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Sweeping Competition Law Reform, Equitable AI, The Five Tech Law Cases You Need to Know, and More in Timely Topics – January 2024

Timely Topics with McCarthy Tétrault curates the latest market trends on a monthly basis to help you stay informed of developments that can affect your business. This content is current as of January 17th 2024, but please connect with us if you have any questions on any of the topics below.

Here are this month’s trending topics:


1) Competition/Antitrust & Foreign Investment

Gradually, then Suddenly: Significant Competition Law Reform Arrives in Canada

After more than two years of talk, the Canadian Government has acted to overhaul the Competition Act. One set of amendments (Bill C-56) were made in mid-December and will dramatically broaden certain provisions of the Act, most notably those affecting civil collaboration agreements and abuse of dominance. A further set of proposed edits (Bill C-59), which are pending and likely to be passed in 2024, will alter Canada’s competition law enforcement landscape by ushering in expanded private litigation, stronger civil conduct provisions, and a more expansive merger notification regime.

Our recent bulletin highlights the key proposed changes affecting Canada’s business environment.

Read the article here

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These are the biggest changes to Canada’s competition regime in over a decade. Speak to a lawyer from our Competition/Antitrust and Foreign Investment Group to find out how you’ll be affected.

2) Artificial Intelligence

Equitable AI: How Bias-Conscious AI Leads to Smarter Investing

The venture capital (VC) industry is fuelled by relationships, networks, and peer comparisons, but because of the limited business and financial track records of startups, these inputs unfortunately result in a lack of diversity in VC deals and the underfunding of many high-potential companies.

In this problem there is an opportunity for VC firms to leverage AI to identify high-potential companies that may otherwise go unnoticed – thus increasing diversity and diversification within their portfolios and outperforming their peers. To mitigate the risk of biased AI systems, VC firms can develop diverse teams, implement training, and develop algorithms that utilize a multi-stakeholder approach, as well as sources of seemingly unconnected data.

This whitepaper outlines the embedded bias challenge associated with AI implementation for VC decision-making and explores best practices for developing AI that can identify high-potential startups that may otherwise be overlooked.

Read the white paper here

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MT❯Ventures is a division of McCarthy Tetrault, providing strategic counsel and other critical services to startups. Contact Aliya Ramji to find out how we can help you sustain exceptional growth or speak with Charles Morgan about the latest developments in the Cyber/Data space.

3) Technology

Five Tech Law Cases Everyone Should Know Podcast

Five Tech Law Cases Everyone Should Know takes a closer look at ground-breaking court cases that have shaped Canadian tech law. Hosted by McCarthy Tétrault’s Connor Bildfell, this series explores landmark tech law decisions through conversations with some of the sector’s preeminent lawyers.

Episode 1: Google v. Equustek – Do Canadian courts have the power to make injunctive orders with global effects across the internet?

Episode 2: Jones v. Tsige – How does the tort of intrusion upon seclusion work in the digital era?

Episode 3: SOCAN v. CAIP – Can internet intermediaries be liable for copyright infringement by users?

Episode 4: Crookes v. Newton – Does sharing a hyperlink to defamatory third-party content trigger liability under Canadian defamation law?

Episode 5: Setoguchi v. Uber – Do data breaches without any actual loss trigger liability via a privacy class action?

Listen to the podcasts here

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To find out more about these cases, contact the host, Connor Bildfell, or any of the lawyers in our Technology Group.

4) U.S. and International Markets

Doing Business in Canada: Updated guide now available

Successfully setting up a business in Canada or expanding into one of its many thriving sectors requires an understanding of the federal and provincial regulatory and legal frameworks affecting the business landscape.

The latest edition of Doing Business in Canada guides decision makers through the complex legal aspects of establishing, acquiring, or operating a business in Canada in 2024 and beyond. It provides comprehensive information on applicable laws, including general summaries of the latest legislative and regulatory updates, and an overview of the Canadian political and legal systems for those entering the market for the first time.

Read the full guide here

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If you’re ready to do business in Canada, contact any one of our practice group leaders: Matthew CummingPatrick SheaShea Small or Karl Tabbakh.

5) Immigration

What to Expect in 2024 – Canada’s New Immigration Landscape and Targets

Every year on or before November 1, the government of Canada announces new immigration targets to share its projections on the number of permanent residents that will be admitted to Canada via the various immigration categories.

In 2024, Canada expects to welcome 485,000 new permanent residents, with a plateau of 500,000 by 2026. Find out more about the policy decisions and factors driving these numbers in 2024 and beyond.

Read the full article here

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MT❯iplus is a division of McCarthy Tétrault, streamlining clients’ immigration needs in a global marketplace. Contact Stéphane Duval to discuss a more effective and personal approach to business immigration.

This newsletter is designed to provide general information only. This newsletter does not provide legal advice on specific issues. You are encouraged to consult with legal counsel should you require assistance in addressing a particular issue or concern.

Tell us what you think! Do you have feedback for the Timely Topics newsletter or topics you’d like for us to explore? Let us know at [email protected].

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