Intellectual Property

  • 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.

  • 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.

  • June 11, 2026

    Dave Stern and Corey Hock join Dickinson Wright in Toronto

    Dickinson Wright has announced that Dave Stern and Corey Hock have joined its Toronto office. Stern joins as a partner and Hock as of counsel.

  • June 10, 2026

    Top judge backs Jordan juggernaut, warns bar against filing fake AI-generated precedents in court

    The Supreme Court’s controversial Jordan decision, which has sparked the dismissal of thousands of cases due to unconstitutional trial delay, is still good law, but stays of proceedings are not a cure for undue systemic trial delay, Canada’s top judge says. “One stay of proceedings is too many,” Supreme Court of Canada Chief Justice Richard Wagner stressed at his annual press conference in Ottawa June 9.

  • June 05, 2026

    Yukon court issues AI directive encouraging due diligence, warns of potential errors

    Yukon’s Supreme Court has issued a directive on the use of generative AI “in written and oral representations” in a bid to reinforce the “integrity and credibility of legal proceedings.”

  • June 05, 2026

    Inconsistent consequences: How Canadian courts and tribunals respond to AI misuse

    When a Canadian court or tribunal finds that a party has relied on a case that does not exist, the consequence is far from uniform. In one decision, the lawyer responsible was ordered to pay $17,550 in costs personally. In another, the order was $100. In 60 of the 177 decisions we reviewed, the adjudicator identified the problem but imposed no consequence at all.

  • June 04, 2026

    Legislative, regulatory changes are coming as part of Ottawa’s new national ‘AI for All’ strategy

    The federal government’s new national artificial intelligence (AI) strategy indicates that legislative and regulatory changes are coming to facilitate Canada’s transformation into an AI leader among mid-sized nations, while also protecting the privacy and security of Canadians and businesses, as well as the country’s sovereignty.

  • June 01, 2026

    A practical guide to the Intellectual Property Ontario program

    As Ontario’s innovation ecosystem becomes increasingly competitive and technology-driven, intellectual property (IP) has emerged as a critical business asset rather than merely a legal consideration. While many companies invest heavily in product development, software, branding and research, relatively few take proactive steps to identify, protect and commercialize the intangible assets they create.

  • June 01, 2026

    More businesses are improving privacy standards, OPC survey finds

    According to a recent survey by the Office of the Privacy Commissioner of Canada (OPC), nearly “three-quarters of businesses are highly aware of their privacy responsibilities, and two-thirds are highly prepared to respond to a data breach involving personal information.”

  • May 28, 2026

    Feds launch engagement for Trademarks Act geographical indications regime

    The federal government is launching public consultations for feedback on how to strengthen and modernize the geographical indications regime under the Trademarks Act to shape future policies. Particular emphasis was placed on hearing from Indigenous people.

  • May 26, 2026

    Restituted art: Evolution of the legal framework

    During the Holocaust, Nazi Germany and its agents systematically looted approximately 20 per cent of Europe’s art, totalling an estimated 600,000 artworks. Although the restitution of these artworks and other cultural artifacts is very challenging work, the “legal framework” applicable has been evolving over the past few decades to the benefit of the families of despoiled victims.

  • May 22, 2026

    Trademarks: A sweet case, completed

    Last July we dealt with a decision of the Federal Court that has now been resolved (GRC Food Services Ltd. v. Chocoladefabriken Lindt & Sprüngli AG, 2026 FC 594).

  • May 20, 2026

    COPYRIGHT - Protected subject matter - Digital works - Ownership - Employee

    Appeal by Nexus Solutions Inc. (“Nexus”) from trial judge’s decision regarding ownership claim for creation of software. At issue in this appeal was the scope of s. 13(3) of the Copyright Act (the Act), which provided that an employer was the first owner of the copyright in a work created by an employee “in the course of” their employment.

  • May 19, 2026

    Carney announces members of Independent Advisory Board to help select next SCC judge

    On May 19, Prime Minister Mark Carney announced the chair and members of the Independent Advisory Board for the Supreme Court of Canada Judicial Appointments.

  • May 19, 2026

    CSIS must obtain warrants to search devices tied to people with a Canadian nexus: Federal Court

    The Federal Court has ruled that CSIS must obtain judicial authorization before searching copied phones and other electronic devices obtained from foreign allies in domestic national security investigations involving people connected to Canada.

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