Articles 2023

This article explores the ethical issues in getting consent and assessing capacity for elderly individuals with cognitive impairments. As the global population gets older, it is crucial, now more than ever, to protect their independence in legal decisions-making. Lawyers can employ strategies such as effective communication, advocating for advance directives, facilitating choice processes, and upholding ethical principles.

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.

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.

Back in 2016, Kim Whaley was featured in an OBA article doing exercises and stretches to offset being stuck at a desk for long hours. Kim offered up sensible ways of finding the time to stay fit. The exercises were accessible for everyone who could sit, stand and breathe. This follow-up is more involved, with the intention to create real change for your spine which will improve your posture and your desk performance.

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.

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

Bifurcation is a rarely utilized but effective procedural tool commonly used to sever a trial into two separate phases: liability and damages.