Expertise
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Practice Areas:
- Bar Admissions:
- Education:
- University of Toronto Faculty of Law (2004) JD (Dean's Honours List and Awarded Dean's Key)
- University of Sheffield, School of Law (2001) Master of Arts in Biotechnological Law and Ethics with Distinction; Special Commendation for Outstanding Performance
- Queen's University (2000) Bachelors of Science in Biochemistry (First Class Degree; Arts and Science Honour Roll)
Details
- Bio
- Cases
- Associations
- Blog Posts
- News & Media
- Publications & Presentations
- Recognition
Sana Halwani (she/her)
is a partner at Lenczner Slaght.
"A tenacious litigator. Highly respected by the judiciary, she lets her legal, technical and advocacy skills speak for themselves." — IAM Patent 1000
Sana co-leads the firm's Intellectual Property group. In patent matters, she has experience with numerous industries, including pharmaceutical and biologics, information technology, telecommunications, gaming, oil and gas, and heavy industrial. In copyright, trademark, and trade secret matters, Sana has represented diverse clients including software companies, innovator and generic drug companies, and media companies.
Sana has represented clients at all levels of the Ontario and Federal courts, including the Supreme Court of Canada, and regularly provides strategic patent and regulatory advice. She has also acted pro hac vice in patent actions in the United States, and has extensive experience as part of international teams litigating large cross-border disputes.
As Chair of our Equity, Diversity, and Inclusion Committee and co-founder of ReferToHer™, a groundbreaking program that helps keep women top of mind for referrals, Sana is a leading advocate for EDI at our firm and in the legal profession. She also plays a crucial role in shaping our firm’s future as Chair of our Innovation Hive™.
Sana is frequently invited to speak on topics in intellectual property, advocacy and diversity in the profession. Sana sits as the IP Law representative of the Federal Courts Rules Committee and as a member of the Federal Court IP Users Committee. Sana holds numerous volunteer leadership positions including Director and Secretary of the Writer’s Trust of Canada, Past President of the University of Toronto Alumni Association, and is a Past Director of the Intellectual Property Institute of Canada (IPIC) and co-Founder of it’s Women in IP Networking Group.
Prior to entering private practice, Sana clerked for Justice Rosalie Abella of the Supreme Court of Canada. Sana is a registered patent agent and trademark agent. She is also fluent in French.
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Joel Huizenga v Attorney General (Canada)
Counsel to Joel Huizenga in a judicial review addressing the Commissioner of Patents’ refusal to reinstate Patent Application No. 3,001,483 because “due care” had not been taken in relation to a missed maintenance fee payment.
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Canadian News Media Companies v OpenAI
Counsel to Canada’s leading news media organizations in their legal action against OpenAI for breach of copyright, breach of online terms of use, breach of contract, and unjust enrichment for scraping large swaths of content (millions of works) from Canadian media to help develop its products, such as ChatGPT.
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Copyright counsel to a major accounting firm in relation to the development and marketing of a data analytics tool.
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Copyright counsel to a major news media company in matter relating to unauthorized use of its content to train AI tools.
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The DDrops Company Inc v Allmax Nutrition Inc
Counsel to the Respondent, Allmax Nutrition Inc., in an appeal of a decision of the Canadian Trademarks Opposition Board addressing issues of trademark confusion and distinctiveness.
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Janssen Inc v The Ministry of Health and Attorney General of Canada
Counsel to Janssen Inc. in appeal of judicial review application to the Federal Court of Appeal addressing the interpretation and vires requirements for listing patents on the Patent Register under the Patented Medicines (Notice of Compliance) Regulations
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Janssen Inc v The Ministry of Health and Attorney General of Canada
Counsel to the applicant Janssen Inc. in two applications for judicial review to the Federal Court addressing the interpretation and vires requirements for listing patents on the Patent Register under the Patented Medicines (Notice of Compliance) Regulations.
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Co-counsel to Puma in an application for leave to appeal to the Supreme Court of Canada arising from Caterpillar’s opposition to Puma’s trademark application for PROCAT on the basis that it is confusing with Caterpillar’s registered design trademark (CAT & Triangle Design).
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Counsel to a music collective in a contractual dispute.
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James Caruk v Amazon.com Inc et al
Counsel to the Defendants, technology companies (Amazon, Apple, Fox/Tubi) and media production companies, in an action alleging, inter alia, copyright infringement, passing off and misappropriation of personality. This action was dismissed pre-discovery following service of the Defendants’ notice of motion to strike.
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Federal Courts Rules Committee - Designated by the Minister of Justice as the IP Law representative (of the five members of the bar on this statutory Committee) (2022-present)
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Intellectual Property Institute of Canada - Fellow; Intervention Committee; Co-Chair of the Women in IP Networking Group (WING); Conference Committee; Member of the IPIC Council (2019-2021); Chair of the Litigation Committee (2018-2021)
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University of Toronto Alumni Association - Board of Directors – President (2016-present)
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Governing Council, University of Toronto - College of Electors (2015-2019)
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University of Toronto - Academic Tribunal (student discipline matters), Co-Chair (2013-present)
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University of Toronto Faculty of Law - Adjunct Professor, Trial Advocacy (2010-2019)
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Advisory Committee on Prothonotary Appointments - Bar Representative (September 2017-2020)
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Federal Court IP Users Committee - Member (2018-present)
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Harold G. Fox Moot in Intellectual Property - Judge (2011-present)
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Chiefs in Intellectual Property - Toronto Chapter
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Writers' Trust of Canada - Board of Directors, Secretary (2020-present)
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University of Toronto - Law Alumni Association (2010-2018)
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Rouge Valley Health System - Research Ethics Board (2014-2017)
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The Advocates' Society
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Canadian Bar Association - Ontario
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Ontario Bar Association
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American Bar Association - Intellectual Property Law Section
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Facebook Loses Privacy Faceoff at the FCA
The proceedings in Canada (Privacy Commissioner) v Facebook Inc arose from the Privacy Commissioner’s investigation into Facebook’s practice of sharing users’ personal information with third-party apps. At the Federal Court, Justice Manson dismissed the Commissioner’s application, finding that the Commissioner had not shown that Facebook failed to obtain meaningful consent from users to disclose their data, and had not shown that Facebook failed to adequately safeguard user data. In its latest decision, Justice Rennie of the Federal Court of Appeal allowed the Commissioner’s appeal, concluding that Facebook indeed breached Personal Information Protection and Electronic Documents Act (PIPEDA)’s requirement to obtain meaningful consent from users prior to data disclosure and its obligation to safeguard user data.
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Who Owns This Patent? The FCA Says It’s as Clear as Mud
In its recent decision, Mud Engineering Inc v Secure Energy Services Inc, a divided Federal Court of Appeal considered the effect of the parties’ failure to prove ownership in the context of a summary trial. Though both the majority and the dissenting opinions agreed that the Patent Act creates a rebuttable presumption of ownership, they differed on which party should bear the burden of proving ownership once that presumption has been successfully rebutted and on the effect of that rebuttal on the underlying infringement action.
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AI Artistry on Trial: Can Machines Hold Copyright?
The intersection of artificial intelligence and intellectual property law is once again in the spotlight with the latest legal proceeding, Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic v Ankit Sahni.
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AI Here, AI There, AI Everywhere: Practical Challenges Litigating in an AI World
In the final instalment of our AI in the Courtroom series, we explore practical challenges that may arise when litigating in an AI world, and within the current framework of the Rules of Civil Procedure, Practice Directions, and common law. While the law is not entirely unequipped to deal with these challenges, evolution in the Rules and common law will likely be necessary as AI becomes more commonly used by various participants in the litigation process.
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Password Protected! The Federal Court Revisits TPMs
Savvy content creators and copyright owners often use technical protection measures (also known as “TPMs”) to restrict what users can do with their works (often digital materials). The prohibition against circumventing TPMs is rooted in sections 41 and 41.1 of the Copyright Act, but their fit within the broader Copyright Act is the subject of ongoing debate.
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AI Competence in the Courtroom: Four Things Judges Need to Understand Now About AI
As artificial intelligence continues to permeate every aspect of our lives, legal challenges involving AI will proliferate. Parts 1 to 3 in our series explored many of these potential questions. AI will create new legal problems and change the texture of old ones. As always, the judiciary, with the assistance of counsel, will assume a pivotal role in navigating this landscape.
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Innovation in Limbo: A Disappointing Turn in the Benjamin Moore Saga
In our last comment on non-patentable subject matter, we provided our thoughts on the Federal Court of Appeal’s decision in Canada (Attorney General) v Benjamin Moore & Co (the “Benjamin Moore Appeal”). As a top line, this decision was a loss for Canadian innovation. As we discussed in detail, the Federal Court of Appeal missed an opportunity to clarify the law of patentable subject matter, adopt the IPIC framework endorsed by Associate Chief Justice Gagné, and signal to the Canadian Intellectual Property Office (“CIPO”) that its examination practices were out of step with the law. Instead, the Federal Court of Appeal further complicated an already complex area of the law, which will increase the costs of innovators to register their technologies in Canada.
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The Federal Court of Appeal’s decision in Steelhead v ARC upholds Justice Manson’s summary trial decision finding no infringement by ARC Resources of Steelhead’s 085 Patent. In summary, the FCA held that the marketing of an apparatus that – if built – would infringe the 085 Patent did not constitute “use” (or “exploiter” in the French version) under section 42 of the Patent Act, and therefore could not be infringement.
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AI in the Courtroom: The Quest for Legal Precedents
The current landscape is inundated with narratives surrounding artificial intelligence and its intersection with the law. From the New York Time’s lawsuit launched against OpenAI in December 2023, to the BC lawyer reprimanded for citing fake AI-generated cases, to the lying Air Canada chatbot, the legal and mainstream media is full of stories of AI or people using AI running up against traditional legal doctrine and practice. Yet, amidst this surge of AI-related incidents, Canada finds itself grappling with more questions than answers.
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When Is a Gap Not a Gap? Court Maintains Procedural Differences Between Actions and Applications
In two decisions released on the same day, the Federal Court has confirmed that applications are summary procedures that exclude the right or ability to examine witnesses who have not sworn affidavits.
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2025 Lexpert Directory Highlights Lenczner Slaght’s Excellence in Advocacy
Peers and senior members of the legal profession across the country continue to recognize the depth and breadth of Canada’s leading litigation firm in the latest 2025 Canadian Legal Lexpert Directory.
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Lenczner Slaght Recognized in Chambers Global 2025
Canada’s leading litigation firm and its expert litigators are recognized for the 23rd consecutive year in world-renowned directory, Chambers Global.
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Lenczner Slaght’s 24th Year at the Centre of the Lexpert Bull’s Eye
The 2025 edition of Lexpert's Leading 500 Cross-Border Lawyers: A Guide to Doing Business in Canada continues to recognize Lenczner Slaght as the #1 firm in Toronto for Litigation and Commercial Litigation.
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In the latest issue of CBA National Magazine, Sana Halwani discusses why her clients, Canada's biggest news media companies, filed a joint lawsuit against OpenAI, the creator of ChatGPT, and what they are seeking from this action.
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Top Canadian news outlets to sue OpenAI in major copyright case
Sana Halwani appeared on ABC Australia's Radio National Drive program to discuss her recent case representing Canada's leading news media compaines against OpenAI in the first lawsuit of its kind in Canada.
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Open AI sued by five major Canadian media outlets
Sana Halwani was interviewed live by BNN Bloomberg on her recent case representing CBC, the Canadian Press, the Globe and Mail, the Toronto Star and Postmedia in suing Open AI for breaching copyright and online terms of use by scraping large swaths of content from Canadian media to help develop its products, such as ChatGPT.
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Canadian Media Giants Sue OpenAI Over Alleged Copyright Violations in ChatGPT Training
ALM's Law.com International reports on Canada's biggest media outlets suing U.S.-based artificial intelligence organization OpenAI of infringing their copyright by unlawfully scraping news content to train products like ChatGPT. Monique Jilesen and Sana Halwani are mentioned as leading the team represending the news organizations.
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Media companies’ lawsuit against OpenAI latest in growing number of challenges to AI data scraping
Canadian Lawyer spoke to Sana Halwani about the recently launched legal action on the Commercial List by Canada's leading news media companies against OpenAI, the first of its kind in Canada.
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Canadian media companies launch legal action against OpenAI
In this Financial Post article, Sana Halwani, lead counsel for Torstar, The Canadian Press, The Globe and Mail, CBC/Radio-Canada and Postmedia Network Inc, comments on why Canada's leading news media copmanies have launched a legal action against OpenAI.
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Featured on the front page of The Globe & Mail's Report on Business section, Sana Halwani was interviewed as lead counsel representing Canada's leading news media companies in their recently launched legal action against OpenAI for copyright infringement and breach of contract.
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EDI and Empowering Women Legal Professionals
Sana Halwani and Sahar Talebi were invited as featured speakers at the annual International Women’s Day program, EDI and Empowering Women Legal Professionals, organized by the Law Society of Ontario, Ontario Bar Association (Women Lawyers Forum), Women’s Law Association of Ontario (WLAO), Women’s Legal Education and Action Fund (LEAF), Barbra Schlifer Commemorative Clinic, Young Women in Law (YWL), and Women in Canadian Criminal Defence (WiCCD). Sana and Sahar joined a panel of diverse legal professionals to discuss topics related to the retention and advancement of women in law, addressing systemic barriers and biases, and the importance of taking concrete steps to achieve meaningful Equity, Diversity, and Inclusion (EDI).
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Planning and Organizing Your Case: Crafting a Litigation Blueprint
Sana Halwani was invited to share her expertise at The Canadian Bar Association program titled Planning and Organizing Your Case: Crafting a Litigation Blueprint. Sana discussed how to effectively develop a comprehensive litigation blueprint, including how to create a focused strategy, identify potential risks, optimize resources, and manage timelines to keep the case on track and avoid unexpected issues as the case progresses.
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Sana Halwani was invited to present at the Intellectual Property Institute of Canada’s (IPIC) Year-in-Review in IP Law 2025. Sana presented on the Patent Law panel, which reviews IP law court decisions rendered over the last year.
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2024 Snapshot: Through the Lens of Lenczner Slaght
Lenczner Slaght launches our 2024 Snapshot, which highlights the most significant developments, decisions, and trends in litigation from the past year across 20 areas of expertise. Reflect on 2024 and look ahead to 2025 through the lens of our expert litigators.
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29th Intellectual Property Law: The Year in Review
Sana Halwani was invited to share her expertise at the Law Society of Ontario's 29th Intellectual Property Law: The Year in Review. Sana presented on the session titled Artificial Intelligence: Substantive Legal Developments in Copyright Claims.
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Actions, Applications and Hybrid Proceedings: Considerations and Strategies for IP Lawyers
Sana Halwani was invited to speak as a panelist at the Intellectual Property Institute of Canada program titled, Actions, Applications and Hybrid Proceedings: Considerations and Strategies for IP Lawyers. Sana discussed different ways to initiate a proceeding, as well as considerations for choosing whether to initiate a proceeding by way of application, action, or simplified action, including hybrid proceedings.
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Sana Halwani was invited to share her expertise at the IPIC 2024 Conference. Sana was a panelist on From Courtroom to Practice: Analyzing Top IP Cases of the Year, where she discussed the most significant patent law rulings of the year and provided insights into how they’re shaping the future of IP law and practice.
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Copyright Litigation Inside and Out: Legal & Business Views
Sana Halwani shared her expertise on a Copyright Master Class course, hosted by McGill University in partnership with the Intellectual Property Institute of Canada (IPIC). In the session titled, Copyright Litigation Inside and Out: Legal & Business Views, Sana discussed the nuts and bolts of prosecuting or defending a copyright case in Canada.
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45th Annual Intensive Trial Advocacy Workshop (ITAW)
Risa Kirshblum, Sana Halwani, and Jonathan Chen participated as instructors at the 45th Annual Intensive Trial Advocacy Workshop (ITAW), hosted by Osgoode Professional Development. This program gathered over 100 experts in advocacy skills training and guest speakers who are active members of the Bench and Bar. Attendees had the opportunity to develop and refine their advocacy skills.
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Expert Witnesses and Persuasive Testimony in Technology Cases: Leveraging Technical Evidence
Sana Halwani was invited to present at the Canadian Bar Association program titled, Expert Witnesses and Persuasive Testimony in Technology Cases: Leveraging Technical Evidence. Sana discussed the critical role of expert witnesses in technology litigation, providing best practices for selecting, preparing, and presenting them effectively. She also covered strategies for handling cross-examination and engaged in interactive discussions on recent cases involving technological testimony.
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Chambers Global (2019-2025)
Intellectual Property: Litigation (Canada)
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Chambers Canada (2019-2025)
Intellectual Property: Litigation (Nationwide – Canada)
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IAM Patent 1000 (2016-2024)
Patent Litigation: Recommended Individual (Gold)
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Canadian Legal Lexpert® Directory (2018-2025)
Intellectual Property (Most Frequently Recommended), Litigation - Intellectual Property (Most Frequently Recommended), Life Sciences & Health (Consistently Recommended), Litigation - Corporate Commercial (Repeatedly Recommended)
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Lexpert Guide to the Leading 500 Cross-Border Lawyers in Canada (2020-2025)
Intellectual Property; Intellectual Property Litigation
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Lexpert Special Edition: Canada's Leading Litigation Lawyers (2018-2024)
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Lexpert Special Edition: Canada's Leading Technology & Health Sciences Lawyers (2022-2024)
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Lexpert Special Edition: Canada's Leading Health Sciences Lawyers (2021)
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Lexpert Rising Stars (2018)
Leading Lawyers Under 40
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Managing Intellectual Property: IP STARS (2017-2024)
Patent Star - Canada, Trademark Star - Canada, Top 250 Women in IP
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