Innovation, Data and Technology Insights

Image for Broken Promises – Supreme Court of Canada Discards Promise Doctrine for Utility

Broken Promises – Supreme Court of Canada Discards Promise Doctrine for Utility

Insight

Published: July 4, 2017

Author: Gregory Forrest

Categories: Patents, Copyright & Industrial Designs

In the much-anticipated Supreme Court decision in AstraZeneca Canada Inc. v. Apotex Inc., 2017 SCC 36, the SCC has declared that the so-called “Promise Doctrine” is not the correct approach … Read More

Image for California Dreaming: Supreme Court Modifies “Strong Cause” Requirement in Determining Enforceability of Forum Selection Clauses in Consumer Contracts

California Dreaming: Supreme Court Modifies “Strong Cause” Requirement in Determining Enforceability of Forum Selection Clauses in Consumer Contracts

Insight

Published: June 27, 2017

Authors: David Carrick, Tristan Culham

Categories: Innovation, Data and Technology

Authors: David Carrick, Tristan Culham, Calen Nixon By clicking “agree” to the terms of use, millions of Canadians have agreed to resolve any legal issue with Facebook, Inc. in the jurisdiction of Santa Clara … Read More

Image for CASL Private Right of Action Delayed

CASL Private Right of Action Delayed

Insight

Published: June 8, 2017

Authors: Jason Mohrbutter, K.C., Kristél Kriel, Nathan Schissel

Categories: CASL, Innovation, Data and Technology, Technology Projects & Transactions

We previously wrote about the potential impact of the private right of action provisions of Canada’s Anti-Spam Legislation (CASL). These provisions were scheduled to come into force on July 1, … Read More

10 Steps to Prepare Your Organization for a Ransomware Attack

Insight

Published: June 6, 2017

Authors: Kristél Kriel, Nathan Schissel

Categories: Innovation, Data and Technology, Technology Projects & Transactions

Authors: Jodi Wildeman, K.C., Kristél Kriel, Nathan Schissel What is a ransomware attack? Ransomware is software designed to lock or encrypt an organization’s system or data. Ransomware typically spreads through sophisticated “phishing emails,” which trick … Read More

Image for CASL Class Actions on the Horizon?

CASL Class Actions on the Horizon?

Insight

Published: May 30, 2017

Author: Jason Mohrbutter, K.C.

Categories: CASL, Innovation, Data and Technology

View an important update to this post.  We have previously written about how Canada’s anti-spam legislation (“CASL”) established the world’s toughest standards for sending commercial electronic messages (“CEM”). In summary, these provisions … Read More

Image for Solicitor-Client Privilege and FOI – The Saskatchewan Position

Solicitor-Client Privilege and FOI – The Saskatchewan Position

Insight

Published: May 25, 2017

Authors: Jason Mohrbutter, K.C., Kristél Kriel

Categories: Privacy, Data Protection & Cybersecurity

We previously wrote about the Supreme Court of Canada’s ruling on whether the Alberta Information and Privacy Commissioner could order disclosure of records to verify a claim of solicitor-client privilege … Read More

Image for Data Matching Legislation Proposed in Saskatchewan

Data Matching Legislation Proposed in Saskatchewan

Insight

Published: May 12, 2017

Author: Kristél Kriel

Categories: Privacy, Data Protection & Cybersecurity

Authors: Erin Wolff, Kristél Kriel The Office of the Saskatchewan Information and Privacy Commissioner (the “OIPC”) has recently recommended the creation of stand-alone legislation that will regulate data matching activities by … Read More

Image for Does the Media Have a Right to Private Communications?

Does the Media Have a Right to Private Communications?

Insight

Published: May 8, 2017

Author: Breanne Lothian

Categories: Privacy, Data Protection & Cybersecurity

Authors: Breanne Lothian, Erin Wolff On March 22, 2017, the Ontario Court of Appeal released its highly anticipated decision in R v Vice Media Canada Inc., 2017 ONCA 231. In this … Read More

Image for Electronic T4s and Privacy Considerations for Employers

Electronic T4s and Privacy Considerations for Employers

Insight

Published: April 13, 2017

Author: Kristél Kriel

Categories: Labour & Employment, Privacy, Data Protection & Cybersecurity

Authors: Meghan McCreary, Erin Wolff, Kristél Kriel Employers may soon be able to distribute T4 (Statement of Remuneration Paid) slips electronically to active employees without having obtained advance express consent from … Read More

Image for Cyber Risk Management: Mandatory Breach Reporting & Record Keeping

Cyber Risk Management: Mandatory Breach Reporting & Record Keeping

Insight

Published: March 21, 2017

Authors: Kristél Kriel, Nathan Schissel

Categories: Innovation, Data and Technology, Privacy, Data Protection & Cybersecurity, Technology Projects & Transactions

We previously wrote about the Digital Privacy Act and its various changes to the Personal Information Protection and Electronic Documents Act (“PIPEDA”). Read about the general changes to PIPEDA. One of … Read More