As Chair of the CBA Intellectual Property Section, I am delighted to invite you to mark your calendars for CBA IP Day and the Federal Court Judges’ Dinner on May 28, 2026, in Ottawa. This annual event is a unique opportunity for members of the bench and bar to connect, share insights, and celebrate the achievements of those who have shaped our profession.
This year’s program promises an engaging and thought-provoking day. We will kick off with the Mentoring and Networking Breakfast. The day will also feature the Federal Court Town Hall and professional development sessions on the intersection of AI and copyright law, a candid examination of EDI initiatives and their future direction, and a creative moot court exercise tackling patentable subject matter.We will take time to honour the legacy of our two recently departed colleagues, Peter Wilcox and Sheldon Hamilton, with a special luncheon session reflecting on professionalism, ethics, and finding joy in the practice of IP. The day will close with networking receptions, including a dedicated Junior Bar Networking Reception, before we gather for the Judges’ Dinner.
This year, we are honoured to recognize two outstanding leaders: The Honourable Chief Justice Paul Crampton and Don MacOdrum.
Chief Justice Crampton’s distinguished tenure at the Federal Court has left an indelible mark on IP jurisprudence in Canada.
Don MacOdrum’s contributions to our bar need no introduction. Please join us in celebrating their remarkable careers and lasting impact on the IP community.
Registration is now open for both CBA IP Day and the Federal Court Judges’ Dinner. I encourage you to secure your spot early, as this event fills up quickly!
Section Highlights
Our committees continue to drive meaningful work on behalf of the IP bar. I want to highlight the excellent contributions of the Court Practice Committee, which has been actively engaged in advocacy on procedural matters affecting IP practitioners. Most recently, the Committee prepared thoughtful commentary on the Federal Court’s Summary Judgment and Summary Trial Guidelines. Visit our website for the full submission on the guidelines.
This kind of work exemplifies what makes our Section so valuable. If you’re interested in getting involved any of our other committees, please visit our committee website or reach out directly. Committee membership is open year-round and new perspectives are always welcome.
Law Student Essay Contest
The CBA Intellectual Property Section Law Student Essay Contest is an excellent opportunity for aspiring IP practitioners to showcase their research and writing skills. The contest invites submissions on timely IP topics and offers both recognition and a platform for emerging voices in our field. Please help us spread the word, full details and submission guidelines can be found on our website.
Quarterly IP Round up articles
Case Summary: Hearing for alleged acts of contempt relating to disclosure of confidential information ordered
Mediatube Corp. v. Bell Canada, 2025 CanLII 116181 (FC)
Contempt fine of $1K for breaching confidentiality obligations
Planet Fitness Inc v Planet Fitness Franchising LLC (PFIP, LLC), 2025 FC 1713
Pre-trial motions – High-bar to strike expert reports, low bar to amend pleadings
7299362 Canada Inc (Alexa Translations) v Amazon.com Inc, 2025 FC 1674
Case Summary: Motion to Stay Discovery Process Until Posting of Security for Costs Dismissed as “Delay Tactic”
Unilin Beheer B.V. v 6035558 Canada Inc., 2025 FC 1949
Case Summary: Federal Court Strikes Statement of Claim
Between Toyota Jidosha Kabushiki Kaisha Trading As Toyota Motor Corporation and Toyota Canada Inc. v. Marrand Auto Inc., 2025 CanLII 114198 (FC)
To Amend or Not to Amend? Factors for Granting Leave to Amend a Notice of Application
Enercon GmbH v. Blue Nordic GmbH, 2025 CanLII 104256 (FC).
Case summary: Federal Court confirms no leave is required to file new evidence in section 56 appeals commenced prior to April 1, 2025
Big Duck Games, LLC v. X-Flow Ltd., 2025 FC 1704
Case summary: Court Limits Expert Evidence in Trademark Infringement Proceeding
Toronto-Dominion Bank v. Dyas (TD Benefits), 2025 FC 1657
Case Summary: Federal Court of Appeal Confirms that Patients Are Relevant Notional Consumers of Prescription Pharmaceuticals for Confusion Analysis
Samsung Bioepis Co, Ltd. v. Novartis AG, 2025 FCA 212
Case Summary: Parties Are Required to Substantiate their Claimed Costs and Disbursements with Submissions and Documentary Evidence
Seismotech IP Holdings Inc. v Ecobee Technologies ULC, 2025 FCA 196
Case Summary: Federal Court Strikes Statement of Claim
Between Toyota Jidosha Kabushiki Kaisha Trading As Toyota Motor Corporation and Toyota Canada Inc. v. Marrand Auto Inc., 2025 CanLII 114198 (FC)
Case Summary: Federal Court Confirms Limits on Copyright Discovery in University of Toronto Action
Governing Council of the University of Toronto v. Easy Group Inc. (Easy Education), 2025 FC 1728 (CanLII)
Case summary: Requirements for a Norwich Order identifying online users
Hellboy Productions, Inc. v. DOE #1, 2025 FC 1766
Case summary: Default judgment for copyright infringement
Matsumoto v. Canuck Eats Inc., 2025 FC 2017
Federal Court Addresses Channel of Trade in Confusion Analysis
Yat Sun Food Products Ltd. v. Griffith Foods International Inc., 2025 FC 1688
Cannot Avoid Patent Infringement by Subcontracting Out a Portion of the Infringing Act
Adeia Guides Inc. v. Videotron Ltd., 2025 FC 1725
Confusion at the grocery stores: Ex-parte application for an injunction granted in trademark infringement case
Fruiticana Produce Ltd. v. Fruitocana Inc., 2025 FC 1990 (CanLII)
Case Summary: Federal Court of Appeal clarifies principles governing elevated costs awards in intellectual property appeals
AGI Suretrack, LLC v. Farmers Edge Inc., 2025 FCA 214
Case summary: Federal Court of Appeal defers to Copyright Board’s “considerable leeway”
Re: Sound v. Pandora Media, LLC, 2025 FCA 201
Judicial Review of Decision Refusing Patent Application
Barry Dusome and Wyatt Dusome v Attorney General of Canada, 2025 FC 1809
Appeal Relating to Construction, Double Patenting and Quantum of Costs Allowed
NCS Multistage Inc. v Kobold Corporation, 2025 FCA 187
Any oil isn’t the right oil: Trademark infringement, passing off and depreciation of goodwill attracts a permanent injunction, personal liability and damages
Exxon Mobil Corporation v Mobile Plus Lubricant Inc and Taqmeer Hummad, 2025 FC 1987 (CanLII)
Case summary: Federal Court Clarifies Requirements for Passing Off Claims Based on Unregistered Trademarks
Schlegel Health Care Inc. v. Edgewood Health Network Inc., 2025 FC 1639
I hope to see many of you in Ottawa in May. Here’s to a productive spring season!
Sincerely,
Charlotte McDonald
Chair of the Intellectual Property Law Section