How Agentic Prior Art Searches Have Changed Patent Practice
“What stands out about agentic technology is the extent to which it has allowed penetration of a system that has so frequently seemed impenetrable.” — David Hughes It’s no surprise, perhaps, that the advent of AI-driven agentic prior art searches marks a turning point in patent law practice. How, after all, were mere humans going to […]
Fair Dealing: The Australian Context
“The fair dealing exception in Australia is limited to the purpose-based exceptions listed in the Copyright Act. If a use doesn’t fall within a listed purpose, fair dealing simply does not apply, regardless of fairness.” — Katrina Crooks By Julius Melnitzer | May 8, 2026 Australia’s iteration of the “fair use” doctrine — called “fair dealing”— […]
The AI Copyright Conundrum: Memorising or Learning?
“Copyright protects reproductions, so from a legal perspective, the way you assess memorisation is by looking at the output.” – Vincent Bergeron By Julius Melnitzer | March 4, 2026 The immediate and growing controversy over whether artificial intelligence (AI) “learns” or “memorises” is raising a foundational challenge to copyright law. What’s ignited the controversy are recent […]
Ex-partners in rhyme: Old MacDonald gets divorced
By Marcel Strigberger | February 17, 2026 We all know Olde MacDonald had a farm. And we all know that on his farm he had an assortment of animals, including chickens, pigs, and ducks. But unfortunately, Olde MacDonald did not have a happy marriage. His spouse, Edna, actually instituted a divorce action against him. I […]
Top 10 business decisions of 2025, part one
Bedrin-Alexander: ISTOCKPHOTO.COM By Julius Melnitzer | February 1, 2026 Here is my annual list of the top 10 business decisions in Canada for the year just ended. This two-part series begins with the cases ranked sixth through tenth, in ascending order. Part two will cover the top five cases. Top 10 business decisions of 2025, […]
How to take the (second) guesswork out of lawyering
By Marcel Strigberger | December 4, 2025 Hey, Your Honour, I can see what’s under your wig. Actually, this talent is not that farfetched. AI is getting us there. I’ve recently heard about apps that transform curated collections of judicial orders, thereby giving lawyers an idea of how judges rule in different scenarios. Are the […]
Whose Client is it Anyway?
Photo by Ogo Johnson: at Pexels By Murray Gottheil | December 3, 2025 The people who make the most money in law firms are not necessarily the smartest lawyers, or the most strategic lawyers, or even the highest-billing lawyers. It’s the lawyers who bring in clients who rake in the largest slice of the profit pie. […]
The Road Less Travelled
Yesterday, I took a walk in the woods on a road abandoned long ago. It reminded me of the journey we take in life. Sometimes the road is clear, and other times we must look a little harder for the right road. Its outline may be there, but we might have to climb over a […]
Employee’s termination following mental-health leave not discriminatory: tribunal
By Julius Melnitzer | September 8, 2025 The Human Rights Tribunal of Alberta has ruled that termination of employment on the day an employee returns from a year-long mental-health leave doesn’t, in and of itself, support a discrimination complaint. “In this case, the employer had valid grounds for termination before the medical leave started, and […]
BARE BONES BRIEFS: Insurers hit hard: OCA upholds $300K costs award for $16K judgment | Law Firm Marketers: Forget SEO – “Authority” is what matters in the AI era
By Julius Melnitzer | August 31, 2025 INSURER PUNISHED FOR “HARDBALL” APPROACH The Ontario Court of Appeal has awarded $300,000 in partial indemnity costs to a claimant who recovered only $16,000 by way of a jury award in a motor vehicle accident proceeding in which she had sought over $1 million. In doing so, the […]