Intellectual Property
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May 08, 2025
Navigating borders: AI, data sovereignty, charity donor privacy in a shifting landscape
As Canadian charities and not-for-profits (NFPs) continue to embrace AI tools and cloud platforms, a pressing question arises: where does our data reside and who has control over it?
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May 07, 2025
OSC research: AI mentions, concerns about risk rising in company filings
There has been a marked increase in references to artificial intelligence in management discussion and analysis (MD&A) filings of listed companies since 2015, according to research by the Ontario Securities Commission.
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May 07, 2025
Competition Bureau granted court orders for probe into takeover of Toronto nuclear medicine firm
The Competition Bureau announced on May 7 that it has received court orders to obtain information that would advance its investigation into BWX Technologies’ proposed acquisition of Kinectrics. The companies operate in nuclear sectors, including in nuclear medicine.
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May 07, 2025
Ontario ransomware case redefines privacy breach
A recent privacy complaint brought before the Information and Privacy Commissioner of Ontario has broadened the definition of what constitutes a privacy breach for Ontario’s public sector organizations.
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May 06, 2025
Facebook: Federal Court of Appeal clarifies requirements for consent under PIPEDA
In 2018, during Donald Trump’s first presidency, news media reported that the U.K.-based company Cambridge Analytica had used personal information obtained from Facebook users without authorization. Cambridge Analytica used this information to build a system that profiled individual U.S. voters and targeted them with personalized political advertisements.
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May 05, 2025
Confidential information: Departing employees ordered to return and destroy
Businesses who have abruptly lost several key employees to a competitor may be inclined to seek injunctive relief from the courts to restrain their use of trade secrets and other confidential information. While departing employees are not permitted to take their employer’s confidential documentation, a plaintiff may need to establish a strong case before a court will issue an order restraining defendants from doing business with their former employer’s customers.
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April 30, 2025
Ontario Court of Appeal reduces damages award in IP theft case involving former employee
The Ontario Court of Appeal has reduced damages awarded to a technology company over a former employee’s use of confidential information to create competing products, finding that a claim for a specific lost opportunity was statute-barred.
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April 25, 2025
SCC rules CRTC has no jurisdiction to decide 5G access disputes between telecoms and municipalities
In a decision that addresses the role of so-called “dynamic” statutory interpretation in cases where technology has evolved or other circumstances have changed significantly since a law was enacted, the Supreme Court of Canada has affirmed 7-2 that the CRTC does not have jurisdiction to adjudicate disputes between telecom carriers and public authorities that have refused to allow the telcos to deploy 5G small cell antennas on public property.
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April 25, 2025
‘Economic growth’ a key focus of Conservative and Liberal platforms on immigration, tax and regulation
Both parties currently leading in the polls for the federal election next week have proposed law-related measures in the areas of immigration, regulation and taxation that they contend will boost Canadian businesses and help the economy grow.
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April 25, 2025
Torpedo trademark wars
Torpedo bats have taken the baseball world by storm, but that doesn’t mean attempts to register the name as a trademark will be a hit.