E-TIPS

On December 3, 2024, the Federal Court of Appeal (the Court) released an en banc judgement in Galderma Canada Inc. v Canada, 2024 FCA 208, reversing a decision of the Federal Court (2024 FC 46, January 11, 2024).

On November 7, 2024, the Federal Court of Canada (the Court) issued its decision in Toyota Jidosha Kabushiki Kaisha (Toyota Motor Corporation) v Marrand Auto Inc., 2024 FC 1776, partially granting a motion by Marrand Auto Inc. (the Defendant) to strike the statement of claim of Toyota Canada Inc. et al. (collectively, Toyota) in relation to the grey market resale of automotive parts.

On November 20, 2024, the Office of the Information and Privacy Commissioner (OIPC) of Alberta published comments and a call for changes regarding two new bills tabled by the Alberta government earlier this month: Bill 33, the Protection of Privacy Act, 2024; and Bill 34, the Access to Information Act, 2024. These bills would replace Alberta’s existing public sector access and privacy law, the Freedom of Information and Protection of Privacy Act (FOIP Act), with two new pieces of legislation, the Protection of Privacy Act (PPA) and the Access to Information Act (AIA). According to the OIPC, these updates would be the first substantial amendments to the FOIP Act since 1995.

On November 27, 2024, Canada’s federal, provincial, and territorial Privacy Commissioners and Ombuds (the FTP Commissioners) issued a joint resolution (the Resolution) to guide the responsible disclosure of personal information in situations involving intimate partner violence (IPV).

On November 6, 2024, the Law Commission of Ontario (LCO) in collaboration with the Ontario Human Rights Commission (OHRC) released the first Human Rights AI Impact Assessment tool (the HRIA) based specifically on Canadian human rights law. The HRIA is intended to help both private and public organizations evaluate and mitigate the human rights risks associated with artificial intelligence (AI) systems.

On November 6, 2024, the Federal Court of Canada (the FC) issued its decision in Auberge & Spa Le Nordik Inc v. THERME Development (Cy) Ltd., 2024 FC 1765, partially granting an application by Auberge & Spa Le Nordik Inc. and Nordik Immobiliers Winnipeg Inc. (collectively, the Applicants) to expunge certain registered services from trademarks registered by THERME Development (CY) Ltd. (TD) (the Respondent).

On November 13, 2024, the Office of the Privacy Commissioner of Canada and privacy regulators across Canada (the Regulators) announced a joint resolution (the Resolution) calling for action on the growing use of deceptive design patterns (DDPs), which are used on websites and mobile apps, including those targeted towards younger users, to influence, manipulate, or coerce users to make decisions that may not be in their best interests.

On November 6, 2024, in Blaze Pizza, LLC v Carbone Restaurant Group Ltd., 2024 FC 1770, the Federal Court of Canada (FC) allowed an appeal from a decision of the Trademarks Opposition Board (TMOB), allowing Blaze Pizza’s opposition to the trademark FAST FIRED BY CARBONE & Design (the Trademark).

View a recording of Professionalism and Technology Refresher: A Case-Driven Exploration of Professional Standards and Technology by clicking on the link below: https://youtu.be/1Eg7GfCyjsc   Program materials are available by clicking here: 

On November 15, 2024, social network X (formerly Twitter) will implement updates to its Terms of Service and Privacy Policy that, among other things, authorize the use and disclosure of user information for the purposes of training artificial intelligence (AI) models belonging to the platform provider or third parties.

On October 29, 2024, the Canadian Centre for Cyber Security (the Cyber Centre) released flagship guidance for critical infrastructure sectors (the Guidance). The following day, the Cyber Centre published its 2025-2026 National Cyber Threat Assessment (the Cyber Threat Assessment). These two publications are complementary, as the Guidance outlines voluntary guidelines to help critical infrastructure defend against cyber threats and enhance Canada’s overall cyber security resilience, while the Cyber Threat Assessment offers an overview of the cyber threats affecting Canadians and forecasts how these threats may evolve.

On October 28, 2024, the Office of the Privacy Commissioner of Canada issued its Concluding Joint Statement on Data Scraping and the Protection of Privacy (the Concluding Statement) with its co-signatories, building on the Joint Statement on Data Scraping and the Protection of Privacy (the Initial Statement) issued on August 24, 2023.

On October 9, 2024, the Federal Court of Canada (the FC) released its decision in Little Brown Box Pizza, LLC v DJB, 2024 FC 1592, partially allowing The Little Brown Box Pizza, LLC’s (the Owner) appeal from the Registrar of Trademarks’ (the Registrar) decision to expunge its trademark for PIEOLOGY (the Trademark).

On October 10, 2024 , the Standing Committee on Access to Information, Privacy, and Ethics (the Committee) presented its report entitled “Federal Government’s Use of Technological Tools Capable of Extracting Personal Data From Mobile Devices and Computers” (the Report) to the House of Commons. The Report outlines the findings from the Committee’s study carried out on federal government institutions’ use of “digital forensic tools”, which are technological tools capable of extracting personal data from mobile devices and computers.

On October 1, 2024, the Federal Court (the FC) released its decision in Toronto Regional Real Estate Board v IMS Incorporated (RE Stats), 2024 FC 1537, dismissing a motion to strike brought by IMS Incorporated, c.o.b. as RE Stats (IMS) relating to certain copyright infringement claims in The Toronto Regional Real Estate Board’s (TRREB) Second Amended Statement of Claim (the Amended Claim).

On October 1, 2024, the Federal Court of Appeal (FCA) released its decision in Wiseau Studio, LLC v Harper, 2024 FCA 157, dismissing Wiseau Studio, LLC’s (the Appellant) appeal from a Federal Court of Canada (FC) decision finding the Appellant’s claims of copyright infringement against six respondents (collectively, the Respondents) were barred based on cause of action estoppel.

On September 18, 2024, the Ontario Superior Court of Justice (the Court) in Lakehead District School Board v. Mauro et al., 2024 ONSC 5174, held on a summary judgment motion that Ms. Mauro (the Defendant) infringed the Lakehead District School Board’s (the Plaintiff) copyright and moral rights in the school colours, mascots, and logos associated with its historic high schools.

On September 16, 2024, the President of the Treasury Board of Canada launched public consultations on Canada’s first artificial intelligence (AI) strategy (AI Strategy) for the federal public service. The goal of this phase of the consultation process is to seek input from Canadians on the appropriate use of AI within the federal government.

On September 27, 2024, the Federal Court of Appeal (the FCA) issued its decision in Munchkin, Inc. v Angelcare Canada Inc., 2024 FCA 156, addressing two appeals concerning the infringement of multiple patents relating to diaper pails and cassettes to be placed therein.

On September 26, 2024, the Information and Privacy Commissioner of Ontario (IPC) issued Order PO-4555, upholding Ontario Tech University’s (Ontario Tech’s) decision to deny a member of the media’s (the Appellant’s) access to records relating to two research grants.