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Neurotechnology is rapidly expanding from clinical use into consumer markets, enabling the collection of highly sensitive neural data that can reveal thoughts, emotions, and behaviour. Regulators in Canada, the EU, and the U.S. have begun addressing this by classifying neural data as sensitive personal information under existing or new privacy laws. However, focusing solely on classification may leave significant gaps, especially where non-neural data can be used to infer mental states or where technologies evolve beyond current definitions. Experts and organizations like the World Economic Forum argue that a broader, technology-neutral regulatory approach is needed. In response, UNESCO’s 2025 Recommendation proposes a more comprehensive framework that goes beyond data classification to address the full lifecycle of neurotechnology. It emphasizes protections for both neural and related data, stronger consent and consumer safeguards, cybersecurity standards, and limits on commercial misuse. Overall, the trend is toward more flexible, future-proof regulation that governs not just data, but neurotechnology as a whole.

Clearview AI’s facial recognition technology, which collects images from publicly accessible online sources, has led to significant privacy law challenges and litigation in Canada. The legal scrutiny focuses on issues of consent, the classification of publicly available information, and the applicability of existing privacy laws to modern data practices.

As Canada prepares to co-host the 2026 FIFA World Cup, businesses face legal risks from ambush marketing, which involves unauthorized association with major events either through direct IP infringement or indirect suggestive tactics, both of which harm official sponsors and mislead the public. Canada lacks a broad legal ban on ambush marketing except for the Olympic and Paralympic Games, but consumer protection and IP laws like the Competition Act, Trademarks Act, and Copyright Act provide remedies against misleading representations and unauthorized use of protected marks and artistic works, with penalties including injunctions, damages, and substantial fines. Advertisers and event organizers are advised to carefully review campaigns and contracts to avoid legal violations and protect brand integrity, seeking legal guidance as needed.

This article discusses how AI’s ability to replicate voices, images, and other personal traits is prompting new legal questions about the protection of personality rights.

The article discusses the growing need for accessible intellectual property (IP) legal support in Ontario, especially for small businesses, startups, and early-stage entrepreneurs who face financial and informational barriers to protecting their ideas. Despite Ontario’s status as a thriving innovation hub, current legal resources—especially in IP—are insufficient to meet the demand. To address this gap, university-based pro bono IP clinics are emerging as a key solution. The article focuses on the Western Intellectual Property and Innovation Legal Clinic (WIPILC) at Western University’s Faculty of Law, led by Dr. Bassem Awad. Founded in 2021, the Clinic helps innovators across Southwestern Ontario understand and protect their IP while offering law students practical, hands-on legal training.

AI generated or made by human? What systems are in place to let consumers know whether social media content is made by a creator or Chat GPT? So far Meta has its only system in place, and Canada has a few suggestive sources.

Among the many risks of trading "meme coins" in the crypto market, one risk is often forgotten until it is too late: copyright law. This article explores the copyright law implications that both meme coin developers and traders face when profiting off another person’s original work, using real-world examples from the past year.

This article discusses the legal and regulatory challenges associated with identifying and designating products as ‘Canadian’. As consumers strive to gain further understanding of the origin of their potential purchases, businesses must make accurate representations regarding their products to be compliant.

Canada is ramping up efforts to combat climate change by promoting green technology innovation through its Green Technologies Program. This initiative fast-tracks patent applications for eco-friendly innovations, reducing processing times significantly to encourage faster commercialization. However, limited awareness and participation highlight the need for targeted outreach and incentives to maximize the program’s potential and drive sustainable development.

This article outlines the background, and the key concepts decided by Federal Court and Federal Court of Appeal (FCA) in the investigation by the Office of Privacy Commissioner of Canada into Facebook's practices. The FCA concluded that Facebook failed to obtain meaningful consent from friends of users to disclose their data and breached its safeguarding obligations by failing to adequately monitor and enforce the privacy practices of third-party applications operating on the platform. 

The Federal Court of Appeal in Google LLC v. Sonos Inc., 2024 FCA 44 dismissed Google’s appeal challenging the decision of the Federal Court that Sonos did not infringe Google’s patent (Canadian Patent No. 2,545,150), upholding the Federal Court’s decision (2022 FC 1116). The Google patent relates to a system for adaptive echo and noise control in electronic equipment – for example, smart speakers.

A summary of the Supreme Court of Canada's recent decision on the appeal in R. v. Bykovets from the Court of Appeal of Alberta, on a 5-4 split judgment with the majority stating that Section 8 of the Charter protects the Internet Protocol from unreasonable search.

In the recent decision of Amer Sports Canada Inc. v. Adidas Canada Limited, the Supreme Court of British Columbia granted Arc’teryx an interlocutory injunction, temporarily preventing Adidas from using the word “TERREX” in association with its retail stores until a decision is made at trial.

A closer look at deepfake technologies in the legal landscape of Canada and the blurred lines between reality and fiction.

Smart devices have transformed how we engage with technology in our daily lives, for various purposes such as home security, organization, communication, and entertainment. Despite overwhelming use, IoT devices are not inherently secure – and the lack of security can, in part, be exacerbated due to a user’s tech hygiene. This article explores best practices for promoting a cybersecure landscape in Canada.

On December 20, 2023, the Federal Court published the Amended Consolidated General Practice Guidelines. This article provides a summary of key amendments and some friendly reminders from previous practice directions, including guidance on filing electronic records, virtual commissioning, and mode of hearing.

In this ongoing series, we will profile each of the members of the OBA IP/ IT Law Section Executives to learn about them in five minutes or less. It’s five minutes or less because we know that a lot of you docket in six minute increments!