Law (Carswell) (2004)
'Some Contracts are Doomed' – Bell Canada v. Convergia Networks Inc.', Information & Technology Law (Carswell) (2004)
'Judicial Review Before the Federal Court of Canada', Symposium paper, March 2003, Federal Court of Canada, Montréal (2003)
'Model Releases', Photo Life Magazine (2003)
'R. v. Tessling', Information & Technology Law, (Carswell) (2003)
'Photo manipulation – when does it cross the line?', Photo Life Magazine (2003)
'Copyright and Moral Rights', Photo Life Magazine (2003)
'Liability of web site operators outside their own jurisdiction', Information & Technology Law (Carswell) (2003)
'Libel notices required for online magazines', Masthead Magazine, mastheadonline.com (2003)
'Consent to use interviewee's name and photo in Québec after Aubry v. Éditions Vice-Versa Inc.', Masthead Magazine, mastheadonline.com (2002)
'Media Access to Court Records', Masthead Magazine, mastheadonline.com (2002)
'Canadian magazine titles and U.S. trade-mark law', Masthead Magazine, mastheadonline.com (2002)
'Photo Manipulation', Masthead Magazine, mastheadonline.com (2002)
'Lac d'Amiante du Québec Ltée v. 2858-0702 Québec Inc.', Information & Technology Law (Carswell) (2002)
'Resolving Internet domain name disputes', Masthead Magazine, mastheadonline.com (2002)
'Consumers Commence Action Against Provider of High Speed Internet Service', Information & Technology Law (Carswell) (2001)
'Trademark law for magazine publishers', Masthead Magazine, mastheadonline.com (2001)
'Supreme Court: 'Pre-Trial Information and Documents are Confidential', Masthead Magazine, mastheadonline.com (2001)
'Part II: Search and seizures at media offices', Masthead Magazine, mastheadonline.com (2001)
'Québec decision on use of software in languages other than French', Information & Technology Law (Carswell) (2001)
'Part I: Search and seizures at media offices', Masthead Magazine, mastheadonline.com (2001)
'Legality of search and seizures', Corporate Litigation (Federated Press) (2001)
'Anton Piller seizure orders', Intellectual Property (Federated Press) (2001)
'Question and Answer Part II: Privacy laws will forbid use of ‘terminal' files', Masthead Magazine, mastheadonline.com (2001)
'Question and Answer Part I: How will the new privacy laws affect my magazine?', Masthead Magazine, mastheadonline.com (2001)
'Proposed Ontario Privacy Act Would Affect Magazine Publishers; Fines May Be Up to $500,000', Masthead Magazine, mastheadonline.com (2001)
'$780,000 Libel Ruling Against Globe Reveals Dangers of Sensational Journalism', Masthead Magazine, mastheadonline.com (2001)
'Copyright Essentials: A Question and Answer Guide to Copyright for Publishers', Masthead Magazine, mastheadonline.com (2001)
'Wilson Lafleur Inc. v. La Société Québécoise d'information juridique et al.', Information & Technology Law (Carswell) (2000)
'Meese v. Globex', Professional Liability / Discipline Litigation (Federated Press) (2000)
'R. v. Lavoie', Information & Technology Law (Carswell) (2000)
'Productions Avanti Cine-Video Inc. v. Favreau', Internet and E-Commerce Law in Canada (Butterworths) (2000)
'Legal Briefs: An Expert Q&A Primer on the Law and Magazines', Masthead Magazine (2000)
'Tri-Tex Co. v. Gideon', Information & Technology Law (Carswell) (2000)
' Quebec Association of Journalists Seeks Class Action Status for Proceedings Against Print Publishers', Information & Technology Law (Carswell) (1999)

Lectures

Daniel is a Faculty Professor at Concordia University's John Molson School of Business and teaches 'Litigation Management', a full-semester course offered exclusively to MBA students.

In addition to writing, Daniel speaks on a variety of legal issues. The following is a selection of some of his more recent lectures:

Guest lecturer, McGill University, "Arbitration and the courts", The Canadian Judicial Process (2010)
Speaker, "The state of E-discovery in Québec", Legal IT, Montréal (2010)
Speaker, "IT and IP: Mediation and Arbitration", Full Spectrum ADR - From Local Workplace to International Marketplace, ADR Institute of Canada Inc and Public Service of Canada, Gatineau (2009)
Speaker, "Strategic Considerations in IP Litigation in Canada and the United States ", Advanced Conference on Intellectual Property Protection, Canadian Institute, Montréal (2008)
Speaker, "Class Actions in North America: A Comparative Review", with notes by Julia Mercier, International Bar Association, Buenos Aires (2008)
Speaker, "The Canadian Law of Privilege and Confidential Information", with notes by Kevin Laroche, International Bar Association, Buenos Aires (2008)
Speaker, "Establishing Effective Discovery Strategies", Litigation Against the Crown, Canadian Institute, Toronto (2008)
Speaker, "Total Recall: International Sales, Franchising and Product Liability Issues Raised by Product Recall", International Bar Association, Singapore (2007)
Speaker, "Strategies in Resolving Technology Industry Disputes in North America", International Centre for Dispute Resolution, Toronto (2007)
Speaker, 'Proceedings of Regulatory, Professional and Oversight Bodies and Electronic Records: Emerging Best Practices', Insight conference, Toronto, (2006)
Speaker, 'Electronic Records: Document Retention and Destruction in the Electronic Age', Ninth Annual Canada IT Law Association Conference (2005)
Speaker, Federal Court of Canada and Montréal Bar Association, 'Judicial Review Before the Federal Court of Canada ' (2003)
Speaker, 'Pitfalls in IT Agreements: the Litigator's Perspective', Seventh Annual Canada IT Law Association Conference (2003)
Speaker, Dawson College 's Professional Photography Department, 'Copyright law for photographers' (2002)
Speaker, Young Bar Association of Montréal, 'Federal Court v. Superior Court: 8 key differences' (2002)
Guest Lecturer, York University Schulich Business School, MBA Program, e-commerce course – intellectual property issues (2000-2002)
Co-lecturer, McGill University, Law for Architects and Engineers - intellectual property issues, remedies and civil procedure (2001-2003)
Speaker, International Institute of Research conference, 'How to coordinate relations with external law firms to ensure optimal management of your intellectual property portfolio in case of litigation' (2001)