Intellectual Property
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October 16, 2025
Swapna Prakash new associate at Gilbert’s LLP
Swapna Prakash is a new associate at Gilbert’s LLP, where she will support the litigation team.
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October 15, 2025
Federal Court overturns TMOB ruling for narrowing confusion test to past use
The Federal Court has set aside the Trademarks Opposition Board’s (TMOB) dismissal of a trademark opposition, ruling that the board erred by limiting its confusion analysis to the opponent’s actual use of its mark rather than the full scope of its registration.
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October 14, 2025
AI in criminal law practice: Risks, realities, and practical applications
AI has made a lot of news in the past few years. It can generate music, do homework and even be your girlfriend. Law hasn’t been immune to the AI craze, either. However, there have been challenges in successfully integrating AI into law practices.
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October 14, 2025
Privacy regulators discuss AI, cybersecurity and data risks in annual meeting
Federal, provincial and territorial information and privacy commissioners, along with ombudspersons responsible for access and privacy laws, concluded their two-day meeting in Banff focusing on emerging issues including cybersecurity risks, protection of children online and the use of AI in tribunals, the legal practice and health care.
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October 10, 2025
SCC clarifies when Quebec 10-year ‘extinctive prescription’ period reboots for collecting on judgments
The Supreme Court of Canada ruled 9-0 in a Quebec appeal that filing and serving a notice to seize property counts as a judicial application interrupting the 10-year deadline to collect payment on a judgment — thereby restarting for a further 10 years the “extinctive prescription” period (comparable to a limitation period in the common law provinces) that applies to rights resulting from most money judgments under art. 2924 of the Civil Code of Québec.
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October 08, 2025
Fraser calls provinces’ demand to scrap Ottawa’s SCC arguments on notwithstanding clause ‘untenable’
Attorney General of Canada Sean Fraser has pushed back against the demands of five premiers that Ottawa should drop its novel arguments at the Supreme Court that there are substantive constraints on governments’ powers to invoke the Charter’s s. 33 “notwithstanding” clause — arguments that those five provinces contend “represent a complete disavowal of the constitutional bargain that brought the Charter into being” in 1982.
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October 08, 2025
R. v. Chand: A cautionary tale of generative AI and judicial intervention
This is the third article in a series building on my earlier discussion of AI hallucinations in the legal context and their prevalence.
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October 07, 2025
Attorney General Sean Fraser tells SCC the law needs to protect people with ‘no voice’
There was a celebratory mood at the opening ceremony for the Supreme Court of Canada’s 2025-26 court year, but Minister of Justice and Attorney General of Canada Sean Fraser and other legal leaders delivered a sober message to the Ottawa courtroom packed with lawyers and judges.
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October 07, 2025
Prevalence of AI hallucinations in the legal context
When it comes to legal research and the use of generative AI, the amount of false information being generated is alarming. However, the data varies depending on the study, the AI tools analyzed and how AI hallucinations manifest.
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October 07, 2025
Lawyer ordered to pay costs for non-disclosure of gen AI use and citing fake precedents in court
In a cautionary case for litigation lawyers who use generative artificial intelligence (AI) for court submissions, a Federal Court associate judge recently hit an immigration lawyer with personal costs for submitting two defective AI-generated precedents and for breaching the Federal Court’s requirement to disclose any generative AI use in court filings.