Technology Disputes

Blakes serves a diverse range of clients, including multinational technology suppliers, Canadian innovators, and technology service providers. We also advise corporations across all sectors on their use of technology. Our experience includes advising and/or representing:

• A multinational technology company in a class action involving Sale of Goods Act and privacy claims relating to preloaded software.
• Flo Health in a complex privacy class action based on the allegation that Flo communicated class members’ personal information to third-party analytics companies without the requisite consent of Flo App users.
• Wattpad Inc., an online social storytelling platform, in connection with a privacy class action. 
• Qualcomm Incorporated in respect of national class actions related to cellphone technology.
• A global social media platform on its implementation of several high-profile features, including AI-generated content and certain children’s privacy safeguards for the Canadian market. Blakes also provided strategic advice on the implications of the Online News Act.  
• Bell Canada and Telus against actions by Rovi alleging patent infringement related to internet protocol television systems. The Federal Court dismissed Rovi’s patent-infringement actions and granted the respondents’ counterclaims for declarations of invalidity and non-infringement. This was named an Impact Case of the Year at the Managing IP Awards 2025.
• A payments software company in a software licence dispute in which the licensee failed to renew but kept using the software without authorization. With the threat of a copyright action, a favourable outcome for our client was achieved.
• Wescam/L3Harris in an ongoing copyright action in the Federal Court related to the infringing use by a competitor of copyright-protected software for use in imaging systems (i.e., cameras) in turrets for helicopters in the defence and film industries. 
• Norco Bicycles (LTP Sports Group) in an ongoing trademark infringement action in the Federal Court alleging infringement by Google Inc. related to Google’s use of the NORCO mark to wrongfully blacklist this brand for Googe Ads. 
• The Federal Liberal Party in connection with the Information and Privacy Commissioner for British Columbia inquiry into the use of facial recognition software to confirm identities for nomination meetings during the COVID-19 pandemic.
• A major telecommunications company in obtaining a leave to appeal to the Federal Court of Appeal relating to access to public property to build 5G infrastructure. 
• A power generation company in a construction dispute relating to a biomass conversion project that uses state-of-the-art renewable technology.
• A major pipeline construction company in a dispute over ownership of technology used for internal automatic welding.
• A manufacturer of mobile data terminals in an action against one of its suppliers relating to defective components.
• A major telecommunications company on whether Vidéotron was awarded wireless spectrum for which it was not eligible. 
• A major telecommunications company in obtaining an injunction compelling Québecor to restart the broadcast signal that Groupe TVA had unlawfully interrupted during the Stanley Cup playoffs.
• Lyft Canada against an attempt by a coalition of taxi companies in British Columbia to obtain an injunction to block Lyft’s ridesharing platform in the province. 
• Toronto Commercial Arbitration Society and Chartered Institute of Arbitrators (Canada) Inc. in Uber Technologies Inc. v. Heller, a Supreme Court of Canada appeal involving issues relating to the ridesharing app economy.
• Acting in a dispute over online learning technology. 
• A leading software technology company on an ongoing basis in all areas of the law, including litigation, employment and corporate law. 
• Wifidelity in an ongoing dispute respecting the terms of a software licence agreement between Wifidelity and ProPurchaser.com.
• Epstein Enterprises Ltd. regarding a start-up technology company that alleged that certain warrants and convertible debt issued at the time of a loan resulted in a criminal interest rate being charged on the loan.