Cassels

Canadian Corporate Law Firm

University of British Columbia

Sherry Rath

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Sherry Rath is an associate in the Aboriginal Law Group at Cassels. Sherry’s practice focuses on assisting clients with commercial arrangements with a focus on the energy industry, mining industry and power industry including renewable energy projects and energy transition. She has experience drafting various commercial agreements for renewables developers, mining companies, cleantech companies, oil and gas producers, pipeline companies, and electrical transmission companies.

Sherry’s practice also focuses on advising clients on environmental, regulatory and Aboriginal law matters, including advising on regulatory license and permit filings and meeting regulatory and environmental requirements in project development. She is also involved in drafting impact benefit agreements between First Nations groups and industry and researching and advising on Crown-Indigenous relations and Indigenous rights.

Sherry has also assisted clients with asset acquisitions and dispositions, internal reorganizations, corporate mergers and acquisitions, and joint venture arrangements.

As an articling student, Sherry gained valuable in-house experience on the legal team at a leading Canadian energy infrastructure company researching and advising on midstream and regulatory matters. She also obtained industry experience through work as an engineering student at a large oil sands joint venture operation, and as a law student at both a large international oil and gas company, and a Canadian company that had undergone proceedings under the Companies’ Creditors Arrangement Act.

Prior to joining Cassels, Sherry served as an associate in the Business Law Group of another national law firm.

 

Danielle Hill

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Danielle Hill is an associate in the Capital Markets Group at Cassels. Danielle attended the Peter A. Allard School of Law at the University of British Columbia. Before joining Cassels, Danielle spent a summer doing legal work for an asset management company in Vancouver. In this role, she completed a FINTRAC audit, authored numerous reports, and conducted legal research. Prior to joining Cassels as an associate, Danielle was both a summer and articling student with the firm.

Prior to attending law school, Danielle earned her Bachelor of Business Administration with a concentration in finance from Simon Fraser University. She also worked in the finance industry as a Portfolio Operations Specialist, where she became interested in business law.

In her spare time, Danielle enjoys barre workouts, reading fiction and listening to podcasts.

Brandon Manhas

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Brandon Manhas is an associate in the Capital Markets Group at Cassels. Brandon’s practice focuses on public and private mergers and acquisitions, securities offerings, and general corporate and securities law matters.

During law school at the University of British Columbia, Brandon was a member of the Law & Business Society, serving as a First Year Representative and as Co-President and Co-Treasurer during his second year. Additionally, Brandon served as President of the Hockey Club and Vice-President of the Rugby Club. Brand was also a Student Ambassador for Allard and was a member of the Allard Law Careers Committee.

Prior to rejoining Cassels, Brandon practiced in the Vancouver office of a global law firm.

Sean Baraich

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Sean Baraich is an associate in the Capital Markets Group at Cassels. Sean advises clients on a variety of corporate, commercial and securities law matters, including public offerings, private placements and mergers and acquisitions. He has acted for both purchasers and vendors in connection with various equity and asset transactions and for both issuers and underwriters in connection with debt and equity financings. In addition, Sean advises public and private companies with respect to general corporate and securities law issues, including continuous disclosure obligations, corporate governance, regulatory compliance and Canadian stock exchange matters. Sean advises public companies across industries, however, the focus of Sean’s practice is on the mining and resource sector. Sean advises mining clients at every stage of development. Sean has completed the Osgoode Certificate in Mining Law.

Sean was both a summer and articling student at Cassels. During law school, Sean was active in his student community as a student representative with Legal Education Outreach and a member of the South Asian Law Students’ Association.

Prior to rejoining Cassels, Sean practiced in the Vancouver office of a global law firm.

Luke Casburn

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Luke Casburn (he/him/his) is an associate in the Litigation Group at Cassels. Luke maintains a broad litigation practice, including corporate and securities, commercial, franchise, and contract disputes. Luke also has experience in alternative dispute resolution strategies, appearing on behalf of clients in arbitration proceedings. Prior to returning to Cassels as an associate, Luke was a summer and articling student at the firm.

Luke is a graduate of the LLM CL program at the Peter A. Allard School of Law at UBC. Prior to this, Luke graduated with an LLB from the University of Galway in Ireland. Between his LLB and LLM, Luke has worked for a leading consumer electronics and personal computer company as a technician and another Vancouver law firm in their Real Estate department.

In his spare time, Luke enjoys playing soccer, biking and playing music.

Karen MacDonald

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Karen MacDonald* (she/her/hers) is a partner in the Intellectual Property Group at Cassels. Karen has extensive experience in litigating matters in all areas of intellectual property, including patents, trademarks, copyright, industrial designs, and confidential information. She has appeared before the Federal Court, the Federal Court of Appeal, the British Columbia Supreme Court, and the British Columbia Court of Appeal.

Karen has particular expertise in anti-counterfeiting enforcement work. She is heavily involved with developing and implementing anti-counterfeiting enforcement programs in Canada for major brand owners worldwide, operating in fields such as luxury goods, apparel, certification marks, and software development, representing right holders in numerous precedent-setting decisions in the field.

Trademark prosecution is another significant element of Karen’s practice. She regularly files applications, prepares responses to office actions, and appears before the Trademarks Opposition Board and in section 45 proceedings. She also advises Canadian clients on global filings and portfolio management.

Karen has worked with clients ranging from small companies to large multinational corporations operating both in Canada and internationally and is both a registered Trademark Agent and Patent Agent.

Karen’s representative experience includes:

  • Burberry Limited and Chanel Limited, et al v. Ward et al, 2023 FC 1257 – Successfully obtained novel injunctive relief previously not granted in Canada against a purveyor of counterfeit goods, adding remedies available to right-holders. The novel injunctive relief included third party disclosure requirements and rolling relief to add names and shipments to the Order.
  • David Michaels, J.D. v RE/MAX LLC, 2020 TMOB 141 – Successfully defended RE/MAX’s famous tri-bar red over white over blue rectangles sign design from a section 45 “non-use” attack before the Trademark Opposition Board, establishing trademark use notwithstanding concurrent use with other trademarks.
  • Biofert Manufacturing Inc. v. Agrisol Manufacturing Inc., 2020 FC 501 – Representing BioFert, a leading manufacturer of fertilizers, in obtaining judgment against defendants found liable for trademark infringement and passing off, as a result of their launch of an unauthorized competitor intended to divert sales by harnessing historical goodwill.
  • Cascade Aerospace Inc. V. AGNL Avionics Abbotsford Nominee ULC – Represented Cascade Aerospace obtaining a novel injunction to halt the continued distribution of confidential information, including by parties in knowing receipt of such information.
  • Louis Vuitton et al. v Audrey Wang et al., 2018 FC 1198; 2019 FC 1389 – Successfully obtained and defended an Anton Piller order and Mareva injunction preserving evidence of the defendants’ counterfeiting activities and securing assets for judgment. Obtained final judgment of $740,000 against recidivist defendants.
  • Chanel Limited et al v Lam Chan Kee Company Ltd et al., 2015 FC 1091; 2016 FCA 111 – Chanel was granted judgment of $380,000, including $250,000 in punitive and exemplary damages, against two corporations and an individual, with the court weighing and rejecting contradictory affidavit evidence from the defendants on a summary trial application. The Federal Court of Appeal confirmed the appropriateness determination of counterfeiting cases by way of summary trial even where credibility issues exist, thereby permitting the trial judge to discard Ms. Lam’s evidence. The court also approved the use of a multiplier-based calculation of nominal damages and awarding significant punitive and exemplary damages in this type of case to deter such activities, though the matter was remanded back to the trial judge for confirmation his findings.
  • Chanel S. de R.L. and Chanel Inc. v Jiang Chu, 2011 FC 1303 – Chanel was granted default judgment of over $320,000 in damages and punitive and exemplary damages, plus solicitor and client costs.
  • Louis Vuitton Malletier S.A. and Burberry Limited et al. v Singga Enterprises et al., 2011 FC 776 – Louis Vuitton and Burberry were granted the highest award of damages and costs to date in Canada against purveyors of counterfeit goods, for a total of $2.5 million in damages, including punitive and exemplary damages, plus solicitor and client costs. Judgment was granted on the basis of the Federal Court summary trial rules in the first successful use of such rules.
  • Nintendo of America Inc. and Sony Computer Entertainment America Inc. v COMPC Canada Trading Inc. and Qian (Kenneth) Chen (22 September 2009) Vancouver S082517 (BCSC) — The British Columbia Supreme Court upheld and granted liquidated damages of $75,000 for a breach of settlement agreement plus $100,000 in punitive and exemplary damages, where the defendants had agreed to cease selling “circumvention devices” and “circumvention software,” which allow purchasers to play counterfeit video games by allowing them to bypass technological measures on video game consoles that prevent the playing of counterfeit games.
  • Louis Vuitton Malletier S.A. v 486353 B.C. Ltd et al., 2008 BCSC 799 — Louis Vuitton was granted judgment of a total of $980,000 in damages and punitive and exemplary damages, plus special costs, under the BCSC summary trial rules.
  • Louis Vuitton Malletier S.A. v Yang et al., 2007 FC 1179 and 2008 FC 45 Louis Vuitton was granted damages, punitive and exemplary damages, and solicitor and client costs totaling $263,699, by way of default judgment; the defendants applied to set aside the decision, which was denied and the decision upheld.

Karen is also a prolific author on intellectual property matters and is often called upon to speak at conferences by industry organizations. Recent presentations include:

  • Investigations and Enforcement on E-Commerce Platforms – 27th Annual Fraud & Anti-Counterfeiting Conference, October 16, 2024
  • Injunctions: The Good, the Bad and the Ugly – Intellectual Property Institute of Canada Annual Meeting, September 26, 2024
  • Trademark Case Law Review – Use of Marks on the Internet – Intellectual Property Institute of Canada, March 9, 2023
  • Trademark Year in Review – Intellectual Property Institute of Canada, February 13, 2023
  • 26th Intellectual Property Law: The Year in Review – Law Society of Ontario, presented Trademark Law Update, January 19, 2022
  • Intellectual Property for Litigators 2021, CLE BC, November 9, 2021
  • Settling the IP Case: Advanced Tips for Settlements that Stick – Intellectual Property Institute of Canada, June 8, 2021

Prior to joining Cassels, Karen was a partner of the Intellectual Property Group, based in the Vancouver office, of an international law firm and served as the Canadian head of consumer markets.

*Services provided through a Law Corporation