After more than a decade working at two prominent firms, Tim Gilbert founded Gilbert’s LLP in July 2001. Gilbert’s LLP is a leading litigation, advocacy, intellectual property, and commercial law firm that provides services to clients in Canada and the United States.
He has acted as lead counsel on some of Canada’s largest disputes in intellectual property, as well as public interest litigation. His practice focuses on innovation-driven industries, often exploring uncharted legal territory with an emphasis on high-stakes litigation.
His practice also includes representation of First Nation and Indigenous organizations. Mr Gilbert successfully prosecuted the Ontario Realty Corporation for failing to consult Indigenous interests in the sale of land. He represents the Haudenenosaunee Development Institute, a delegate of the Haudenenosaunee Confederacy Chiefs Council, in disputes about Treaty rights and the lack of engagement.
Some of Mr Gilbert’s cases have included Fresenius Kabi v the Minister of Health; Gilead ats ViiV; Wi Lan v Bell, Rogers and Telus; RIM v Visto; DataTreasury v Canadian Chartered Banks.
Despite representing generic pharmaceutical manufacturers, he is one of the few advocates who also represents leading brand companies.
In recent years, Mr Gilbert's practice has expanded to include innovation-driven companies—from multi-national companies to small start-ups—in emerging, regulated and knowledge-based industries. He also acts as an advisor to governments, universities, and non-profits, bringing his knowledge in intellectual property and related subjects to bear on important issues in technology, health, the arts, and government policy.
He is a leading advocate for change in IP policy, having appeared before Canadian and US legislators and administrative bodies such as the Food and Drug Administration (FDA), Health Canada, the U.S. Federal Trade Commission and the Canadian Competition Bureau.
Mr Gilbert has always played a role in civic affairs and matters of public interest. He was appointed as a foreign agent by the Province of Ontario in negotiating a historic agreement with the state of Michigan regarding cross-border waste shipment.
In late 2011 his key role in mediating the dispute between Occupy Toronto protestors and the City of Toronto was featured in Maclean’s magazine. Mr Gilbert was widely featured in Canadian national media as a champion of amateur hockey as lead counsel in the legal challenge over the ownership of the Stanley Cup. For the past three years, he has been the Chair of the Advisory Board for OCAD’s OnSight Gallery. He is the former Chair of the Design Exchange.
University of Toronto, Faculty of Law, Toronto, Ontario, Canada
University of Guelph, Guelph, Ontario, Canada