The OpenAI Copyright Lawsuit: Could It Backfire on Canadian Media?

By: Ismine Osman

Matter Commented On: Canadian News Media Companies v OpenAI, Statement of Claim

PDF Version: The OpenAI Copyright Lawsuit: Could it Backfire on Canadian Media?

Introduction: A Legal Paradox for Canadian Media

In November 2024, a group of Canada’s largest news media companies (Plaintiffs), including the Toronto Star, Metroland Media Group, Postmedia, The Globe and Mail, The Canadian Press, and CBC/Radio-Canada, filed a lawsuit against OpenAI (Canadian News Media Companies v OpenAI, Statement of Claim (28 November 2024) (Statement of Claim)). They allege that OpenAI scraped and copied content without consent to train its artificial intelligence (AI) models (Statement of Claim at paras 44-45). The Plaintiffs also claim that OpenAI’s models may reproduce parts of this content in user-facing outputs, which could further support the allegation of infringement (Statement of Claim at para 5). Legal commentators, including Michael Geist and Howard Knopf, have already weighed in on the lawsuit’s weaknesses and strategic undertones (see Howard Knopf, “AI Litigation for the Canadian Nation”; Michael Geist, “Canadian Media Companies Target OpenAI in Copyright Lawsuit But Weak Claims Suggest Settlement the Real Goal”).

Continue reading →

An Important Alberta Crown Lease Continuation Decision

By: Nigel Bankes

Case Commented On: APL Oil & Gas (1998) Ltd v Alberta, 2025 ABKB 201 (CanLII)

PDF Version: An Important Alberta Crown Lease Continuation Decision

In the natural resources sector, as in so many other industrial sectors that require major capital investments in physical assets, security of tenure for those engaging in exploration activities (resource lessees) is foundational. And a crucial part of security of tenure for a resource lessee is the expectation that, if they make a discovery, they will be able to hold on to that discovery at least until they have recovered all their investment including a return on risk capital, or better yet, until the discovery has been fully exploited and is no longer profitable to produce. On the other hand, the resource owner (whether private or public (Crown)) wants to ensure diligent exploration and development by the resource operator/lessee, failing which the property should be returned to the owner so as to allow the owner to explore other potential lessees.

Continue reading →

Need for Law Reform: Residential Tenancies and Late Fees

By: Shaun Fluker and JD students with the Public Interest Law Clinic

Legislation Commented On: Residential Tenancies Act, SA 2004, c R-17.1

PDF Version: Need for Law Reform: Residential Tenancies and Late Fees

The Public Interest Law Clinic has an ongoing law reform project file on residential tenancies. During the Fall 2024 and Winter 2025 semesters, the Clinic conducted legal research on fees payable for late payment of rent. The Alberta Law Reform Institute is undertaking a review of the Residential Tenancies Act, SA 2004, c R-17.1. The Clinic’s research confirms legislative amendments would help to clarify the enforceability of fees charged by a landlord for the late payment of rent. Continue reading →

Disaster in the Making: UCP Government Grabs Control of the Alberta Law Foundation’s Funding Decisions

By: Shaun Fluker, Jonnette Watson Hamilton, and Nigel Bankes

Bill Commented On: Bill 39 Financial Statutes Amendment Act 2025 (31st Leg, 1st Session, second reading)

PDF Version: Disaster in the Making: UCP Government Grabs Control of the Alberta Law Foundation’s Funding Decisions

Mixed together with an omnibus financial bill in the current session of the Legislature, the UCP government proposes to threaten the independence of the Alberta Law Foundation (Foundation), and in doing so, the independence of the legal profession. The bill also jeopardizes the core funding that the Foundation has historically provided to support not-for-profit organizations that help the Foundation deliver on its mandate, including poverty law clinics and those involved in public legal education. The Minister of Finance introduced Bill 39: Financial Statutes Amendment Act 2025 for first reading in the Legislature on March 10 and the Bill is currently in second reading. Section 7 of Bill 39 proposes to amend the Legal Profession Act, RSA 2000, c L-8 to change the rules governing how the Foundation allocates funding grants by inserting a large measure of political control, and to require the Foundation to increase its funding contribution to Legal Aid Alberta. Consistent with amendments imposed on Legal Aid Alberta by the UCP government in 2024, the UCP government seeks to give the Minister of Justice control over the funding of access to justice programs. In response to these proposed amendments, two of the three board members appointed to the Foundation by the Alberta UCP government have resigned.

Continue reading →

The Vital Importance of Federal Environmental Assessment and the Federal Election

By: Arlene Kwasniak

Matter Commented On: The federal leaders’ debate and how the role of federal environmental assessment was inappropriately miscast, denigrated, and not defended.

PDF Version: The Vital Importance of Federal Environmental Assessment and the Federal Election

On April 17th I watched the English debate among the Canadian Prime Minister contenders. I watched the French debate the day before. For those who may not know, I want to set something straight. It deals with so called “Bill C-69” that CPC leader Pierre Poilievre insists should be repealed. He calls it the “No Pipelines Act,” a term he lifted from Jason Kenny, who called it that years ago. Poilievre calls it new legislation that blocks development, in particular development related to the energy industry like pipelines and references it as just a bunch of useless red tape standing in the way of industrial and resource development. This post addresses these false claims.

Continue reading →