Ontario Court Lets Publishers Sue OpenAI Over AI Training Copyright
Ontario's Court of Appeal dismissed OpenAI's appeal, clearing Canada's biggest publishers to sue over AI training on their journalism — a first for the country.
Image: Wikimedia Commons / Jamesahlan
TORONTO — The Ontario Court of Appeal on Friday dismissed OpenAI's appeal, clearing Canada's largest news publishers to press ahead with their copyright lawsuit over the use of their journalism to train ChatGPT, in the first Canadian case on AI training and copyright.
The Canadian Press, Torstar, The Globe and Mail, Postmedia and CBC/Radio-Canada filed the suit in 2024. They say OpenAI copied their articles without permission to build and run the large language models behind ChatGPT, breaching copyright and their websites' terms of use while profiting from the work.
Key Takeaways
- The Court of Appeal dismissed OpenAI's appeal on Friday, November 13, and the case can now proceed in Ontario.
- A unanimous panel led by Justice B.W. Miller found Ontario has a "real and substantial connection" to the alleged breaches.
- OpenAI must pay $100,000 in legal costs to the publisher group.
- The ruling decides only where the case is heard; no court has yet ruled on infringement.
What the Ontario Court of Appeal Decided on OpenAI's Jurisdiction Challenge
OpenAI, based in California, argued the case did not belong in Ontario at all. It said the alleged infringements fell outside the reach of Canadian law and the dispute should be heard in the United States. The Ontario Superior Court of Justice rejected that argument in November 2025, when Justice Jessica Kimmel ruled the court had jurisdiction.
On appeal, Justice B.W. Miller, writing for a unanimous three-judge panel, rejected the challenge and upheld the lower court ruling. "Ontario has a real and substantial connection to the alleged breaches," the court concluded. It also noted OpenAI had filed no evidence that a Canadian judgment would conflict with any law in the United States, which would have complicated enforcement.
Who Is Suing OpenAI and What the Publishers Allege
The plaintiffs are Toronto Star Newspapers, Metroland Media, Postmedia Network, The Globe and Mail, The Canadian Press and CBC/Radio-Canada. They allege OpenAI misappropriated large amounts of their journalistic work to train the large language models behind ChatGPT and other commercial AI applications, then used that content for commercial purposes without permission or compensation.
The publishers allege breaches of the Copyright Act, breach of contract through their websites' terms of use, and unjust enrichment. The November 2025 ruling stayed claims against four OpenAI entities not shown to be involved, leaving six defendants including OpenAI Inc., OpenAI OpCo and OpenAI LLC. No court has yet ruled on whether OpenAI infringed copyright.
What Happens Next in the OpenAI Copyright Case in Canada
The case now returns to the Ontario Superior Court, where it will move toward a hearing on the merits — the stage at which the court will hear whether OpenAI's use of the publishers' work actually breached Canadian copyright law. No hearing date has been set, and the question of infringement remains undecided.
The publishers are not waiting on a single case. Earlier this year, Postmedia, Torstar, The Globe and Mail and The Canadian Press launched a separate lawsuit against Anthropic over similar claims. Ottawa has not indicated any plans to update the Copyright Act, despite calls from news and cultural groups. Copyright claims against AI companies are also moving through US courts, where lawsuits date back to 2023, including music copyright suits against AI firms.
| Date | Development |
|---|---|
| 2024 | Publishers file suit against OpenAI in Ontario |
| November 2025 | Justice Kimmel rules Ontario has jurisdiction |
| November 13, 2026 | Appeal dismissed; $100,000 costs ordered |
| Next | Merits hearing; no date set |
Frequently Asked Questions
Can Canadian publishers sue OpenAI over AI training?
Yes. The Ontario Court of Appeal ruled on Friday, November 13, that the case can proceed in Ontario. It is the first Canadian case on the use of copyrighted content to train generative AI.
What did the Ontario Court of Appeal decide about OpenAI?
The court dismissed OpenAI's appeal of a lower court ruling that Ontario has jurisdiction. A unanimous panel led by Justice B.W. Miller found Ontario has a "real and substantial connection" to the alleged breaches, and ordered OpenAI to pay $100,000 in costs.
Has OpenAI been found guilty of copyright infringement in Canada?
No. The rulings so far decide only where the case can be heard. Whether OpenAI infringed copyright has not been decided and will be argued at the merits stage.
What happens next in the Canadian OpenAI copyright lawsuit?
The case returns to the Ontario Superior Court for a hearing on the merits. No hearing date has been set, and the publishers have also filed a separate lawsuit against Anthropic.
