E-TIPS

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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.

On October 1, 2024, the Office of the Privacy Commissioner (OPC) tabled its annual reports on the Access to Information Act and Privacy Act (collectively, the Annual Reports). The Annual Reports summarize how the OPC fulfilled its responsibilities under the Acts in the 2023-2024 fiscal year.

On September 19, 2024, the Office of the Privacy Commissioner of Canada (OPC) issued a Joint Statement on a Common International Approach to Age Assurance (the Joint Statement), joining other global regulators in moving towards a more common international approach to the data protection and privacy implications of age assurance methods.

On September 13, 2024, the Federal Court of Canada (the Court) in Giuseppe De Luca v Geox S.P.A., 2024 FC 1441, dismissed Mr. De Luca’s (the Applicant) application to invalidate Geox S.P.A.’s (the Respondent) trademark AMPHIBIOX.

On September 5, 2024, the Council of Europe (COE) opened for signature the first ever global treaty on artificial intelligence (AI), entitled Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (the Treaty).

On August 14, 2024, the Federal Court of Canada (the Court) released its decision in Molo Design, Ltd. v Chanel Canada ULC, 2024 FC 1260, dismissing Molo Design, Ltd.’s (the Plaintiff) patent infringement action against Chanel Canada ULC, Procédés Chénel SARL, and Chanel SAS (collectively, the Defendants), and granting the Defendants’ counterclaim for patent invalidity in part.

On September 9, 2024, the Federal Court of Appeal of Canada (FCA) in Privacy Commissioner of Canada v. Facebook Inc., 2024 FCA 140, unanimously held that Facebook Inc. (Facebook) breached Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) between 2013 and 2015 by failing to obtain meaningful consent from its users and to appropriately safeguard users’ personal information.

On August 15, 2024, the Federal Court of Appeal (the FCA) released its decision in Mud Engineering Inc. v Secure Energy Services Inc., 2024 FCA 131, dismissing Mud Engineering Inc. and An-Ming (Victor) Wu’s (collectively, the Appellants’) appeal from a Federal Court of Canada’s decision denying their motion for a declaration of patent ownership along with their related patent infringement action.

On August 16, 2024, the Court of Appeal for Ontario (the Court) issued its decision in R. v Attard, 2024 ONCA 616, finding that there is no reasonable expectation of privacy in a vehicle’s Event Data Recorder (EDR) data.