Ontario Superior Court Of Justice Finds The Tort Of Intrusion Upon Seclusion Does Not Extend To “Constructive Intruders” Ontario Superior Court Of Justice Finds The Tort Of Intrusion Upon Seclusion Does Not Extend To “Construc...

Privacy
February 23, 2022February 23, 20222022-02-24
On January 17, 2022, the Ontario Superior Court of Justice (the Court) in Winder v Marriott International, Inc., 2022 ONSC 390, found no legally viable cause of action for intrusion upon seclusion against Marriott International Inc., Luxury Hotels International of Canada ULC and Starwood Canada ULC (collectively, Marriott) since it was not an intruder for the purposes of the tort of intrusion upon seclusion recognized in Jones v Tsige, 2012 ONCA 32.
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-finds-tort-of-intrusion-upon-seclusion-does-not-extend

Federal Court Of Canada Finds Trademark Infringement Of UBS Group AG’s Marks In Confusion Analysis Federal Court Of Canada Finds Trademark Infringement Of UBS Group AG’s Marks In Confusion Analysis

Trademark and Copyright Litigation
February 23, 2022February 23, 20222022-02-23
On February 3, 2022, the Federal Court of Canada (the Court) issued its decision in UBS Group AG v Yones, 2022 FC 132, granting default judgement and finding that Unified Business Solutions Group Inc. (Unified) had infringed UBS Group AG’s trademark rights.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-trademark-infringement-of-ubs-group-ag%E2%80%99s-marks-confusion

British Columbia Court Declines To Certify Class Action Lawsuit Against Facebook British Columbia Court Declines To Certify Class Action Lawsuit Against Facebook

Privacy
February 23, 2022February 23, 20222022-02-23
On January 27, 2022, the Supreme Court of British Columbia (the Court) issued its decision in Chow v Facebook, Inc., 2022 BCSC 137 (Chow), declining to certify a class action lawsuit against Facebook.
Deeth Williams Wall https://www.dww.com/articles/british-columbia-court-declines-to-certify-class-action-lawsuit-against-facebook

Federal Court Of Canada Finds Infringement And Depreciation Of Goodwill Of SASSAFRAZ Trademark Federal Court Of Canada Finds Infringement And Depreciation Of Goodwill Of SASSAFRAZ Trademark

Trademark and Copyright Litigation
February 23, 2022February 23, 20222022-02-23
On February 2, 2022, the Federal Court of Canada (the Court) released its decision in 1196278 Ontario Inc DBA Sassafraz v 815470 Ontario Ltd DBA Sassafras Coastal Kitchen & Bar, 2022 FC 116. In that decision, the Court granted declaratory and injunctive relief, and nominal damages, for trademark infringement and depreciation of goodwill of the registered trademark SASSAFRAZ.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-infringement-and-depreciation-of-goodwill-of-sassafraz

Federal Court of Canada Determines Patent Infringement by Summary Trial Under the PM(NOC) Regulations Federal Court of Canada Determines Patent Infringement by Summary Trial Under the PM(NOC) Regulations

Pharmaceutical Patent Litigation
February 9, 2022February 9, 20222022-02-09
On January 19, 2022, the Federal Court of Canada (Court) in Janssen Inc. v. Pharmascience Inc., 2022 FC 62, found a summary trial proceeding to be appropriate in determining the issue of patent infringement in an action under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). The Court also clarified the parties’ burden on a motion for summary trial.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-determines-patent-infringement-by-summary-trial-under-pmnoc

British Columbia’s Financial Services Regulator Considers Implementing Stronger Measures For Reporting Information Security Incidents British Columbia’s Financial Services Regulator Considers Implementing Stronger Measures For Reporting In...

Cybersecurity
February 9, 2022February 9, 20222022-02-09
On January 17, 2022, the BC Financial Services Authority (BCFSA) issued a Discussion Paper on the reporting obligations for financial institutions with respect to information security (IS) incidents. In the Discussion Paper, BCFSA is considering implementing new mandatory reporting obligations for financial institutions.
Deeth Williams Wall https://www.dww.com/articles/british-columbia%E2%80%99s-financial-services-regulator-considers-implementing-stronger-measures

Government of Canada Introduces Online Streaming Legislation to Support Next Generation of Canadian Content Government of Canada Introduces Online Streaming Legislation to Support Next Generation of Canadian Conte...

Regulatory Law
February 9, 2022February 9, 20222022-02-09
On February 2, 2022, the Government of Canada introduced Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (Bill C-11 or the Online Streaming Act), with the aim to support the next generation of Canadian artists and creators.
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-introduces-online-streaming-legislation-to-support-next-generation-of

Ontario Superior Court Of Justice Deals With Delays In Potential “The Code is Law” Cryptocurrency Case Ontario Superior Court Of Justice Deals With Delays In Potential “The Code is Law” Cryptocurrency Case

Litigation
February 9, 2022February 9, 20222022-02-09
On January 17, 2022, in Cicada 137 LLC v Medjedovic, 2022 ONSC 369, the Ontario Superior Court of Justice (the Court) decided on a procedural issue in relation to a claim by the plaintiff, Cicada 137 LLC (Cicada), that the 19-year old defendant allegedly stole $15 million in cryptocurrency tokens. In the decision, the Court confirmed Cicada’s entitlement to inspect devices seized under an Anton Piller order despite delivery of a notice of motion by the defendant’s parents seeking to set aside the order.
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-deals-delays-potential-%E2%80%9C-code-law%E2%80%9D-cryptocurrency-case

Health Canada Issues Notice Of Consultation On Upcoming Proposed Amendments to the Medical Devices Regulations and the Food and Drug Regulations Health Canada Issues Notice Of Consultation On Upcoming Proposed Amendments to the Medical Devices Regula...

Regulatory Law
February 9, 2022February 9, 20222022-02-09
On January 7, 2022, Health Canada issued a notice of consultation for proposed amendments to the Medical Device Regulations. According to the notice, the proposed amendments will deliver on commitments outlined in the Health and Biosciences Regulatory Review, which focuses on modernizing the existing regulatory frameworks for medical devices and drugs.
Deeth Williams Wall https://www.dww.com/articles/health-canada-issues-notice-of-consultation-on-upcoming-proposed-amendments-to-medical

CRTC Investigation Leads to CASL Penalties and Closing of Dark Web Marketplace CRTC Investigation Leads to CASL Penalties and Closing of Dark Web Marketplace

CASL
February 9, 2022February 9, 20222022-02-09
On January 26, 2022, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that Dark Web marketplace Canadian HeadQuarters (CanadianHQ) was taken offline following the CRTC’s execution of warrants. The CRTC’s Chief Compliance and Enforcement Officer also announced penalties totalling $300,000 to four Canadians for their involvement in CanadianHQ.
Deeth Williams Wall https://www.dww.com/articles/crtc-investigation-leads-to-casl-penalties-and-closing-of-dark-web-marketplace

Federal Court Interprets The Prior Use Defence Under Section 56 Of The Patent Act For The First Time Federal Court Interprets The Prior Use Defence Under Section 56 Of The Patent Act For The First Time

Patent Litigation
January 26, 2022January 26, 20222022-01-26
On January 7, 2022, the Federal Court of Canada (the Court) in Kobold Corporation et al v NCS Multistage Inc, 2021 FC 1437, interpreted the defence of prior use in a patent infringement action for the first time since the 2018 amendments to Section 56 of the Patent Act.
Deeth Williams Wall https://www.dww.com/articles/federal-court-interprets-prior-use-defence-under-section-56-of-patent-act-for-first-time

Federal Court Of Appeal Dismisses Appeal Relating To Copyright Infringement Of Jewellery Designs Federal Court Of Appeal Dismisses Appeal Relating To Copyright Infringement Of Jewellery Designs

Trademark and Copyright Litigation
January 26, 2022January 26, 20222022-01-26
On January 13, 2022, the Federal Court of Appeal of Canada (FCA) issued its decision in Pyrrha Design Inc. v Plum and Posey Inc., 2022 FCA 7, holding that the Federal Court (FC) did not err in its analysis on the issues of originality and infringement of jewellery designs.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-dismisses-appeal-relating-to-copyright-infringement-of-jewellery

Federal Court Dismisses Claim For Passing Off And Trademark Expungement On Summary Trial Federal Court Dismisses Claim For Passing Off And Trademark Expungement On Summary Trial

Trademark and Copyright Litigation
January 26, 2022January 26, 20222022-01-26
On January 10, 2022, the Federal Court of Canada (the Court) in Mainstreet Equity Corp. v Canadian Mortgage Capital Corporation, 2022 FC 20, dismissed an action by Mainstreet Equity Corporation (Mainstreet) for expungement of a registered trademark and passing off.
Deeth Williams Wall https://www.dww.com/articles/federal-court-dismisses-claim-for-passing-off-and-trademark-expungement-on-summary-trial

Ontario Court Declines To Issue Anti-suit Injunction Ontario Court Declines To Issue Anti-suit Injunction

Trademark and Copyright Litigation
January 26, 2022January 26, 20222022-01-26
On December 17, 2021, the Superior Court of Justice in Ontario (the Court) issued its decision in Wiseau Studio LLC v Harper, 2021 ONSC 8324 (Harper), declining to issue an anti-suit injunction.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-declines-to-issue-antisuit-injunction

The Competition Bureau And Health Canada Issue Joint Notice On Continued Collaboration In Pharmaceutical Sector The Competition Bureau And Health Canada Issue Joint Notice On Continued Collaboration In Pharmaceutical ...

Regulatory Law
January 26, 2022January 26, 20222022-01-26
On January 10, 2022, the Canadian Competition Bureau (the Bureau) and Health Canada’s Health Products and Food Branch (the HPFB) issued a joint notice to stakeholders on their continued collaboration to support Canadians’ access to safe, effective, and affordable pharmaceuticals and biologics.
Deeth Williams Wall https://www.dww.com/articles/competition-bureau-and-health-canada-issue-joint-notice-on-continued-collaboration

E-TIPS® Newsletter’s “2021: Year in Review” E-TIPS® Newsletter’s “2021: Year in Review”

Intellectual Property
January 11, 2022January 11, 20222022-01-11
Thank you for your readership over the last year and welcome to what we hope will be a better 2022!  In this year’s first issue of the E-TIPS® Newsletter, we will recap our most noteworthy reports from 2021, covering developments in intellectual property (IP) and information technology (IT) law under the following categories: (1) “Supreme Court of Canada Matters”, (2) “Legislative, Treaty and Policy Developments” (3) “Patents”, (4) “Trademarks”, (5) “Copyright”, (6) “Privacy”, and (7) “Legal Developments in Emerging Technology Around the World”.
Deeth Williams Wall https://www.dww.com/articles/etips%C2%AE-newsletter%E2%80%99s-%E2%80%9C2021-year-review%E2%80%9D

Privacy Commissioner of Canada Releases Annual Report Calling on the Federal Government to Make Privacy Law Reform a Priority Privacy Commissioner of Canada Releases Annual Report Calling on the Federal Government to Make Privacy L...

Privacy
December 22, 2021December 22, 20212021-12-22
On December 9, 2021, the latest annual report (the Report) from the Privacy Commissioner of Canada (the Commissioner) was tabled in Parliament. Among its recommendations, the Commissioner is calling on the Federal Government to adopt rights-based privacy laws that reflect Canada’s values and support responsible innovation.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-releases-annual-report-calling-on-federal-government-to

Clearview AI Ordered to Stop Using Facial Recognition Technology Without Consent in British Columbia, Alberta and Québec Clearview AI Ordered to Stop Using Facial Recognition Technology Without Consent in British Columbia, Alb...

Privacy
December 22, 2021December 22, 20212021-12-22
On December 14, 2021, the BC Information and Privacy Commissioner, the Alberta Information and Privacy Commissioner, and the Québec Commission d’accès à l’information (collectively, the Privacy Commissioners) issued binding orders to Clearview AI to comply with recommendations made earlier this year following a joint investigation with the Office of the Privacy Commissioner of Canada (OPC) into the company’s use of facial recognition technology.
Deeth Williams Wall https://www.dww.com/articles/clearview-ai-ordered-to-stop-using-facial-recognition-technology-without-consent-british

Canadian Ministers Issue Open Letter on Ransomware and Ransomware Playbook Canadian Ministers Issue Open Letter on Ransomware and Ransomware Playbook

Cybersecurity
December 22, 2021December 22, 20212021-12-22
On December 6, 2021, the federal ministers of Defence, Public Safety, Emergency Preparedness and International Trade, Export Promotion, Small Business, and Economic Development (the Ministers) released an open letter to Canadians discussing the rise of ransomware attacks and offering guidance for organizations to curb this trend. Among the resources included in the letter, the Ministers refer to a Ransomware Playbook recently published by the Canadian Centre for Cyber Security (the Cyber Centre).
Deeth Williams Wall https://www.dww.com/articles/canadian-ministers-issue-open-letter-on-ransomware-and-ransomware-playbook

Suddenly…It’s 2019 Suddenly…It’s 2019

Trademarks
December 22, 2021December 22, 20212021-12-22
While the world welcomes 2022, the Canadian Intellectual Property Office (CIPO) is processing trademark applications filed in 2019. However, CIPO appears to have a plan to reduce the significant backlog of Canadian trademark applications awaiting first examination.
Deeth Williams Wall https://www.dww.com/articles/suddenly%E2%80%A6it%E2%80%99s-2019

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

E-TIPS is a registered trade-mark of Deeth Williams Wall LLP.