Articles 2024

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Today

Is Bill 109 – More Homes for Everyone, 2022 – BANANA(s)?

  • May 10, 2022
  • Robert Miller and Grace O’Brien, Davies Howe LLP

On April 14, 2022, Bill 109, the More Homes for Everyone Act, 2022, received royal assent, just two weeks after it was introduced by the provincial government on March 30, 2022. Bill 109 proposed several amendments to existing legislation, including the Planning Act, the Development Charges Act, 1997, the City of Toronto Act, 2006, the New Home Construction Licensing Act, 2017 and the Ontario New Home Warranties Plan Act.

Municipal Law, Student Forum
Photo of Osgoode Hall

To Sue or Not to Sue for Defamation: How Are Internet Libel Actions Different from Offline Libel Actions? (Part 1)

  • May 07, 2022
  • David Potts

There is still very little recognition among many lawyers of the differences between internet defamation proceedings and offline defamation proceedings, and even less recognition of the practical consequences of the two forms of defamation proceedings. The next article will summarize the major differences between online and offline libel litigation and their consequences. Here, I will simply sketch some of the important characteristics of the internet.

Student Forum, Young Lawyers' Division
head-shot photo of author Matilda Lici

‘Got a Secret, Can You Keep It?’ Developments in the Tort of Public Disclosure of Private Facts

  • May 07, 2022
  • Matilda Lici

In 2016, the Ontario Superior Court of Justice recognized, for the first time, the tort of public disclosure of private facts in response to the proliferation of “revenge porn” disseminated online. Since then, subsequent courts across the country have provided further guidance on the nuances of the tort and what types of privacy infringements it is intended to redress.

Student Forum, Young Lawyers' Division
Head-shot photo of author Alessia Monastero

Cult Gaia Refused US Trademark Registration of its “Gaia’s Ark” Handbag Design, due to Genericness and Non-distinctiveness Issues

  • May 07, 2022
  • Alessia Monastero, associate & trademark agent, Bhole IP Law

Dubbed as the Instagram “it” bag in 2016, Cult Gaia’s “Ark” bag design was recently refused trademark registration in the United States following the brand’s five-year battle to obtain registration for the design of its bag.

Student Forum, Information Technology and Intellectual Property Law
head-shot photo of author Kaitlin Soye

Digging into the 2022 Federal Budget: Intellectual Property Issues

  • May 07, 2022
  • Kaitlin Soye, Lenczner Slaght LLP

The 2022 Federal Budget was recently tabled in Ottawa on April 7, 2022. The budget focuses on a diverse range of initiatives, including several intellectual property related matters. Among the given topics, the budget looks at tax incentives to encourage innovation in Canadian businesses and legislative amendments to both the Copyright Act and the College of Patent Agents and Trademark Agents Act.

Student Forum, Information Technology and Intellectual Property Law
Headshot photo of author Pankhuri Malik,

Insights from the Global Online Thesis Topic Meetings (GOTTMs), Leiden University

  • May 07, 2022
  • Pankhuri Malik, LLM student at Osgoode Hall School of Law and IPilogue writer

Non-fungible tokens (NFTs) continue to be a major topic in the current technology law landscape. Even today, there is continued debate on how best to utilize NFTs to achieve the most benefit for oneself. This discussion has continued with experts, Richard Lehv, Alexandra Giannopoulou, and Andres Guadamuz, who spoke about the different aspects of NFTs at their presentations for the Global Online Thesis Topic Meetings (“GOTTMs”) on April 5, 2022.

Student Forum, Information Technology and Intellectual Property Law

Ontario Estates Bench-Bar Liaison Committee Meeting Minutes - January 31, 2022

  • May 07, 2022
  • Ontario Estates Bench-Bar Liaison Committee

A new bench-bar committee has been established at the request of the Superior Court of Justice’s Regional Senior Judges Council. The Ontario Estates Bench-Bar Liaison Committee had its first meeting in January 2022. At the January meeting, the Committee discussed several topics, including Estates List model orders, tracking decisions made pursuant to recent changes to the Succession Law Reform Act, and clarification regarding scheduling and court bookings for the Toronto Estates Office.

Student Forum, Trusts and Estates Law

Brave New (Meta) World: Nike files virtual trademarks: implications for Canadian trademark law

  • May 07, 2022
  • Wendes Keung, associate, Torys LLP; Andrew M. Shaughnessy, partner, Torys LLP

On the heels of Mark Zuckerberg announcing the rebranding of Facebook to “Meta”, along with his plans for creating a virtual reality metaverse, Nike garnered significant media attention when it was reported that it filed seven trademark applications for use on “virtual goods”. These filings include the notable Nike “swoosh” logo and the words “Nike”, “Just Do It”, “Jordan”, and “Air Jordan”.

Student Forum, Information Technology and Intellectual Property Law

Could AI Be Held Liable for Moral Rights Infringement?

  • May 07, 2022
  • Maggie Vourakes

The rapid development of artificial intelligence on intellectual property policy is an issue that more countries around their world are turning their focus towards. Canada is no exception. In 2021, the Government of Canada launched a Consultation on Modern Copyright Framework for Artificial Intelligence and the Internet of Things to assess whether Canada’s existing copyright framework is keeping pace with the rapid developments in artificial intelligence and the Internet of Things.

Student Forum, Information Technology and Intellectual Property Law