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Posted in: Data Protection | Data Security/Privacy | Privacy

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OPC Proposed Change Equal to Legislative Change Without Legislative Process By Paige Backman, Donald B. Johnston and Aaron Baer May 08, 2019 On April 9, 2019, the Office of the Privacy Commissioner of Canada (OPC) announced it was looking to change their position on trans-border flow of personal information. The proposed change in position will impact not only cross-border data transfers between controllers and processors, but also ot...

Posted in: Court Decision | arbitration

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Wake Up Call: The Supreme Court of Canada’s Review of the Intersection between Arbitration and Class Action Lawsuits in Telus Communications Inc. v. Wellman By Brandon Carter and David Stevens Apr 10, 2019 On April 4, 2019, the Supreme Court of Canada released its decision in Telus Communications Inc. v. Wellman. The decision involved the consideration of a series of arbitration agreements, the Ontario Arbitration Act, 1991, the Ontario Consumer Protection Act, 2002, and a consumer and non-consumer...

Posted in: Intellectual Property | Copyright | Europe

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The Dawning of a New Dark Age for Europe By Ken Clark and Monica Carinci Apr 05, 2019 Darkness looms over the Internet in Europe as members of the European Parliament voted in favour of the proposed directive on copyright in the Digital Single Market. The new rules, which are aimed at providing more protection for rights-holders, have the potential to change internet culture as we...

Posted in: Intellectual Property

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The Competition Bureau Publishes Final Version of its Revised Intellectual Property Enforcement Guidelines By Ken Clark and Brandon Carter Mar 22, 2019 On March 13, 2019, the Competition Bureau published the final version of the revised Intellectual Property Enforcement Guidelines.

Posted in: Telecommunications | CRTC

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The Federal Government Signals a New Policy Approach for the CRTC in the Telecom Sector By Stephen Zolf Mar 07, 2019 On February 26, 2019, the Minister of Innovation, Science and Economic Development tabled a Proposed Order Issuing a Direction to the CRTC on "Implementing the Canadian Telecommunications Policy Objectives to Promote Competition, Affordability, Consumer Interests and Innovation." If implemented s...

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“Privacy is Not an All-or-Nothing Concept”: The Supreme Court of Canada’s decision in R. v. Jarvis By Donald B. Johnston and Brandon Carter Feb 20, 2019 On February 14, 2019, the Supreme Court of Canada released its decision in R. v. Jarvis, a case that centered on determining when and where a person will be criminally liable for observing or recording others, without their knowledge, for sexual gratification.

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Data Breaches – What Will Cost You and What Will Save You Money By Paige Backman Feb 11, 2019 For the last number of years, Ponemon Institute has published reports on data breaches. The latest report, “2018 Cost of a Data Breach Study: Global Overview”, is worth the read. It explores not just the cost in dollars and organization expended (direct and indirect costs), but also which element...

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GDPR - Impact on Canadian Business Obligations, Liability and Contract Terms By Paige Backman Feb 06, 2019 The European Union’s General Data Protection Regulation (GDPR) came into effect nearly nine months ago on May 25, 2018. The GDPR clearly applies to those located in the EU, but its application is worldwide in that it expressly imposes obligations, liability and contractual terms on businesses ope...

Posted in: Copyright | Media | Sports | Intellectual Property

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The Perils of Comparative Advertising – A lesson from Super Bowl 53 By Stephen Zolf, Brandon Carter and Matthew Helfand Feb 05, 2019 This year’s Super Bowl featured several Bud Light commercials, which irreverently poked fun at two of its competitors – Miller Lite and Coors Light. As the commercials allege in no uncertain terms, Miller and Coors brew with corn syrup, while Bud Light does not. What was striking about these comm...

Posted in: Data Security/Privacy

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Come On, They’re Children! By Paige Backman Feb 04, 2019 A few days ago, a friend forwarded on the Slashdot story about Facebook paying individuals, ages 13-35, $20/month to essentially spy on them. The story is all over the Internet, apparently.

Posted in: Intellectual Property

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“BIG MAC” Attack! By Brandon Carter and Ken Clark Jan 31, 2019 McDonald’s no longer owns the “BIG MAC” trademark in Europe in the wake of the European Union Intellectual Property Office’s decision on a cancellation proceeding filed by Irish fast-food restaurant chain, Supermac.

Posted in: Court Decision | Media | Privacy

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The Press Freedom Paradox in R. v. Vice Media: the Supreme Court of Canada’s Review of Press Freedoms Versus the Investigative Powers of Police By Paige Backman and Brandon Carter Dec 13, 2018 On November 30, 2018, the Supreme Court of Canada rendered its decision in R. v. Vice Media Canada Inc., a case many describe as pitting press freedoms against the investigative powers of police.

Posted in: Intellectual Property

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The Imminent Arrival of File Wrapper Estoppel in Canada By Tony Sabeta, B.Eng. Dec 05, 2018 For the best part of 18 years, since the judgment of Justice Ian Binnie in Free World Trust, 2000 SCC 66, it has been well-settled law that there is no file wrapper estoppel in Canada. That’s all about to change following Bill C-86, which was introduced on October 29, 2018.

Posted in: Intellectual Property

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What Do You Mean I Don’t Own My Own Logo? A parable for many business owners on how to make sure you actually own the logo you have used for years By Ken Clark and Sarah Newman Nov 19, 2018 The plaintiff in the recent Federal Court case, Milano Pizza Ltd. v. 6034799 Canada Inc., thought that it owned the copyright in the logo it had franchised for years. It thought wrong. While the case appears to be infighting in a franchise system, the copyright aspects of the case are interesting...

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Will the EU Copyright Directive Break the Internet? By Ken Clark and Monica Carinci Nov 12, 2018 On September 12, 2018, the European Union passed a proposed directive on copyright in the Digital Single Market. Once the European Parliament, the European Commission and the Council of the European Union agree on a final form of the directive, member states will be required to amend their own la...

Posted in: Artificial Intelligence

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More on (Or Moron?) Artificial Intelligence By Donald B. Johnston Nov 09, 2018 I blathered on, in a series of blog articles that no one apparently read, concerning the wonders of artificial intelligence and how it will transform the world we live in, bring in a glorious new day and make us all kings and queens in our own domains, etc., etc. Now I want to make a pitch for so...

Posted in: Sports

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The Power of Sport By Paige Backman Nov 08, 2018 Sport’s power is stunning. Its ability to unite, inspire inclusivity, promote global health and strive for equality and peace beyond political borders can be unparalleled. I’ve been blessed to be a part of global initiatives that bring together world leaders in sport, faith and business to help m...

Posted in: Intellectual Property

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IP Budget 2018 – Changes to Canada’s IP laws By Ken Clark and Brandon Carter Nov 07, 2018 On October 29th, 2018, Canada’s federal government tabled an omnibus budget implementation bill, entitled the Budget Implementation Act, 2018, No.2. At over 800 pages long, it amends dozens of existing federal laws, creates various new government departments, and includes new statutes in their en...

Posted in: Intellectual Property

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Get into the Octave-gon with the New MMA By Ken Clark and Matthew Helfand Oct 16, 2018 Last week, the White House signed into law the Music Modernization Act, bringing American copyright law further into the digital age. The MMA offers several key updates to the copyright regime in the United States. This article provides a few highlights.

Posted in: Court Decision | SLAPP

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SLAPP Fight! Ontario Court of Appeal Clarifies SLAPP Legislation By Ken Clark and Matthew Helfand Oct 10, 2018 On August 30, 2018, the Ontario Court of Appeal released six decisions involving Ontario’s anti-SLAPP legislation. The six appeals were heard together. These decisions present a roadmap of the ambit of the new anti-SLAPP law.

Posted in: Cryptocurrency | ICO

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Tales from the Crypt(ocurrency) By Ken Clark and Matthew Helfand Oct 09, 2018 The cryptocurrency fad has started to enter the legal mainstream. Unusually, this has happened in the context of a mysterious death. In a case of a mistaken transfer of cryptocurrency tokens, the British Columbia Superior Court has ordered that the tokens be traced so that they can be returned t...

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Court of Appeal Sends “Stairway to Heaven” Back to Trial By Ken Clark and Brandon Carter Oct 02, 2018 On September 28, 2018, the 9th U.S. Circuit Court of Appeals in San Francisco gave out a “whole lotta love” when it ordered a new trial in a lawsuit accusing Led Zeppelin of copying an obscure 1960s instrumental by the band Spirit for the intro to its classic 1971 rock anthem "Stairway to Heaven....

Posted in: Intellectual Property

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Big Changes Coming to Canadian Patents When USMCA Replaces NAFTA By Erica L. Lowthers, PhD Oct 01, 2018 Late Sunday night, an agreement was reached to replace the North American Free Trade Agreement with the United States-Mexico-Canada Agreement. This agreement has significant implications for patent and data protection in Canada and is expected to come into force in the second half of 2019.

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Legal Tech: Key Takeaways from a Unique Secondment from Aird & Berlis LLP to Diligen, a Legal Tech Company By Aaron Baer Sep 05, 2018 Aaron Baer recently completed his secondment with Diligen, a Toronto-based legal tech company. His well-publicized secondment with a startup that provides artificial intelligence technology for due diligence and contract review was the first known secondment between a leading law firm and a legal...

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