Focus On

Intellectual Property


Tuesday, June 28, 2022 @ 4:48 PM

LSO issues call for comment on mandatory succession planning for licensees in private practice Jacqueline Horvat, LSO treasurer

The Law Society of Ontario (LSO) has amended commentary to the Rules of Professional Conduct to “provide licensees with guidance in respect of their obligations relating to technological competence” and has issued a call for comment on implementing a “mandatory succession planning requirement for licensees in private practice.” ... [read more]

Tuesday, June 28, 2022 @ 12:27 PM - Last Updated: Tuesday, June 28, 2022 @ 1:25 PM

Conference continues celebration of federal courts’ golden anniversary Chief Justice Paul Crampton, Federal Court of Canada.

Speakers at a conference celebrating the 50th anniversary of Canada’s federal courts noted the need to balance remote hearings versus in-person appearances, while stressing the importance of having bodies in the courtroom. The use of remote technology by the courts during the COVID-19 pandemic and the gradual return to in-person hearings was a key talking point on June 27, the first day of a delayed three-day symposium marking the golden anniversary of the Federal Court and Federal Court of Appeal. ... [read more]

Friday, June 24, 2022 @ 4:44 PM

Parliament passes self-induced extreme intoxication and budget bills before rising for summer David Lametti

Before MPs fled Ottawa for the summer, the minority Liberal government managed to enact its multipronged 2022 omnibus budget bill, as well as a new Criminal Code amendment that restricts the use of the self-induced extreme intoxication defence in prosecutions for violent crimes. ... [read more]

Friday, June 24, 2022 @ 5:25 AM

CIVIL PROCEDURE - Pleadings - Amendment of - Statement of claim

Motion by the defendant Ontario Osteopathic Association to strike the statement of claim without leave to amend. Cross-motion by the plaintiff Ontario Federation of Osteopathic Professionals for leave to amend the statement of claim to advance causes of action for damages under the Trademarks Act and for the intentional interference with its economic relations. ... [read more]

Thursday, June 23, 2022 @ 5:44 PM

SCC sheds new light on test, evidence required for public interest standing in court challenges Michael Feder

Litigants seeking public interest standing to challenge constitutionally suspect laws do not need co‑plaintiffs directly affected by those laws in order to proceed with the litigation, the Supreme Court of Canada has ruled in a 9-0 judgment which sheds new light on the decade-old Downtown Eastside legal test and its evidentiary requirements for attaining public interest standing. ... [read more]

Thursday, June 23, 2022 @ 4:54 PM

Food import company wins trademark case in Federal Court against coffee delivery business

A food import company has successfully defended its trademark in the Federal Court after showing it was a known brand in Canada. ... [read more]

Wednesday, June 22, 2022 @ 5:14 PM

Patent applications slightly down while others, including trademark, were up in 2020-'21: IP Office

The Canadian Intellectual Property Office (CIPO) has released its annual report for 2020−2021, which showed there was a slight drop in the number of applications for the year. ... [read more]

Tuesday, June 21, 2022 @ 3:09 PM

Federal Court of Appeal upholds Alberta oil extraction patent case ruling

An Alberta-based research and development firm for the oil and gas industry that accused an Alberta oil producer of infringing on its oil extraction patent rights has had its appeal of a Federal Court decision denied by the Federal Court of Appeal. ... [read more]

Tuesday, June 21, 2022 @ 11:39 AM

Facebook privacy decision highlights need for tech companies to get consent from users, lawyers say Shalom Cumbo-Steinmetz

Social media giant Facebook has been dealt a blow after a B.C. judge ruled that it violated privacy statutes in four provinces by using personal images for advertising without proper consent. ... [read more]

Friday, June 17, 2022 @ 11:41 AM

New federal privacy bill outlines rules for personal data use, AI in private sector Innovation, Science and Industry Minister François-Philippe Champagne

Ottawa has unveiled long-awaited rules for the use of Canadians’ personal data by the private sector, which includes the power to request information be destroyed, hefty fines for non-compliance and new provisions governing the use of artificial intelligence. The Digital Charter Implementation Act, 2022, also known as Bill C-27, would advance the implementation of Canada’s digital charter by replacing the Personal Information Protection and Electronic Documents Act (PIPEDA) with a new Consumer Privacy Protection Act. It follows up on the original Digital Charter Implementation Act, which was introduced in 2020 but later died on the order paper when the 2021 federal election was called. ... [read more]