Intellectual Property

  • September 02, 2025

    Federal Court of Appeal allows Bell to amend counterclaim in $400M copyright dispute

    The Federal Court of Appeal has allowed Bell Canada to amend its counterclaim in a copyright dispute with a group of film studios, reversing a lower court’s decision to strike parts of Bell’s pleading alleging misuse of copyright enforcement without leave to amend.

  • September 02, 2025

    LSM annual report a ‘comprehensive’ look at fiscal year, road ahead: president

    As Manitoba’s law society takes stock of its most recent fiscal year, the regulator’s new president aims to continue the work of minding lawyers’ well-being as part of a new strategic plan. Law Society of Manitoba (LSM) president Kyle Dear recently sat down with Law360 Canada to discuss the recent release of the law society’s 2025 annual report — a 31-page snapshot of the regulator’s latest fiscal year, which ran from April 1, 2024, to March 31, 2025.

  • September 02, 2025

    Carefully consider an appeal from Trademark Opposition Board

    The Federal Court has confirmed that in the absence of new material evidence, a determination of the Trademark Opposition Board (TMOB) will frequently be reviewed in a deferential fashion.

  • August 29, 2025

    ‘Right to be forgotten’ privacy issues under PIPEDA and Charter heading to Federal Court

    Does Parliament’s private-sector privacy law protect the “right to be forgotten”? That question, at least in part, is now headed to Federal Court, following a groundbreaking determination this week by Canada’s privacy commissioner that Canadians have a right under the federal Personal Information Protection and Electronic Documents Act (PIPEDA) — in some circumstances and when certain criteria are met — to have online material about them delinked from their names (“de-listed”) so that published material is not listed in search engine results when their name is searched.

  • August 28, 2025

    Federal Court of Appeal upholds $250K punitive damages for misleading conduct in patent dispute

    The Federal Court of Appeal has upheld an order requiring an Ontario dairy company and a contractor to pay nearly $400,000, including $250,000 in punitive damages, for building cooling cells that infringed a French firm’s patent.

  • August 28, 2025

    How film producers can avoid a Baldoni-Lively type fight in court

    By now, we’ve all read the salacious headlines: Hollywood actress Blake Lively and actor-director Justin Baldoni are in a seemingly never-ending legal battle over Baldoni’s alleged behaviour on the set of the 2024 domestic violence drama It Ends With Us.

  • August 27, 2025

    Investigation into Google sparks privacy commissioner’s finding to delist some search results of names

    After an investigation into a case against Google by an individual who was previously charged with criminal activity, the Privacy Commissioner of Canada, Philippe Dufresne, has concluded that individuals have the right to have certain information about them delisted from search engine results when their name is searched online, in limited circumstances.

  • August 26, 2025

    The accidental lollipop order: A cautionary tale

    In an unusual twist of events, a seven-year-old boy inadvertently ordered 70,000 lollipops via Amazon, triggering a cascade of carton deliveries that quickly turned his family’s home into a logistical and sugary nightmare.

  • August 25, 2025

    Increased judicial intervention to correct unfairness at key tribunals

    Ontario’s administrative tribunals are facing increased scrutiny by the courts for unfairness in dismissing claims brought by tenants, landlords, employees, car accident victims and people who believe they have experienced discrimination or are seeking disability benefits.

  • August 22, 2025

    How a $1,000 compromise can cost your firm millions

    Financially motivated cybercrime continues to surge, and Canada has emerged as a prime target on the global stage. The country consistently ranks among the most attacked nations, second only to the United States for ransomware incidents. For the Canadian legal industry, which holds vast amounts of sensitive client data, this trend presents a growing risk.