Intellectual Property
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October 04, 2024
Lights, camera, injunction: When drama moves from the cinema to the courtroom
Legal battles in the film industry often rival the riveting drama on screen. This year, the Toronto International Film Festival (TIFF) found itself entangled in a controversy surrounding Anastasia Trofimova’s documentary Russians at War. While the ongoing tension has so far stayed outside the courtroom, it has sparked discussions about the responsibilities of filmmakers, film festivals and audiences.
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October 04, 2024
Section 8 of the Charter is equipped to address technological advancements | Sana Sajid
Our understanding of privacy and its protection has evolved significantly. Section 8 of the Canadian Charter of Rights and Freedoms guarantees that “everyone has the right to be secure against unreasonable search or seizure.” As “supreme law,” Charter privacy protections must address legal frameworks regulating technological advancements.
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October 03, 2024
Federal Court grants interim order blocking protest websites targeting Indigo books chain
The Federal Court has allowed a motion by Toronto-based Indigo Books & Music Inc. for an interim domain blocking order against defendants operating websites entitled Indigo Kills Kids. It was said to be the first time that such an order was granted to apply to cellular service along with internet service.
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October 03, 2024
SCC judges to visit 5 cities, pick law student contest winner in 2025 as top court marks 150 years
The Supreme Court of Canada is giving ambitious law students a rare opportunity to impress its nine judges.
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October 02, 2024
B.C. privacy decision recognizes where someone lives is different than where they work from: lawyer
B.C.’s top court has ruled that short-term rental addresses are personal information under provincial legislation, with a lawyer saying the decision recognizes the fact that where someone lives is fundamentally different from just a place that someone works from — even if a place has elements of both.
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October 01, 2024
COPYRIGHT - Infringement - Defences to infringement - Statutory defences
Claim by plaintiff for copyright infringement arising from photographs taken by the late Vivian Maier ("Maier"). The plaintiff was the estate of Maier who was the owner of copyright in a variety of original works made by Maier, including those embodied in a collection of black and white negatives ("B&W Negatives") and colour slides and transparencies ("Colour Negatives").
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October 01, 2024
Sword in the stone: Demystifying the concept of ‘use’ in patent infringement dispute
The recent ruling by the Federal Court of Appeal in Steelhead LNG (ASLNG) Ltd. v. Arc Resources Ltd., (2024 FCA 67), navigates through the complexities surrounding patent infringement claims. Much like the legendary challenge of drawing the sword from the stone, this case meticulously unpacks the scope and concept of “use” in the context of infringement under s. 42 of the Patent Act.
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September 27, 2024
Federal Court offers bar, litigants expedited ‘no-hearing’ judicial review for study permit refusals
In an effort to speed up the judicial review of hundreds of study permit refusals as the Federal Court also contends with thousands of other immigration cases, the national trial court is offering parties who opt into a new pilot project a “simplified” no-hearing, in-writing-only procedure where judges will simultaneously decide a JR leave application and the JR’s merits, and do so within five months rather than the 14 to 18 months usually required for a final decision under the general procedure.
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September 27, 2024
Lax O’Sullivan welcomes new lawyer
A recent news release from Lax O'Sullivan Lisus Gottlieb LLP announced the addition of Anne Posno.
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September 24, 2024
3 judicial appointments announced for Quebec
Minister of Justice and Attorney General of Canada Arif Virani announced the appointment of Mathieu Piché-Messier, Lysane Cree and Horia Bundaru as judges of the Superior Court of Quebec, a Sept. 23 news release announced.