Intellectual Property

  • June 05, 2026

    Yukon court issues AI directive encouraging due diligence, warns of potential errors

    Yukon’s Supreme Court has issued a directive on the use of generative AI “in written and oral representations” in a bid to reinforce the “integrity and credibility of legal proceedings.”

  • June 05, 2026

    Inconsistent consequences: How Canadian courts and tribunals respond to AI misuse

    When a Canadian court or tribunal finds that a party has relied on a case that does not exist, the consequence is far from uniform. In one decision, the lawyer responsible was ordered to pay $17,550 in costs personally. In another, the order was $100. In 60 of the 177 decisions we reviewed, the adjudicator identified the problem but imposed no consequence at all.

  • June 04, 2026

    Legislative, regulatory changes are coming as part of Ottawa’s new national ‘AI for All’ strategy

    The federal government’s new national artificial intelligence (AI) strategy indicates that legislative and regulatory changes are coming to facilitate Canada’s transformation into an AI leader among mid-sized nations, while also protecting the privacy and security of Canadians and businesses, as well as the country’s sovereignty.

  • June 01, 2026

    A practical guide to the Intellectual Property Ontario program

    As Ontario’s innovation ecosystem becomes increasingly competitive and technology-driven, intellectual property (IP) has emerged as a critical business asset rather than merely a legal consideration. While many companies invest heavily in product development, software, branding and research, relatively few take proactive steps to identify, protect and commercialize the intangible assets they create.

  • June 01, 2026

    More businesses are improving privacy standards, OPC survey finds

    According to a recent survey by the Office of the Privacy Commissioner of Canada (OPC), nearly “three-quarters of businesses are highly aware of their privacy responsibilities, and two-thirds are highly prepared to respond to a data breach involving personal information.”

  • May 28, 2026

    Feds launch engagement for Trademarks Act geographical indications regime

    The federal government is launching public consultations for feedback on how to strengthen and modernize the geographical indications regime under the Trademarks Act to shape future policies. Particular emphasis was placed on hearing from Indigenous people.

  • May 26, 2026

    Restituted art: Evolution of the legal framework

    During the Holocaust, Nazi Germany and its agents systematically looted approximately 20 per cent of Europe’s art, totalling an estimated 600,000 artworks. Although the restitution of these artworks and other cultural artifacts is very challenging work, the “legal framework” applicable has been evolving over the past few decades to the benefit of the families of despoiled victims.

  • May 22, 2026

    Trademarks: A sweet case, completed

    Last July we dealt with a decision of the Federal Court that has now been resolved (GRC Food Services Ltd. v. Chocoladefabriken Lindt & Sprüngli AG, 2026 FC 594).

  • May 20, 2026

    COPYRIGHT - Protected subject matter - Digital works - Ownership - Employee

    Appeal by Nexus Solutions Inc. (“Nexus”) from trial judge’s decision regarding ownership claim for creation of software. At issue in this appeal was the scope of s. 13(3) of the Copyright Act (the Act), which provided that an employer was the first owner of the copyright in a work created by an employee “in the course of” their employment.

  • May 19, 2026

    Carney announces members of Independent Advisory Board to help select next SCC judge

    On May 19, Prime Minister Mark Carney announced the chair and members of the Independent Advisory Board for the Supreme Court of Canada Judicial Appointments.