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Home / Sections / Information Technology and Intellectual Property Law / Articles

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  • From Paper Files to Digital Trust: Canada's Privacy Act May Be Getting a 21st Century Makeover

    Victoria Di Felice, Associate Lawyer, Deeth Williams Wall LLP | April 22, 2026

    Canada has launched a modernization review of the federal Privacy Act, led by the Treasury Board via a public consultation and discussion paper. The review seeks input on improving services, strengthening digital-age privacy protections, and updating oversight—covering themes like accountability, safeguards, and a stronger compliance regime. Consultations run until July 10, 2026, with findings expected in the winter 2026–27.

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  • Empowering the Consumer: The Rise of Consumer-Driven Banking in Canada

    Christine Jackson, Houtan Mashinchi and Jenna Aljarrah | April 14, 2026

    Canada is advancing toward implementing a consumer-driven banking framework, also known as open banking, which aims to empower consumers and small businesses by allowing secure sharing of financial data with authorized entities via APIs, eliminating the need for risky screen scraping methods. Article summarizes historical development, recent progress in CDBA and outlines what consumers can expect in 2026 and 2027.

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  • Beyond Classification: Developing Legal Protections for Neurotechnology

    Brandon Connor, JD Candidate, Osgoode Hall Law School; M. Imtiaz Karamat, Associate Lawyer, Deeth Williams Wall LLP | April 08, 2026

    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.

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  • Scraping The Surface: The Clearview AI Cases and Testing the Limits of Technological Neutrality

    By Jennifer R Davidson and Amy Ariganello, Deeth Williams Wall LLP | April 02, 2026

    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.

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  • Navigating Ambush Marketing Laws in Canada

    Candice Kloes, Counsel - Borden Ladner Gervais LLP ("BLG"); Any Obando Ospina, Senior Associate - Borden Ladner Gervais LLP ("BLG") | April 02, 2026

    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.

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  • AI Mimicking Identity: Should Canadian Copyright Law Protect Personality Rights

    Hannah Jones, Faculty of Law, University of Western Ontario, JD Candidate- Class of 2027 | January 26, 2026

    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.

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  • Identical by Design: AI’s Threat to Trademark Distinctiveness in the Fashion and Creative Industries

    Ruhana Chowhan | January 26, 2026

    This article examines how artificial intelligence has transformed various sectors, particularly the fashion and creative industries. While AI offers significant efficiencies, it also poses a growing threat to originality, evolving into a crisis of trademark distinctiveness with direct implications for Canadian and global IP law.

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  • Pro Bono IP Clinics: Inspiring Innovation and the Next Generation of IP Lawyers

    Hannah Jones, Faculty of Law, University of Western Ontario, JD Candidate - Class of 2027 | October 20, 2025

    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.

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  • The Shift to a Softer Approach on AI Regulation

    Charitarth Bharti, privacy and AI consultant | May 15, 2025

    The AI Policy landscape is shifting in view of economic headwinds and changing policy priorities from the EU and the US. Safety, trust, and innovation hang in the balance.

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  • Get to Know Your Execs in Five Minutes (or Less)

    Ayush Arora | May 14, 2025

    In this ongoing series, we will profile each of the members of the OBA IT/ IP 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! This issue, meet Ayush Arora, newsletter editor for the Information Technology and Intellectual Property Law Section.

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  • AI Content Labels – Private Sector Policy and Canada

    Warren Urquhart, Governance Counsel at Toronto Hydro | May 12, 2025

    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.

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  • Shaping the Future: Canada’s Path to AI Governance

    Ruhana Chowhan | May 12, 2025

    The article is about Canada’s upcoming Artificial Intelligence (AI) Strategy from 2025 to 2027, which outlines how the federal government plans to adopt artificial intelligence to improve public service efficiency through ethical frameworks, governance, workforce development, and public engagement.

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  • Copyrighted Memes: The Risks in Crypto

    Kendra Levasseur and Daniella Febbraro, Associates, IP Litigation, and Mitchell Spragg, Articling Student, McCarthy Tétrault LLP | May 12, 2025

    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.

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  • Brainwaves and Boundaries: The Privacy Debate with Neurotechnology

    Mahsa Gardaneh, JD candidate, Osgoode Hall Law School; M. Imtiaz Karamat, associate, Deeth Williams Wall LLP | March 18, 2025

    Authors discuss the growth of neurotechnology (projected to reach $12.1 billion by 2026) and its privacy implications for consumers. Dealing with concerns with responsible innovation this article addresses challenges such as over-collection of neural data, third-party disclosures, and lack of transparency; and also highlights current legal positions in Canada and other jurisdictions.

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  • Get to Know Your Execs In Five Minutes (Or Less)

    Alessia Monastero | March 13, 2025

    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!

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  • The Complexities of "Canadian" Product Claims

    Anastassia Trifonova, legal counsel at Arterra Wines Canada | March 11, 2025

    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.

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  • Guarding the Gate: How Law Firms Can Protect Against Ransomware

    Sharan Johal, associate at WeirFoulds LLP | January 08, 2025

    This article highlights the continuing, rising threat of ransomware to Canadians, fuelled by the rapid development and deployment of certain attack techniques. Law firms in particular must take proactive measures to mitigate risks against ransomware attacks; it is now critical that lawyers stay informed and vigilant to operate a cyber-safe practice.

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  • Monetizing Green: The Role of Green Patents in Sustainable Innovation

    Allessia Chiappetta, JD candidate, Osgoode Hall Law School | January 08, 2025

    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.

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  • The Eras Tour: The Rise of Hackers, Scammers, and Bad Bots

    Natalie Bravo | January 06, 2025

    This article discusses serious cybersecurity concerns faced by consumers of online ticket sales, very recently, Swifties – fans of Taylor Swift. Cybercriminals have been more active around this time, utilizing conventional methods such as phishing sites to steal sensitive information or impersonating friends through hacked social media accounts to sell fake tickets. To protect readers' next online ticket purchase, the author has listed few considerations.

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  • Get to Know Your Execs in Five Minutes (Or Less) (Part 6)

    Victoria Di Felice, Deeth Williams Wall LLP | October 15, 2024

    In this ongoing series, we will profile each of the members of the OBA IT/IP 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!

    Learn more
  • Roadmap: Federal Court of Appeal Finds Facebook’s Practices in Breach of Canada’s Private-Sector Privacy Legislation

    Steffi Tran | October 04, 2024

    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. 

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  • Update from the FCA on Standard of Review for Claims Construction

    Kaitlin Soye | May 02, 2024

    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.

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  • R. v. Bykovets: A review of Section 8 of the Charter and its protection of the Internet Protocol from unreasonable search

    Govind K Chaturvedi | May 02, 2024

    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.

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  • Arc’teryx v. Adidas: The Battle of TERREX, an important case on trademark injunctions

    Aviva Snitman, Lomic Law | May 01, 2024

    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.

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  • The Dual Edge of AI: Promise and Perils for Cyber Defence

    Allessia Chiappetta, JD Candidate, Osgoode Hall Law School, and M. Imtiaz Karamat, Associate, Deeth Williams Wall LLP | April 30, 2024

    Artificial Intelligence (AI) has obtained mainstream celebrity with the success of technologies like OpenAI’s ChatGPT fueling its popularity on a global scale. Apart from the average consumer, AI is revolutionizing traditional approaches for businesses across every industry.

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  • Unmasking Deception: Canada Weighs in on the Dark Side of Deepfakes

    Jennifer R. Davidson, partner, Technology, Privacy and Cybersecurity Law, and Victoria Di Felice, articling student, of Deeth Williams Wall LLP | April 30, 2024

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

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  • Get to Know Your Execs in Five Minutes (Or Less) (Part 5)

    Summer Lewis, Fasken | February 22, 2024

    In this ongoing series, we will profile each of the members of the OBA IT/IP 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! Meet one of our Newsletter Editors: Summer Lewis!

    Learn more
  • Hey Alexa, Have You Been Hacked? Securing Your Smart Devices Today For A Safer Tomorrow

    Sharan Johal, sole practitioner | February 22, 2024

    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.

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  • Important Changes from the Federal Court’s Amended Consolidated General Practice Guidelines

    Jenny Hepditch, Gowling WLG (Canada) LLP | February 22, 2024

    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.

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  • Quebec Draft Regulation Under Bill 96

    Anastassia Trifonova | February 21, 2024

    An update on the recently published regulations with respect to Bill 96 in Quebec, from the Ontario perspective (for businesses that also operate in QC).

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Candice Kloes

Newsletter Editor

Candice Kloes


OBA information technology and intellectual property law articles are published by the Information Technology and Intellectual Property Law section of the Ontario Bar Association. Members are encouraged to submit articles. The Articles are provided for educational or informational purposes only and are not intended to provide legal, accounting or tax advice and should not be relied upon in that respect. Any article or other information or content expressed or made available in this Section, is that of the respective author and not of the OBA. Precedents and other material contained herein are used at the user’s sole risk, and the OBA does not guarantee the legal efficacy of the use of any documentation. You should not act or rely on any information on this Web Site without seeking the advice of a professional.

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