Commentary

In a landmark decision, the Federal Court of Appeal overturned a lower court decision involving Facebook’s (now known as Meta) breach of the Personal Information Protection and Electronic Documents Act (PIPEDA).

The federal government may be risking a repeat of the Online News Act debacle by playing chicken with online streaming platforms over payments to Canadian cultural funds.

For now, lawyers who use ChatGPT to save time must be comfortable with a certain amount of cut corners: the chatbot sprinkles inaccuracies in otherwise excellent answers and convincingly pretends to know about cases it has never heard of—these mistakes are too insidious to catch the eye of those in a hurry.

Canadian copyright cases often make reference to balancing protection of and access to copyrighted works, or to balancing the rights of creators against users or the public interest. However, these simple categories of creators and users ignore the variety within each of these categories...

The Online News Act aimed to help calm the financial seas for Canadian news organizations, but a year later the waters remain choppy with infighting, financial woes, and disappointment.

It's time to rethink two of the business exceptions to PIPEDA’s consent requirements: the consent exceptions for prospective and completed business transactions.

Virtual reality headsets may be the next frontier in immersive entertainment, but the cutting-edge technology could also be the next frontier of privacy issues with a new way to secretly record people.

Fashion law is a small field in Canada. Few have written academically on the topic; even fewer practice fashion law daily. However, fashion overlaps well-established areas of law including intellectual property, brand and enterprise management, labour and human resources, competition, commercial law, consumer law, environmental law, and now, the regulation of Internet and artificial intelligence (AI).

March 4, 2024, will mark a significant milestone in Canadian copyright law: the 20th anniversary of the Supreme Court of Canada's unanimous decision in CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13.

Courts have tried to keep the idea-expression distinction clear despite criticism as to the concept’s usefulness. Artificial intelligence (AI) has now brought a new layer to this debate.