The Supreme Court of Canada (Court) has ruled that the offence of luring a child over the Internet under section 172.1 of the Criminal Code (Offence) is a valid, inchoate offence that focuses on the subjective intention of the accused at the time of communication via computer, without any requirement that further and later activity be proved beyond the intention. In R v Legare, an appeal from the Alberta Court of Appeal, the Court recently discussed the essential elements of the Offence. | MORE

During November, the US Food and Drugs Administration (FDA) held public hearings to assist in developing policies regarding the promotion of drugs and medical devices on the Internet and through online social media. The wide range of participants included representatives from the pharmaceutical, Internet and advertising sectors, health care professionals and public interest groups. | MORE

In October 2008, the estate of renowned jazz musician Chet Baker commenced a copyright infringement action in the Ontario Superior Court against Warner Music Canada, Sony BMG Music Canada, EMI Music Canada, and Universal Music Canada (Defendants), and sought to certify the lawsuit as a class action, with many popular recording artists as plaintiff class members (The Estate of Chesney Henry “Chet” Baker et al v Sony BMG Music (Canada) Inc et al, court file CV 0800 360651 00CP). | MORE

In a proceeding under the Patented Medicines (Notice of Compliance) Regulations, the Federal Court recently held that there is a duty of candour on applicants in how they represent prior art during the prosecution of their patent applications. | MORE

In a move that caught many observers by surprise, the Canadian Minister of Industry, Tony Clement, announced that the federal Cabinet has overturned a decision made on October 29, 2009 by the Canadian Radio-television and Telecommunications Commission (CRTC) and will permit Globalive Communications to operate an advanced wireless telecommunications service. | MORE

The Ontario Superior Court has approved an $8.75 million settlement in a class action involving Johnson & Johnson’s drug using the brand name “Prepulsid.” | MORE

The Ontario Superior Court has ruled that a real estate broker, Fraser Beach (Broker), breached the authorised user agreement (Agreement) for the Toronto Real Estate Board’s (TREB) multiple listing service web site by downloading hundreds of thousands of real estate listings in order to create a database on his own site, from which the information was made available to the public. The Agreement granted a license to a registered broker to use the data, including sensitive pricing information, for “exclusive and internal” uses. | MORE