Intellectual Property
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July 02, 2024
From clicks to courtroom: Leveraging web data in disputes, part three
Google Analytics (GA) is widely recognized as a tool for digital marketing and website optimization, but its potential in the legal field remains largely untapped. Vast amounts of data collected by this web analytics tool carry significant potential for uncovering valuable insights and evidence. As technology continues to evolve, lawyers need to ensure that their experts are aware of the potential and limitations of tools like GA to stay ahead in an increasingly data-driven legal landscape.
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July 02, 2024
Consequences of being first link in the chain of distribution
Patagonia, Inc. caused the registrar to issue a notice under s. 45 of the Trademarks Act, requiring Labatt Brewing Company Limited to show use of the trademark during the three-year period before the issuance of the notice (Patagonia, Inc. v. Labatt Brewing Company Limited, 2024 FC 920).
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June 28, 2024
CRTC seeks comments on exempting Google from mandatory bargaining under Online News Act
The Canadian Radio-television and Telecommunications Commission (CRTC) has launched a public consultation with respect to Google’s application for an exemption from a mandatory bargaining process to compensate news organizations for distributing their content, according to a release.
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June 28, 2024
Veteran Toronto lawyer starts term as LSO treasurer
The Law Society of Ontario’s (LSO) new treasurer praised his predecessor, spoke of past accomplishments and talked about “ceremony, fellowship and policy.” The LSO’s June 28 Convocation featured remarks by newly elected treasurer Peter Wardle, a Toronto-based commercial litigation and professional liability lawyer who will serve in the role for the 2024-25 term.
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June 27, 2024
B.C. Court of Appeal rejects appeal related to $20M pump-and-dump smartphone company scheme
The British Columbia Court of Appeal has dismissed the appeals of three men who took part in a US$20 million market manipulation fraud that involved promoting their smartphone company, Kunekt Corp., as the “next Apple.”
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June 26, 2024
Importance of social media governance in age of AI | Connie L. Braun and Juliana Saxberg
We are in an era where tweets and other social media messaging very quickly shape public opinion. Hashtags spark movements, campaigns and protests.
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June 24, 2024
British Columbia first province to launch class action targeting makers of ‘forever chemicals’
The government of British Columbia has launched what it is hailing as the first class action lawsuit by a Canadian province against manufacturers of so-called forever chemicals, alleging they knew the products would contaminate the environment indefinitely and jeopardize human health.
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June 24, 2024
Liberal government’s ‘intransigence’ and undue secrecy spurs litigation: information commissioner
A recent ruling from the Federal Court affirming a disclosure-of-government records order by Canada’s Information Commissioner illustrates the growth in litigation highlighted by the commissioner's 2023-24 annual report to Parliament, a litigation trend she says is fuelled by the Trudeau government’s court challenges and flouting of her legally binding orders.
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June 24, 2024
How to use state of the register evidence
A decision of the Federal Court illustrates the impact of the state of register use in opposition proceedings (Mécanique de performance Panthera Motorsports Inc. c. Jaguar Land Rover Limited 2024 CF 764.)
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June 21, 2024
Public school boards are bound by Charter; tribunals’ Charter rulings reviewed for correctness: SCC
In an important Charter and standard of review case, the Supreme Court of Canada has ruled that labour arbitrators and other administrative tribunals “should play a primary role” in deciding Charter issues within their bailiwicks — which Charter determinations courts should review on a “correctness” rather than “reasonableness” standard — and that the Charter applies to Ontario public school boards, thereby protecting board employees’ reasonable expectations of privacy in their workplaces and shielding employees from unreasonable search or seizure by their employers.