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Canada’s Evolving Right to Shelter: Region of Waterloo v Named Respondents & Persons Unknown

By: Anna J. Lund and Sarah Buhler

Case Commented On: The Regional Municipality of Waterloo v Named Respondents and Persons Unknown, 2026 ONSC 2971 (CanLII)

PDF Version: Canada’s Evolving Right to Shelter: Region of Waterloo v Named Respondents & Persons Unknown

On May 21, 2026, the Ontario Superior Court of Justice (the Court) released its decision in The Regional Municipality of Waterloo v Named Respondents and Persons Unknown, 2026 ONSC 2971 (CanLII) (the Decision). The Decision considered the constitutionality of a regional government bylaw that sought to remove residents from an encampment. Housing rights advocates are lauding the Decision as a significant step forward in terms of courts recognizing the Canadian Charter of Rights and Freedoms (the Charter) as providing legal protections for the rights of unhoused Canadians, as well as its specific reliance on principles from international human rights law. This case comment provides a brief overview of the Decision, highlighting some of the key developments including:

The Alberta Court of Appeal Weighs in on the use of AI in Court Submissions

By: Robert Hamilton

Cases Commented On: Reddy v Saroya, 2025 ABCA 322 (CanLII)

PDF Version: The Alberta Court of Appeal Weighs in on the use of AI in Court Submissions

In Reddy v Saroya, the Alberta Court of Appeal had the opportunity to comment on the use of Artificial Intelligence in court submissions when considering a case wherein counsel had filed a factum containing multiple AI-fabricated citations. This is the latest warning for lawyers, following cases such as Zhang v Chen, 2024 BCSC 285 (CanLII) (Zhang) and Ko v Li, 2025 ONSC 2965 (CanLII) (Ko), that AI and Large Language Models (LLMs) cannot reliably prepare legal materials and should not be used to that end. These tools can be used to gain efficiencies and will surely have an increasingly important role in legal practice moving forward, but lawyers, legal academics, and law students who use them must understand their limits. Reddy shows the cost of forgetting that.

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”).

ABlawg Year in Review 2024

By: Admin

PDF Version: ABlawg Year in Review 2024

As is tradition, ABlawg closes 2024 with a summary of highlights over the past 12 months, including some statistics, examples of ABlawg impact, and a synthesis of topics covered by authors. We also include a tribute to Linda McKay-Panos, our long-time colleague, contributor, and friend who passed away on November 3, 2024.

BC Court of Appeal Recognizes the Myth of False Allegations of Intimate Partner Violence

By: Deanne Sowter and Jennifer Koshan

Case Commented On: KMN v SZM, 2024 BCCA 70 (CanLII), overturning 2023 BCSC 940 (CanLII)

PDF Version: BC Court of Appeal Recognizes the Myth of False Allegations of Intimate Partner Violence

We have both written previously on myths and stereotypes about intimate partner violence (IPV), one of the most common of which is that women make false or exaggerated claims of violence to gain an advantage in family law disputes (see here and here). In KMN v SZM, 2024 BCCA 70 (CanLII), the British Columbia Court of Appeal (BCCA) recognized the existence of this myth and the need for courts to avoid making assumptions that perpetuate it, holding that it is erroneous to do so unless there is an evidentiary basis for a finding of false allegations. This judgment came just a week before the Supreme Court of Canada released a decision on rape myths and stereotypes, in which it reiterated its recognition of the myth of “false allegations of sexual assault based on ulterior motives” (R v Kruk, 2024 SCC 7 (CanLII) at paras 35-37). The Supreme Court has not yet acknowledged the myth of false allegations of IPV in the family law context, however.

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