Intellectual Property

  • June 25, 2026

    Canadian Cyber Centre calls for stronger defences amid growing frontier AI risks

    The federal cyber security authority is calling on organizations across Canada to strengthen their cyber security practices to address emerging risks linked to frontier artificial intelligence (AI).

  • June 25, 2026

    New Human Rights Tribunal of Ontario practice direction on jurisdiction must be reconsidered

    Earlier this year, the Divisional Court of Ontario found that procedures adopted by the Human Rights Tribunal of Ontario (HRTO) to determine its jurisdiction were unreasonable and contrary to law.

  • June 25, 2026

    Trademarks: The interest of justice applied

    In a previous post, I discussed the requirement that parties obtain leave before filing additional evidence on an appeal from the Registrar of Trademarks to the Federal Court. The Federal Court has now applied the same test to refuse leave.

  • June 23, 2026

    Federal Court updates IP case and trial management guidelines

    The Federal Court has updated its intellectual property case and trial management guidelines, adding a new section on summary trials and judgements.

  • June 22, 2026

    Manitoba King’s Bench Chief Justice Glenn Joyal nominated for Supreme Court western vacancy

    Manitoba Court of King’s Bench Chief Justice Glenn Joyal, widely reputed in recent years to be a leading candidate for appointment to the Supreme Court of Canada, has been nominated to fill the western vacancy that opened up with the May 30 retirement of Supreme Court of Canada Justice Sheilah Martin, Prime Minister Mark Carney announced on June 22.

  • June 18, 2026

    New International Chamber of Commerce arbitration rules

    The International Chamber of Commerce’s (ICC) 2026 Arbitration Rules, which came into effect on June 1, 2026, mark a decisive shift in how ICC cases will be managed and resolved in the future.

  • June 17, 2026

    Court awards US$128K in dry cleaning trademark dispute

    The Federal Court has awarded damages of US$128,500 and granted a permanent injunction in a trademark dispute relating to dry cleaning services.

  • June 17, 2026

    False or misleading statements that discredit a competitor

    Pleadings define each party’s case. They frame the litigation and set out the material facts said to support the causes of action or defences presented. A party may move to strike an opposing pleading where it fails to disclose a reasonable cause of action or a tenable defence.

  • June 15, 2026

    Federal Court: Misuse of copyright a novel but arguable defence to infringement claims

    The Federal Court has ruled that misuse of copyright remains a novel but arguable defence to copyright infringement claims, rejecting arguments that the Supreme Court of Canada has already ruled out the doctrine in Canada.

  • June 15, 2026

    A sticky situation: Quebec’s maple capital dispute

    A sticky situation has arisen in Quebec as two communities have tapped themselves as the maple capital of the world. Plessisville, recognized as the Capitale mondiale de l’Érable (World Maple Capital), is a town located in the L’Érable (Maple) Regional County Municipality and claims to have used its maple moniker for more than 50 years, including registering it as an official mark in 1993. That worked sweetly until Mirabel, a suburb in the North Shore of Montréal, also obtained an official mark designating itself as the Capitale internationale de l’Érable (International Maple Capital) at the turn of 2026.