Intellectual Property

  • July 02, 2026

    Federal Court of Appeal strikes challenge to preliminary Copyright Board ruling as premature

    The Federal Court of Appeal has struck a judicial review application challenging a preliminary Copyright Board ruling in an online royalty tariff proceeding, finding that the challenge was premature because the board’s process had not yet run its course.

  • July 02, 2026

    Faster criminal & child welfare cases, more family law settlements among reforms led by new SCC judge

    The Supreme Court of Canada’s newest judge says his key areas of legal expertise are constitutional and criminal law, including the rules of evidence and procedure, though he has also presided over many civil and administrative law cases in his generalist trial court. Glenn Joyal, a former federal and Manitoba prosecutor and the longtime chief justice of the Manitoba Court of King’s Bench, was elevated by the prime minister to the top court on June 30, succeeding Supreme Court Justice Sheilah Martin of Alberta, the highly respected constitutional and criminal law litigator, academic and judge who retired from the bench May 30.

  • July 02, 2026

    Canada’s ‘AI for All’ strategy chooses flexibility over rules

    By introducing “AI for All,” Canada has signalled a choice for AI oversight: it will not legislate comprehensively, and it will not follow the EU. Released on June 4, 2026, the federal government’s “AI for All” strategy confirms that the previously tabled Artificial Intelligence and Data Act is not being revived and that no equivalent is coming in the near term. What Canada is building instead is a framework — one that signals direction without specifying rules.

  • 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.