Intellectual Property
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November 14, 2024
Removal of untranslated English decisions on website won’t end novel lawsuit against SCC: plaintiff
The Supreme Court of Canada’s removal of thousands of pre-1970 (mostly unilingual-English) judgments from its website won’t end an unprecedented Federal Court lawsuit that aims to compel the top court’s registry to fix alleged violations of the Official Languages Act by translating the court’s unilingual decisions into the other official language, says the plaintiff language rights group Droits collectifs Québec.
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November 13, 2024
CanLII sues AI-based legal research platform for alleged data scraping and copyright violations
The Canadian Legal Information Institute (CanLII) has filed a lawsuit against a company behind an AI chatbot over allegations it bulk downloaded over 3.5 million records from CanLII’s website in violation of its terms of service and its copyright in the relevant works.
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November 13, 2024
Canada launches new Canadian Artificial Intelligence Safety Institute
The federal government has announced the launch of the Canadian Artificial Intelligence Safety Institute (CAISI) to “bolster Canada’s capacity to address AI safety risks” and continue to position the country “as a leader in the safe and responsible development and adoption of AI technologies.”
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November 12, 2024
Passing off by the elements
A decision of the Ontario Supreme Court clarifies what is required to obtain an interlocutory injunction and shows the risks of not complying with those requirements (Biosteel Inc. v. Cizzle Brands Ltd., 2024 ONSC 5515).
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November 11, 2024
9 articling students return to Lenczner Slaght as associates
Recent news releases from Lenczner Slaght announced the addition of Derek Hooper, Liza Leshchynska, Herschel Chaiet, Jennah Khaled, Mackenzie Faulkner, Alec Verch, Adam Davis, Madeleine Andrew-Gee and Alex Tuccillo as associates. All nine previously summered and articled for the firm.
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November 08, 2024
SCC elaborates on framework, scope for judicial review of regs and other subordinate legislation
The Supreme Court of Canada has ruled 9-0 that the Vavilov “reasonableness” standard for judicial review — informed by some of the Katz Group principles — presumptively applies when courts review whether subordinate legislation is authorized by law.
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November 07, 2024
Court order obtained against legal software maker Dye & Durham as part of competition probe
The federal Competition Bureau has obtained a court order to advance an investigation into whether Toronto-based legal and business software provider Dye & Durham is engaging in conduct contrary to the restrictive trade practices provisions of the Competition Act, including abuse of a dominant position.
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November 07, 2024
TikTok Canada plans legal challenge to Ottawa’s order to cease operations
The Canadian arm of popular, China-based social media platform TikTok is vowing to take legal action to block a federal government order to close its operations due to national security concerns.
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November 06, 2024
Report reviews new drugs’ potential impact on future drug spending in Canada
The Patented Medicine Prices Review Board has released an extensive listing of new medicines in the late stages of clinical evaluation that it predicts may “significantly impact clinical practice or drug spending in the coming years.”
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November 05, 2024
An accounting of profits for passing off
After a long and convoluted history of litigation between the parties, the Federal Court of Appeal granted an accounting of profits to the applicant for passing off by the defendant. The profits were to be determined by way of a reference. In keeping with the history, the refence was hotly contested (Group III International Ltd. v. Travelway Group International Ltd., 2024 FC 119).