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Continue reading →: AI, Power, and the Strategic Value of Restraint
The global contest over artificial intelligence is often framed as a regulatory problem, but it is better understood as a contest over economic gravity, capital allocation, and institutional confidence, in which law functions less as a moral compass than as a force multiplier or a drag coefficient depending on how…
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Continue reading →: Consent as the Legal Boundary for AI Training Under PIPEDA
AI vendors often claim that using customer data to “improve” or “train” their systems is standard practice, even inevitable. Under PIPEDA, that assumption does not hold. PIPEDA is built on a simple premise: that organizations may only collect, use, or disclose personal information for purposes that a reasonable person would…
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Continue reading →: When Suspicion Isn’t Enough: Lessons from Arc Compute v. Allen, 2025 ONSC 1745
In Arc Compute v. Anton Allen, Michael Buchel et al., the Ontario Superior Court was asked to intervene in a dispute familiar to the technology sector: a company accused former insiders of walking away with confidential information and using it to launch a competing venture. Arc argued that key business…
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Continue reading →: What Counts as a “Material Change”? The Supreme Court Clarifies in Lundin Mining v. Markowich, 2025 SCC 39
The Supreme Court’s decision in Lundin Mining v. Markowich gives much-needed clarity on when public companies must immediately tell investors about major developments. The Court explained that an event only triggers this quick disclosure duty if it actually changes the company’s business, operations, or financial structure. In other words, the…
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Continue reading →: Real and Substantial: Ontario Court Affirms Jurisdiction over OpenAI
In Toronto Star Newspapers Limited v. OpenAI Inc., the Ontario Superior Court issued a jurisdiction decision that quietly sets up one of Canada’s most important AI–copyright cases. The Toronto Star and other media organizations allege that OpenAI copied and used their articles without permission to train its models. OpenAI attempted…
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Continue reading →: The Clause Every AI Contract Turns On: Data-Use and Liability
As organizations increasingly procure AI systems, from content generators to analytics engines to customer-facing tools, the most important part of the contract is not the pricing table or the service levels. It is the Data-Use and Liability Clause. The quiet centerpiece that determines who controls the information flowing into the…
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Continue reading →: When Machines Speak for Institutions: Revisiting Moffatt v. Air Canada in the Age of Agentic AI
One year after Moffatt v. Air Canada, 2024 BCCRT 149, the decision looks less like a narrow consumer dispute and more like an early marker of how Canadian law will treat agentic AI. The Tribunal’s conclusion that Air Canada was fully responsible for its chatbot’s assurances aligns with today’s reality…
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Continue reading →: Agentic AI in Finance: Navigating Legal Challenges in Canada and the EU
IntroductionFinancial institutions are increasingly experimenting with agentic AI, autonomous artificial intelligence agents that can make decisions and take independent actions much like a human representative. Unlike traditional software or even generative AI , agentic AI systems can plan tasks and execute transactions or other operations with minimal human intervention. In…
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Continue reading →: AI in the Courtroom: A Warning from Quebec’s Superior Court
The recent Quebec decision Specter Aviation Limited v. Laprade marks a watershed moment: for the first time in Québec, a litigant has been sanctioned for submitting pleadings tainted by “hallucinated” legal authorities generated by artificial intelligence. What happened The defendant, a 74-year-old self-represented litigant, used generative AI tools to draft…
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Continue reading →: The Choi Decisions and a Warning for Self-Represented Litigants
Artificial intelligence has begun reshaping how lawyers, companies, and even individuals prepare legal documents. But two recent Canadian decisions one from the Canada Industrial Relations Board (CIRB) and another from the Federal Court show that using AI tools without verification can have serious consequences. The First Warning: Choi (Re) (CIRB, July 2024)…
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Continue reading →: Compliance Agreements Under Canada’s Privacy Law
Section 17.1 of PIPEDA allows the Privacy Commissioner of Canada to resolve certain privacy-law issues through a compliance agreement instead of proceeding directly to court. This tool encourages cooperation and faster remediation of privacy problems within organizations. What Is a Compliance Agreement? A compliance agreement is a formal written commitment…
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Continue reading →: New York’s First-in-the-Nation Law for AI Companions: What It Means
Governor Hochul has announced that New York State has put into effect a landmark law regulating “AI companion” systems, apps or bots designed to simulate human-like relationships with users. What the law covers The law is part of the FY26 budget and is codified under General Business Law Article 47. …
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Continue reading →: Algorithmic Pricing in Canada’s Rental Market
In an era where artificial-intelligence and algorithmic tools are reinventing business models, the Canadian regulator has delivered a timely reminder: innovation does not exempt you from competition law. On 10 November 2025, the Competition Bureau concluded its civil investigation into the use of algorithmic pricing software in Canada’s multi-family rental…
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Continue reading →: Franchising in Ontario: What every franchisor and franchisee should know
Franchising lets a brand (the franchisor) license its system, IP, and know-how to an operator (the franchisee) for fees and ongoing royalties. In Ontario, the relationship is overlaid by the Arthur Wishart Act (Franchise Disclosure), 2000 (the “AWA”) and its General Regulation, O. Reg. 581/00. These rules are designed to…
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Continue reading →: Ontario Raises Small Claims Court Limit to $50,000
As of October 1, 2025, the monetary limit for claims brought before the Ontario Small Claims Court will increase from $35,000 to $50,000. In addition, the appeal threshold — the minimum amount required to appeal a Small Claims Court decision to the Divisional Court — will rise from $3,500 to…
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Continue reading →: M&A in Canada: Deal Structure, Risk, and the New Priorities
In Canadian mergers and acquisitions, success depends less on closing speed and more on how the deal is structured, de-risked, and aligned with the new realities of technology and ESG. Below are three areas where strategy and legal precision make the biggest difference. Structuring the Deal: Share vs Asset Purchases…
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Continue reading →: Privacy Commissioner Backs Bill S-209, Calls for Strong Privacy Protections in Age-Assurance Rules
On October 2 2025, Privacy Commissioner of Canada Philippe Dufresne appeared before the Standing Senate Committee on Legal and Constitutional Affairs to discuss Bill S-209, An Act to restrict young persons’ online access to pornographic material (Office of the Privacy Commissioner of Canada [“OPC”], 2025-10-02). Commissioner Dufresne expressed full support…
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Continue reading →: Bill C-8 and the Critical Cyber Systems Protection Act: Canada’s New Cybersecurity Playbook
Status (October 2025): Bill C-8 has passed Second Reading in the House of Commons and now sits before committee. It combines two parts: amendments to the Telecommunications Act and a new law called the Critical Cyber Systems Protection Act (CCSPA). Together, they aim to bring Canada’s approach to critical-infrastructure cybersecurity in line with other…
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Continue reading →: Québec’s October 5 Revolution: A New Era for Consumers and the Right to Repair
Québec’s October 5: The Dawn of the “Warranty of Availability” and the Right to Repair Era Big changes are coming to Québec on October 5, 2025 — and they’re all about giving consumers more power, making products last longer, and fighting against planned obsolescence. Starting this fall, new rules will make it…
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Continue reading →: Payments Canada System Access Consultation (February 4 – March 6, 2025)
Payments Canada is consulting on policy proposals to expand access to its systems for PSPs registered under the RPAA, credit union locals, and designated clearing houses. Proposed changes include requiring PSPs to provide evidence of RPAA registration when applying for membership and allowing non-member PSPs to participate in certain payment…
