: This Article traces the intellectual history of copyright law’s fair use doctrine at the Supreme Court from itsfirst encounter with fair use to its landmark decision slightly more than three decades ago in Campbell v. Acuff-Rose Music, Inc. Campbell provided courts with a coherent, user-centered theory for applying the four statutory fair use
: Last week, the Canadian Judicial Council (CJC) released its updated Guidelines for the Use of Artificial Intelligence in Canadian Courts. Credit is due to the CJC for its ongoing thoughtful engagement on this important topic. Similarly, several Quebec courts released their own guidelines on judicial AI use last month. This column looks at one feature that both sets of guidelines have in common: guidance for judges on using AI tools to summarize material filed with the court, including evidence and submissions. This is far from the only aspect of the CJC and Quebec guidelines worthy of discussion, but it is . . . [more] The post Summarize This? appeared first on Slaw
: 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 itsmore comprehensive weekly electronic newsletter, Supreme Advocacy Letter , summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Appeals Constitutional Law/Courts: Review of Delegated Powers Democracy Watch v. Canada (Attorney General), 2026 SCC 28 (41576) Clarifications re courts’ jurisdiction as to legality of delegated power exercise. Civil Litigation: Spoliation of Evidence SS&C Technologies Canada Corp. v. Bank of New York Mellon Corp . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw
: 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 itsmore comprehensive weekly electronic newsletter, Supreme Advocacy Letter , summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Appeals Bankruptcy & Insolvency: Preferential Payments R. v. Cope, 2026 SCC 32 (41431) Protecting Indigenous women victims doesn’t displace Gladue. . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw
: 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 itsmore comprehensive weekly electronic newsletter, Supreme Advocacy Letter , summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Leaves to Appeal Granted Criminal Law: Post-Verdict Sentencing Delay R. v. R.B.-C., 2026 SCC 30 (41677) Clarification re post-verdict sentencing delay. . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw
: 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 itsmore 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 post Summaries Sunday: Supreme One-Liners appeared first on Slaw
: 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 itsmore comprehensive weekly electronic newsletter, Supreme Advocacy Letter , summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Appeals Criminal Law: MV Offences R. v. Moshfeghi Zadeh , 2026 SCC 35 (41996) Clarifications re serious driving offences. . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw
: 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 itsmore comprehensive weekly electronic newsletter, Supreme Advocacy Letter , summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Leaves to Appeal Granted Professions: Mandatory New Lawyer Oath His Majesty the King in Right of Alberta v. Wirring, 2025 ABCA 413 (42224) Constitutionality of new lawyer oath. . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw
: 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 Class Actions Monitor 2. Know How 3. Canadian Appeals Monitor 4. David Whelan 5. Welcome to the Food Court Canadian Class Actions Monitor Submission to Finance Canada as part of its Pre-budget Consultations in Advance of the upcoming 2025 Fall Federal Budget There has been a . . . [more] The post Monday’s Mix appeared first on Slaw
: 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 itsmore comprehensive weekly electronic newsletter, Supreme Advocacy Letter , summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Appeals Criminal Law: Admissibility/Use Re Complainant Sexual Activity R. v. A.M, 2026 SCC 33 (41528) s. 276 screening regime not automatically apply re sexual services/trafficking. Leaves to Appeal Granted Aboriginal Law: Title British Columbia v. Nuchatlaht , 2026 BCCA 137 (42379) Aboriginal title to . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw
: 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 itsmore comprehensive weekly electronic newsletter, Supreme Advocacy Letter , summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Appeals Torts: Causation; Medmal Hemmings v. Padmore , 2026 SCC 34 (41350) Factual causation analysis & remoteness analysis. Leaves to Appeal Granted Aboriginal Law: Status Bocchini Estate v. Canada (Attorney General) , 2026 ONCA 55 (42278) Indian status issues. Civil Litigation: Covid Litigation; Emergencies . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw
: 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 itsmore comprehensive weekly electronic newsletter, Supreme Advocacy Letter , summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Leave to Appeal Granted Bankruptcy: Contempt Lymer v. Jonsson, 2025 ABCA 423 (42227) Civil contempt issues in bankruptcy. Civil Litigation: Contempt; Charter s. 11 (c) Estate of Craig Sutherland, et al. v. Murphy , 2025 ONCA 227 (41818) Civil contempt issues in injunctions and . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw
: 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 itsmore comprehensive weekly electronic newsletter, Supreme Advocacy Letter , summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Leave to Appeal Granted Sentencing: Mandatory Minimums Quebec (Attorney General) v. Denis, 2026 SCC 25 Mandatory minimum of six months for obtaining sexual services from minor is constitutional. Intellectual Property: Patents Pharmascience Inc. v. Janssen Inc ., 2026 SCC 26 (41209) What is/is not . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw
: 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 itsmore comprehensive weekly electronic newsletter, Supreme Advocacy Letter , summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Appeals Real Property: Riparian Rights Zardev Inc. v. Dydzak, 2026 SCC 27 (41291) Clarifications re riparian rights, submerged lots, accessories. Leave to Appeal Granted Administrative Law/Police: Mandamus Royal Canadian Mounted Police External Review Committee, et al. v. Benison, et al ., 2026 FCA 53 . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw
: 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 itsmore comprehensive weekly electronic newsletter, Supreme Advocacy Letter , summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Appeal Criminal Law: Police Misconduct Disclosure Edmonton (Police Service) v. McKee, 2026 SCC 24 (41110) Multiple disclosure issues re prior police misconduct. Leave to Appeal Granted Torts: Future Care Needs; Deductibility of Provincial Payments H.D v. British Columbia (Ministry of Children and Family Development), . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw
: 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 itsmore comprehensive weekly electronic newsletter, Supreme Advocacy Letter , summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Leaves to Appeal Granted Criminal Law: NCR; High Risk G. v. R., 2025 ONCA 873 (42341) High-risk accused designation in NCR context. Criminal Law: Restraint & Management Orders Nest Exchange Limited (formerly known as Nest Services Limited), et al. v. R ., 2025 ONSC . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw
: 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 itsmore comprehensive weekly electronic newsletter, Supreme Advocacy Letter , summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Leaves to Appeal Granted Arbitration: Same-Issue Estoppel; Standard of Review Vancouver School District No. 39 v. Kingsgate Property Ltd., et al., 2026 BCCA 98 (42350) Same-issue estoppel & standard of review in arbitration context. Family Law: Common Law Relationships Tanguay v. Zicat, 2025 QCCA . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw
: The Federal Trade Commission is returning nearly $23 million to consumers nationwide who bought deceptively marketed overseas real estate lots in what the sellers pitched as Sanctuary Belize, a supposed luxury development in southern, coastal Belize, as well as its nearby sister development, Kanantik. The FTC is mailing 1,659 checks to defrauded investors. The average amount of each check for Sanctuary Belize consumers is $16,462 and the average amount of each check for Kanantik consumers is $6,346.39. Today’s announcement represents the second mailing to consumers who invested in the Sanctuary Belize scheme, with approximately $10 million distributed previously . The first round of checks was sent only to consumers who bought property within Sanctuary Belize. Today’s checks are going to both Sanctuary Belize investors, as well as consumers who invested in Kanantik, a related development owned and operated by some of the Sanctuary Belize defendants, and other areas covered by the court relief in this case. [...]
: Brussels, 12 September - During its September plenary meeting, the European Data Protection Board (EDPB) has adopted guidelines on the interplay between the Digital Services Act (DSA) and the General Data Protection Regulation (GDPR) . These are the first set of EDPB guidelines on the interplay between the GDPR and the EU’s recently adopted digital laws. The DSA aims to complement the rules of the GDPR to ensure the highest level of protection of fundamental rights in the digital space. Its main goal is to create a safer online environment in which the fundamental rights of all users, including the right to freedom of expression, are protected. It applies to online intermediary services , such as search engines and platforms. Several provisions included in the DSA entail the processing of personal data by intermediary service providers. The EDPB guidelines contribute to the consistent application of the DSA and of the GDPR, insofar as some provisions of the DSA concern the processing of personal data by inte[...]
: The Federal Trade Commission today moved to block medical device supplier Edwards Lifesciences Corp.’s (Edwards) proposed acquisition of JenaValve Technology, Inc. (JenaValve) due to concerns that the acquisition would limit patient access to lifesaving medical devices used to treat a potentially fatal heart condition. The FTC alleges that over the span of two days in July 2024, Edwards executed agreements to acquire both JenaValve and JC Medical, the two leading companies competing to bring to market transcatheter aortic valve replacement devices that treat a heart condition called aortic regurgitation (TAVR-AR devices). Edwards closed its acquisition of JC Medical in August 2024, and its proposed $945 million acquisition of JenaValve would combine the only two companies with ongoing clinical trials in the United States for a TAVR-AR device. The deal threatens to reduce competition in the TAVR-AR market, likely resulting in reduced innovation, diminished product quality, and potentially increased prices for[...]
: Today, the Federal Trade Commission announced that grocery delivery provider Instacart will pay $60 million in refunds to consumers to settle allegations that the company engaged in numerous unlawful tactics that harmed shoppers and raised the cost of grocery shopping for Americans. Instacart will be required to cease its deceptive practices under a proposed FTC order, and consumers who were charged for Instacart+ without their express informed consent will receive refunds as a result of the settlement. “Instacart misled consumers by advertising free delivery services—and then charging consumers to have groceries delivered—and failing to disclose to consumers that signed up for a free trial that they would be automatically enrolled into its subscription program,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “The FTC is focused on monitoring online delivery services to ensure that competitors are transparently competing on price and delivery terms.” The FTC has alleged that[...]
: From time to time, this blog will highlight initiatives, ideas, or activities coming from members, committees or special interest groups (SIGs). Today: Adapting the SALI Taxonomy to the Canadian Legal Environment , b y Michael McAlpine , Manager, Information, Research & Knowledge at Siskinds (London, Ontario) On September 28 th , the Knowledge Management Special Interest Group of CALL met to discuss and learn about the Legal Matter Specification Standard developed by the SALI Alliance . The SALI Alliance (Standards Advancement for the Legal Industry) is a non-profit organization open to all stakeholders in the legal community. Members include law firms, companies, legal service providers, legal industry associations and academic institutions. Founding sponsors are the Legal Marketing Association (LMA) and the Association of Legal Administrators (ALA). Guest speaker Jim Hannigan spoke about the history of the taxonomy and the current uses of it in the legal industry. Michael McAlpine then discussed the work d[...]
: KEY TAKEAWAYS Social policies, such as support for small businesses, and a shorter working week without a loss of pay helped president Lula to turn around Brazil’s election. Street protests and social media strengthened Lula’s campaign amid allegations of election interference by Meta favouring Flávio Bolsonaro. Major challenges lie ahead as Lula faces a right-leaning Congress, opposition from the Bolsonaro movement and pressure from the Trump administration. Luiz Inácio Lula da Silva won Brazil’s presidential election with 51.79% of valid votes, unexpectedly reversing the first-round result won by Flávio Bolsonaro, a first in Brazilian presidential elections. Between the two rounds, he gained about 10.4 million additional votes. Defeated, right-wing challenger Flávio Bolsonaro announced that he would ask for the election to be annulled. The next day, his party, the Liberal Party (PL), acknowledged the result. Brazil’s nonalignment sounds a warning to the global far right Beyond halting the advance of Donald[...]
: New data from the Federal Trade Commission reveal that people reported losing a staggering $3.5 billion to imposter scams in 2025, with reported losses increasing nearly three times since 2020. FTC data also show that people reported imposter scams more than any other fraud category in 2025—nearly one in three fraud reports were about imposter scams. These scams lured consumers through text, phone, email, social media, search engine results and other means. Some of the costliest impersonation scams start with a fake security alert, often from a bank. People are convinced to move money to “protect” it, with their losses often limited only by their available funds. Last year, people reported losing nearly $1 billion to business impersonators with the highest reported losses to bank impersonators—and about $920 million to government impersonators, up from $866 million and $789 million respectively in 2024. The FTC has seen a striking increase in reported fraud losses to all types of fraud—about $16 billion was [...]