A perpetual question from clients is whether a new development should be protected by filing a patent application or kept as a trade secret?

Patents are granted by national patent offices for new, useful and not obvious inventions. Patents require a full and public description of the idea and the details needed by a skilled person to put that idea into practice. For example, Section 27(3)(c) of the Patent Act requires that for machines, the patent “explain the principle of the machine and the best mode in which the inventor has contemplated the application of that principle”.

This quid pro . . . [more]

The new federal omnibus bill on the economy – Bill C-39, the Building Canada Strong Act – contains in Part 2 (“Keep Canada Moving”) Division 8, the Enabling Digital Trade Act.

This text implements for international trade in Canada the UNCITRAL Model Law on Electronic Transferable Records (MLETR). It allows, though does not require, the use of electronic versions of transferable records. Transferable records transfer title to the goods or sums mentioned in them by the transfer of the records themselves. Bills of lading are a common example, promissory notes another.

The provisions are a pretty straighforward reproduction of MLETR. . . . [more]

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

How to Succeed (and Stay Human) in Law School: Pathways to Happiness and High Performance in the Study and Practice of Law. By Lynda Collins. Toronto: Emond, 2025. 160 p. Includes appendices and selected resources. ISBN 9781774625590 (softcover) $31.00; ISBN 9781774625606 (eBook) $31.00.

Reviewed by Katarina Daniels
Research Lawyer, Library Services . . . [more]

This is the final article in my series on RECLAIM, a cultural operating system for law firms. Having worked through Respect, Equity, Clarity, Learning, Autonomy and Inclusion, I finish with M for Meaning. You can find the full list of articles here.

I began this series in January 2026, in response to what I was reading about culture, and to hearing about law firms exploring culture at long last as an important part of their operations.

In strategic planning work with Carina Bittel, we have come to understand the relationship of culture to legal business this way: Strategy . . . [more]

One of the recurring themes of this column has been the extent to which the governance of artificial intelligence in Canada is increasingly being shaped by institutions outside the country while regulatory action within the country is largely stalled. Anthropic’s recent announcement that future versions of Claude will place an invisible watermark in generated text offers the most recent example of this phenomenon. A transparency requirement enacted in the European Union will alter the operation of Claude globally and may therefore leave a detectable signal in legal work prepared in Canada, including work produced through specialized legal-focused AI platforms that . . . [more]

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Canadian Combat Sports Law Blog 2. PierreRoy & Associés 3. Canadian occupational health & safety law 4. Legal Feeds 5. ABlawg.ca

Canadian Combat Sports Law Blog
Study – Brain Damage in Strikers vs Grapplers

A recent study conducted neuropsychological testing on a group of strikers and grapplers. . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

FAILLITE ET INSOLVABILITÉ : La créancière hypothécaire est autorisée à poursuivre l’exécution du jugement ayant autorisé la vente sous contrôle de justice d’un immeuble, principal actif de la débitrice, qui a été rendu avant que celle-ci ne dépose son avis d’intention; exerçant le pouvoir discrétionnaire que lui reconnaît l’article 69.4 . . . [more]

As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter, summarizing all Appeals, Oral Judgments and Leaves to Appeal granted.

Appeals

Elections: Irregularities
Sinclair-Desgagné v. Canada (Chief Electoral Officer), 2026 SCC 31  (42076)

Federal election irregularities; annulment. . . . [more]

The Society for Children and Youth of BC (SCYBC) recently published a series of research papers on child capacity in the context of children’s participation rights [Note 1]. The papers examine capacity generally and in four specific contexts: health care, mental health, family law, and child welfare and adoption.

Why does this matter? Traditionally, we have tended to assume that a child must first demonstrate sufficient “capacity” before being permitted to meaningfully participate in decisions affecting their life. And capacity has often been assessed primarily through the lens of cognitive ability.

The SCYBC reports challenge both assumptions.

I found them . . . [more]

December 30, 2022 was a momentous day in Canada’s copyright history, although it may not have been on the radar of the majority of the Canadian public. That is the date that the term of copyright protection in Canada changed to align with that of the United States, a requirement of the Canada-US-Mexico (CUSMA) trade agreement that came into force on July 1, 2020. Previously, Canada had the shortest copyright term of the three North American countries: the life of the author plus an additional 50 years. The CUSMA agreement forced the extension of that term to life plus 70 . . . [more]

“The Access to Legal Services Boulder Was Never the Point”

BC Day 2025 Origins

Like many things Amici Curiae Friends of Court (AC) does, it starts with my waking up one morning and thinking to myself, hmmm, I think we could do better improving the services we provide British Columbians. BC Day 2025 was no different.

For many of us who are working in the access to justice ecosystem, solving these complex issues can feel Sisyphean. Sisyphus was a legendary king who was condemned by Zeus and the gods eternally for his cleverness, to repeatedly roll a heavy rock up . . . [more]

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Double Aspect 2. Civil Resolution Tribunal blog 3. David Whelan 4. Know How 5. The Court

Double Aspect
How Power Corrupts VI

In years past, I had an occasional series of posts going to address the various meanings and implications of “Lord Acton’s Dictum” — power tends . . . [more]