Daniel Grodinsky

Daniel Grodinsky  

Senior Associate

Executive Summary

Daniel Grodinsky is a lawyer in our Montréal office. His litigation experience includes contract disputes, intellectual property, insurance defence, product liability, and transportation law. Daniel regularly appears before the Quebec Court of Appeal, the Québec Superior Court, the Federal Court of Appeal and the Federal Court. His practice is focused on commercial litigation and arbitration, intellectual property, and transportation law. Daniel regularly advises clients on the drafting of arbitration clauses and acts as counsel in commercial arbitrations. He also acts for shipping lines and P&I clubs in regards to ship collisions, coverage issues, charterparty disputes and cargo claims. He is fluently bilingual in English and French.

Representative Work

  • On behalf of a leading software manufacturer, successfully obtained a series of injunctions and seizure orders to shut down a network of companies illicitly reselling software.
  • Successfully opposed a number of trade-mark applications which were held to be confusing with the SECRET family of trade-marks (Cortefiel S.A. v. Gildan Apparel (Canada) LP, 2014 FCA 255; Eclectic Edge Inc v. Gildan Apparel (Canada) LP, 2015 FC 1332)
  • Successfully obtained a $1.1 million arbitration award as well as full indemnity for costs for Honeywell International. The arbitration in Montreal arose out of the sale of the Canadian assets of EMS (now a division of Honeywell) to Advantech. The counterclaim was also dismissed.
  • Successfully obtained a stay of proceedings before the Federal Court in favour of arbitration in New York on a decision deciding a novel point of Canadian maritime law. (T.Co. Metals LLC v. Vessel "Federal EMS", 2011 FC 291)
  • Successfully defended an arbitration claim by the charterers of a vessel against its Owners, while obtaining full indemnity for the client. The claim arose from the Owners' decision to refuse delivery to an unsafe port.
  • Counsel for the Right Honourable Brian Mulroney before the Oliphant Commission (2008).

Publications & Presentations

  • "Keeping the Train on the Rails: Using Project Management in ADR," ADR Institute of Canada, 2014.
  • "Quebec Court of Appeal: Arbitrators not subject to implicit obligation of confidentiality," International Law Office/Arbitration Watch, 2011.
  • "Case comment: Telesat Canada v. Boeing Satellite Systems International Inc.," OJ No. 35 SCJ, International Litigation News, IBA, 2010.
  • "Quebec court rules that arbitrators have limited powers to issue injunctive relief," International Law Office, 2010.
  • "Administration of case to be covered by 'applicable arbitration procedure,'" International Law Office, 2010.
  • "At the crossroads of arbitrator bias: What path to choose?" Transnational Dispute Management Journal, 2008.