E-TIPS

It is not often that outlaw motorcycle gangs and trademarks lawyers cross paths, but recent events show how they do. The Province of Quebec passed legislation in September 2026 outlawing the wearing of certain indicia of outlaw motorcycle gangs, sometimes referred to as “colours” or “patches”. Quebec's "anti-patch" law (also known as Bill 13) prohibits the public display of logos, vests, patches, and symbols associated with designated criminal organizations, including outlaw motorcycle gangs. The prohibition includes such things as club names, acronyms, logos, and associated merchandise showing support for such gangs displayed on clothing or other objects.

On September 10, 2026, the Privacy Commissioner of Canada (the Commissioner) released new guidance (the Guidance) to help businesses subject to the Personal Information Protection and Electronic Documents Act (“PIPEDA”) assess third-party service providers’ privacy practices before engaging them.

On September 11, 2026, the Federal Court (the Court) issued its decision in Bonafide Health, LLC v Bonafide Health & Drugs Limited, 2026 FC 1144, dismissing a motion by Bonafide Health, LLC’s (Bonafide) for leave to cross-examine on an affidavit that Bonafide Health & Drugs Limited (BHD) filed before the Trademarks Opposition Board (the Board), and for leave to file new evidence.

On August 25, 2026, the Alberta Court of King’s Bench (ABKB) issued its decision in BD v Germain, 2026 ABKB 590, recognizing the common law tort of intrusion upon seclusion for the first time in Alberta.

On August 28, 2026, the Office of the Privacy Commissioner of Canada (OPC) announced that it had filed an application with the Federal Court seeking an order to implement its recommendations to Google following an investigation into Google’s privacy practices that concluded on August 27, 2025.

On September 2, 2026, the Canadian Intellectual Property Office (CIPO) launched the Key Technology Expedited Program (KTEP), a pilot initiative that allows applicants to request expedited examination of patent applications related to key technology areas identified by the Commissioner of Patents.

On September 4, 2026, the Federal Court (the Court) issued its decision in Anashara v BIZU Innovation Group, 2026 FC 1132, allowing the appeal in part of a decision of the Registrar of Trademarks (the Registrar) to expunge the registration for SWAGGER (the Mark) for failure to file evidence in response to a Section 45 notice (the Notice) brought under the Trademarks Act.

The recent imposition of tariffs by each of Canada and the United States as part of their recent trade dispute may have an unintended benefit for trademark owners.

On August 17, 2026, The Office of the Information and Privacy Commissioner of Ontario (IPC) released updated guidance on police use of remotely piloted aircraft systems (RPAS), commonly known as drones (the “Guidance”). The Guidance is intended to assist police services in meeting their obligations under Ontario’s access and privacy laws when implementing or operating RPAS programs.

On August 19, 2026, the Federal Court (the Court) released its decision in PKF Trade Mark Limited v PKF Chambers Inc, 2026 FC 1072, granting PKF Trade Mark Limited (the Applicant) leave to file new evidence. The underlying proceeding was an appeal from a decision by the Trademarks Opposition Board (the Board) expunging the Applicant’s trademark (the Mark) after finding that the Applicant had failed to demonstrate use of the Mark during the relevant period.

On July 23, 2026, the Government of Canada launched a public consultation (Consultation) to help shape the next steps for safe, responsible and reliable artificial intelligence (AI). The Consultation supports the Canadian government’s commitment to advancing AI transparency, as outlined in “Canada’s National Artificial Intelligence Strategy: AI for All” (as previously reported by the E-TIPS® Newsletter here).

On August 13, 2026, the Office of the Information and Privacy Commissioner of Ontario (IPC) released an updated version of its guidelines “Planning for Success: Privacy Impact Assessment Guide for Ontario’s public institutions” (the Guidance). The updated Guidance reflects new statutory requirements under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) that will come into force on January 1, 2027.

On August 6, 2026, the Federal Court of Appeal (FCA) released its decision in Lounge Medical Spa Ltd. v. DermaSpark Products Inc., 2026 FCA 135, allowing The Lounge Medical Spa Ltd. and Roula Hamdan’s (collectively, the Appellants’) appeal from a Federal Court decision finding that they infringed DermaSpark Products Inc. and Pollogen Ltd.’s (collectively, the Respondents’) trademark rights and were liable for damages.

On July 14, 2026, the Federal Court of Canada (FC) issued its decision in Gemak Trust et al. v Jempak ULC, 2026 FC 901, dismissing GEMAK Trust’s (GEMAK) patent infringement action relating to detergent product formulations packaged in water-soluble film and allowing Jempak ULC’s (Jempak) invalidity counterclaim in part.

On July 15, 2026, the Federal Court of Canada (the Court) issued its decision in Rayman v Red Crayon Inc., 2026 FC 951, granting Dr. Reiza Rayman’s (the Plaintiff) motion for default judgement against Red Crayon Inc. (the Defendant) for copyright infringement.

On July 14, 2026, the Office of the Privacy Commissioner of Canada (the OPC) announced that WestJet had signed a Compliance Letter under which it agreed to demonstrate that it had strengthened its security measures following a cyberattack that affected more than five million current and former WestJet customers and employees.

On July 17, 2026, the Supreme Court of Canada (the SCC) issued its decision in Pharmascience Inc. v. Janssen Inc., 2026 SCC 26, dismissing Pharmascience Inc.’s (Pharmascience’s) appeal of a Federal Court of Appeal (FCA) decision upholding the validity of Janssen Inc. and Janssen Pharmaceutica N.V.’s (collectively, Janssen’s) dosing regimen patent.

On July 9, 2026, the Privacy Commissioner of Canada (the Commissioner) released guidance (the Guidance) to assist financial reporting entities in preparing and submitting a code of practice (Code of Practice) governing the sharing of personal information required under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations (Regulations).

On July 13, 2026, the Federal Court of Canada (FC) issued its decision in Advantage Car & Truck Rentals Ltd. v Orlando Rentco LLC, 2026 FC 933, finding that Orlando Rentco LLC (Orlando) engaged in passing off of various unregistered ADVANTAGE trademarks (collectively, the Marks) owned by Advantage Car & Truck Rentals Ltd. (Advantage) contrary to subsection 7(b) of the Trademarks Act.

In June 2026, the Privacy Commissioner of Canada joined his G7 Data Protection and Privacy Authorities (the “G7 DPAs”) counterparts for their sixth annual roundtable. The discussions focused on strengthening international cooperation to support responsible innovation while protecting individuals’ privacy in the digital environment.