Intellectual Property

  • October 19, 2026

    OpenAI findings reinforce privacy obligations in the age of AI

    The Office of the Privacy Commissioner of Canada (OPC), together with the privacy regulators in Quebec, British Columbia and Alberta, recently released the findings of their joint investigation into OpenAI OpCo, LLC (OpenAI), the developer of ChatGPT.

  • October 15, 2026

    Non-infringement of useful article features

    A hydroelectric power plant needed refurbishment. The owner initiated a refurbishment project of the butterfly valves and winches for its hydroelectric power units and entered into an agreement with the plaintiff for the refurbishment of the first two hydroelectric power units of the plant, known as Units 1 and 2. The refurbishment work covered by the agreement included the valves and winches for Units 1 and 2, sometimes referred to as “pilot projects.”

  • October 02, 2026

    Supreme Court kicks off busy fall session with new judge from the west and impressive new digs

    The Supreme Court’s fall session is packed with interesting appeals in diverse areas of law including class actions, contracts, Crown immunity and Charter rights. The top court’s session begins Oct. 5 with an “opening of the court” ceremony in the West Memorial Building at 344 Wellington Street in Ottawa.

  • October 02, 2026

    Seeing is no longer believing: Deepfakes in criminal trials

    A single underscore sent an innocent man to prison. In a child sexual abuse material investigation, police were looking for “fus__ro_dah.” But they sought records for “fus_ro_dah.” That was Brandon Klayme’s username. One missing underscore sent the investigation to the wrong person. The discrepancy went unnoticed at trial. Klayme was wrongfully convicted and spent 18 months in custody before the Nova Scotia Court of Appeal declared him factually innocent in R. v. Klayme, 2026 NSCA 59.

  • September 30, 2026

    Exclusive: SCC’s Côté J. talks advocacy, key cases & rule of law as her 12th anniversary approaches

    Supreme Court of Canada Justice Suzanne Côté says she finds intervener advocacy on Zoom to be as effective as oral submissions made in the courtroom, but she is also alive to contrary arguments made by legal organizations, such as the Canadian Bar Association and The Advocates’ Society.

  • September 29, 2026

    Negotiation damages for online trademark infringement

    In this case, the plaintiffs were a group of associated Swatch companies (Swatch) that owned a series of trademarks including Swatch, Tissot and Longines, registered for use with watches and in some cases smartwatches. The claim related to digital watch faces (apps) that could be downloaded to Samsung’s smartwatches from the Samsung Galaxy app store (SGA store).

  • September 28, 2026

    Pulse Law welcomes Anthony de Fazekas as IP lead

    Anthony de Fazekas has joined Pulse Law as a lawyer and intellectual property lead, working in Toronto and Kitchener-Waterloo, Ont.

  • September 25, 2026

    Federal Court allows leave to file new evidence in CNR trademark appeal

    The Federal Court has ruled that a successful party before the Trademarks Opposition Board may introduce material evidence on appeal to address evidentiary shortcomings identified by the board, as it may impact the appeal despite previous success. 

  • September 25, 2026

    Exclusive: Supreme Court of Canada Justice Suzanne Côté mulls her post-bench future

    Supreme Court of Canada Justice Suzanne Côté is thinking about what life after the bench might look like, she tells Law360 Canada. The court’s impactful and most prolific judge, who turned 68 this week with no apparent loss of drive or energy, says she is healthy and still loves the work that has earned her a reputation as a trailblazer and original thinker.

  • September 24, 2026

    Matt McLeod joins Blake, Cassels & Graydon

    Toronto-based lawyer Matt McLeod has joined Blake, Cassels & Graydon LLP as a partner in the firm’s defence group.

  • September 16, 2026

    Ottawa & judges dispute if Carney gov’t gave meaningful effect to judicial pay commission’s work

    A behind-the-scenes bid by federal chief justices to make future recommendations from the federal independent judicial pay commission process binding on Ottawa is on hold as representatives of Canada’s 1,200 federal judges and Federal Court associate judges sue the Carney government for allegedly not giving “meaningful effect” to the work and non-binding advice of the latest quadrennial Judicial Compensation and Benefits Commission (Giardini Commission.)

  • September 09, 2026

    Federal Court holds MediaTube, principal in contempt over disclosure of confidential Bell documents

    The Federal Court has found MediaTube Corp. and its principal, Douglas Lloyd, in contempt for repeatedly threatening to disclose and disclosing confidential litigation materials after MediaTube was unsuccessful in patent litigation against Bell Canada.

  • September 08, 2026

    Federal judges’ legal tab so far tops $1M as they take constitutional pay dispute to court

    Ottawa has agreed that the federal judiciary reasonably incurred more than $1 million in legal fees and disbursements to participate in the independent quadrennial process that is meant to depoliticize determinations of federal judicial remuneration and avoid pay disputes.

  • September 03, 2026

    Closing the loopholes: The HEAR Act of 2025 and the battle for merits-based art restitution

    In the early years of art restitution, after the signing of the Washington Conference Principles on Nazi-Confiscated Art in 1998, several museums in the United States launched pre-emptive strikes against claimants of looted artworks who expressed an interest in discussing or resolving their claim. Examples include the Toledo Museum of Art v. Ullin, 477 F. Supp. 2d 802 (N.D. Ohio 2006); the Museum of Fine Arts, Boston v. Seger-Thomschitz, 623 F.3d 1 (1st Cir. 2010) and The Museum of Modern Art v. Schoeps, 549 F. Supp. 2d 543 (S.D.N.Y. 2008). The first two cases were dismissed in favour of the museums and in the latter case an out-of-court settlement was reached.

  • September 02, 2026

    SOCAN sues AI music platform Suno over allegedly infringing music outputs

    Canada’s largest member-owned music rights organization, SOCAN, has filed a lawsuit against Suno Inc., alleging that its AI music-generation platform generated and streamed outputs that copy songs in SOCAN’s repertoire, infringing the performing rights in those works.

  • September 02, 2026

    Geo-blocking, copyright and the right to make works available online

    In Anne Franks Fonds v. Anne Frank Stichting Case C-788/24, the Court of Justice of the European Union (CJEU), the highest court of the EU, considered the right to make a work available on a website and the impact of technical protection measures implemented to restrict access to the work. The decision should be helpful to online content providers.

  • September 02, 2026

    ‘Alle Menschen werden Brüder’ and access to justice

    “Alle Menschen werden Brüder” translates to “all people become brothers” and is one of the most recognizable lines from Friedrich Schiller’s poem Ode to Joy, immortalized in the final movement of Beethoven’s Ninth Symphony. In modern, inclusive language, its meaning might be expressed as “all people become kin.”

  • August 27, 2026

    Jade Benson-Poitras joins Langlois in Montreal

    Jade Benson-Poitras has joined Langlois’ business law group in Montreal.

  • August 27, 2026

    Counsel should check that trial transcripts filed on appeal aren’t AI-created fakes, lawyer advises

    As AI-generated court filings by self-represented litigants proliferate, appellate counsel should read trial transcripts that are ostensibly “certified” more closely than ever and do so earlier in the appeal process as they might be AI-created fakes, advises a senior family law practitioner.

  • August 26, 2026

    Crocs’ EU design loss and the challenge of protecting product shape

    A recent decision of the General Court of the European Union dismissed Crocs’ appeal from a decision invalidating its EU design registration for its highly recognized clog (Crocs, Inc. v EUIPO, General Court, Case T-228/25).

  • August 25, 2026

    Federal Court permits new evidence in trademark appeal, citing transition to new rules

    The Federal Court has allowed the owner of an expunged trademark to file new evidence on appeal despite failing to explain why the evidence was not provided to the Trademarks Opposition Board, finding that admitting it was in the overall interests of justice.

  • August 25, 2026

    MLT Aikins adds 3 associates in Vancouver

    MLT Aikins has added Melissa Creech, Allie da Silva and Jeffrey Williams as associates in its Vancouver office.

  • August 24, 2026

    Carney government says judicial pay hikes it rejected would cost almost $321 million over 6 years

    A $28,000 lump sum salary boost recommended for Canada’s 1,200 judges last year would have cost Ottawa almost $321 million over six years had the government not rejected the advice from an independent judicial pay commission, the Carney government asserts in defending a novel lawsuit launched by the Canadian Superior Courts Judges Association (CSCJA) and the Association of Federal Court Associate Judges.

  • August 24, 2026

    The case for and against restricting AI use in the legal classroom

    As generative artificial intelligence becomes more capable, law schools at some Canadian and American universities have announced bans on laptops, tablets and mobile phones in classrooms. Supporters say restrictions protect academic integrity and restore focused learning. Critics counter that blanket bans are difficult to enforce, disadvantage some students and avoid the challenge, that of teaching future lawyers to use AI responsibly.

  • August 21, 2026

    Court allows injunction in dispute over ownership of software source code

    The Ontario Superior Court of Justice has granted an interlocutory injunction in a dispute over ownership of source code that a startup said it needed to continue operating, finding that the company would suffer irreparable harm from the loss of its business.