October 28, 2014
McInnes Cooper Privacy lawyer David Fraser was recently quoted in a CBCnews Nova Scotia article regarding the Cyber Safety Act, a law created to protect people from cyberbullying. Since the law came into affect a year ago there have been over 370 cases of cyberbullying reported.
To view a copy of the full article click here.
Feb 1, 2023
On January 26, 2023, the Office of the Privacy Commissioner of Canada (OPC) released a report of findings requiring companies using targeted…
Jan 26, 2023
In November 2022, the Ontario Court of Appeal definitively decided an organization whose information systems are breached by a malicious third…
Jul 20, 2022
There’s a new privacy law coming to Canada. In June, the federal government introduced a complete overhaul of the privacy law regime that both…
Jun 30, 2022
On June 16, 2022, the federal government took a second shot at a complete overhaul of the private sector privacy law regime that both protects…
Jan 25, 2022
More and more people are using smart contracts: the global smart contracts market was valued at USD $145M in 2020; it’s projected to be valued…
Dec 16, 2021
We updated this publication on December 21, 2022. The name of the game is to have a plan to mitigate the risk that a data breach will happen…
Jan 26, 2021
We udpated this publication on March 4, 2022. Privacy is critical to every business in every sector, including startups and growing…
Dec 2, 2020
Using social media influencers and micro-influencers is an increasingly effective marketing strategy. Social media use is pervasive; 94% of…
Nov 19, 2020
This publication has been updated as at June 30, 2022. NOTE: On June 16, 2022, the Government of Canada introduced Bill C-27: Digital…
Nov 17, 2020
Spurred by the COVID-19 Pandemic and bricks-and-mortar closures, businesses - from SMEs to multinationals, startups to mature businesses,…
Jul 6, 2020
On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller, a much-awaited decision regarding the enforceability of…
Jun 12, 2020
The financial technology (Fintech) industry uses technology to support and enhance financial and banking services.
Mar 28, 2019
Organizations subject to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) – those that collect, use or…
Feb 20, 2019
On February 14, 2019, the Supreme Court of Canada decided yet another criminal law decision that will likely have broader ramifications for…
Dec 19, 2018
On December 13, 2018, the Supreme Court of Canada confirmed that a third party can’t waive a person’s right to privacy or their rights under…
Aug 20, 2018
Every organization subject to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) - every organization that…
Aug 3, 2018
As of November 1, 2018, organizations in Canada subject to the Personal Information Protection and Electronic Documents Act (PIPEDA) will face…
Jul 18, 2018
Most businesses – from startups to SMEs to multi-nationals, and from private family-owned businesses to public corporations – will use…
Jun 13, 2018
Businesspeople (and their legal counsel) are on the road more than ever before: according to Statistics Canada, while Canada-U.S. traffic is…
Jan 12, 2018
Whether a provincial court will grant police a “production order” under the Criminal Code of Canada requiring a non-Canadian company to…
Oct 31, 2017
Intellectual Property (IP) can be a valuable asset – even the most valuable asset – of a business. So it’s worth making sure the business…
Jul 17, 2017
A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…
Jun 28, 2017
On June 28, 2017, the Supreme Court of Canada confirmed a Canadian court can issue an interlocutory injunction (an order requiring an entity or…
Jun 23, 2017
On June 23, 2017, the Supreme Court of Canada decided that in a contest between the choice of forum clause in Facebook’s online terms of use…
Jun 7, 2017
On June 7, 2017, the federal government repealed the regulations that would have brought into effect the sections of Canada’s Anti Spam…
Apr 6, 2017
Adding a third jurisdiction to Gard Update’s comparison between privilege in the corporate context under U.S. and English law, McInnes Cooper…
Mar 30, 2017
Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely…
Mar 30, 2017
There are very few examples of a Canadian court interpreting and opining on the provisions of an information technology contract. So the Ontario…
Feb 24, 2017
This publication has been updated as at January 12, 2023. Many organization (66%) store the personal information of customers. employees,…
Jan 25, 2017
Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business…
Dec 7, 2016
Recently, the Nova Scotia Supreme Court denied a motion for a temporary stay of proceedings to prevent the deployment of certain tidal devices…
Nov 28, 2016
On November 25, 2016, the Supreme Court of Canada decided privilege wins again - twice. In two separate decisions - Lizotte v. Aviva Insurance…
Nov 22, 2016
On November 17, 2016 the Supreme Court of Canada decided a mortgagee has the mortgagor’s implied consent to disclose its discharge statement…
Oct 21, 2016
All shareholders – whether in a startup, a small or large business or a family-owned business – can benefit from a shareholders’…
Oct 19, 2016
We updated this publication on January 17, 2023. For many businesses, large and small, their “Intellectual Property” (IP) is one of their…
May 10, 2016
This publication has been updated as at April 18, 2022. Access to sufficient capital is always a business issue, from the startup stage right…
Mar 24, 2016
When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these…
Jan 27, 2016
On January 21, 2016, the Ontario Superior Court of Justice dramatically expanded the scope of legal privacy protection – and the liability…
Jan 18, 2016
On January 14, 2016, the Ontario Superior Court decided that Canadians have a clear privacy interest in their records of their cellular…
Oct 19, 2015
Access to sufficient capital to fund operations, research and development, and other costs is a key challenge for start-ups and for some small…
Sep 29, 2015
The anti-spam sections of Canada’s Anti-spam Legislation (CASL) took effect on July 1, 2014 amidst hype, controversy and dire warnings. Were…
Jul 29, 2015
On July 27, 2015, the Federal Court of Canada decided a lawsuit by medical marijuana program participants against the Federal Government…
Jun 2, 2015
Effective April 22, 2015 the NS Government enacted the NS Missing Persons Act, lowering the threshold for police to get an order to access…
Mar 25, 2015
On March 3, 2015 Canada’s Privacy Commissioner determined that Health Canada breached privacy laws by mailing letters to over 40,000 Marihuana…
Mar 6, 2015
On March 5, 2015, the Canadian Radio and Television Commission (the CRTC, the main agency charged with administering and enforcing most of CASL)…
Dec 11, 2014
On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…
Dec 11, 2014
On January 15, 2015, the software provisions of Canada’s Anti-Spam Legislation (CASL) will take effect. CASL’s anti-spam sections, touted…
Dec 1, 2014
The construction industry - project owners, contractors, subcontractors and trades - might be relaxing, ignoring the hype around Canada’s…
Oct 14, 2014
CASL’s anti-spam sections came into force on July 1, 2014. Every organization that CASL affects should now be complying with it – and their…
Aug 1, 2014
Most Canadians have heard about Canada’s Anti-Spam Legislation (CASL): we’ve been bombarded with “CASL Compliant” emails asking us to…
Jun 16, 2014
On June 13, 2014 the Supreme Court of Canada decided that Canadians have a reasonable expectation of privacy in their online activities, and…
Jun 12, 2014
The countdown to CASL is almost over: there are only 13 business days until the anti-spam provisions of CASL – and most of the penalties for…
Jun 11, 2014
Note: For an update on Crowdfunding, read: New Kid on the Block – Crowdfunding Joins Traditional Equity-Based Funding Options for Start-ups…
May 8, 2014
On July 1, 2014 – less than two months from now - the anti-spam sections of Canada’s Anti-Spam Legislation (CASL) take effect. Individuals…
Apr 15, 2014
The countdown to CASL is on: on July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (“CASL”) take effect. Individuals…
Mar 19, 2014
As organizations turn to cloud computing services, ensuring compliance with legislation and reducing privacy risks is key. In Canada, there is…
Feb 28, 2014
On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) will take effect. CASL is: Broad. It applies…
Feb 28, 2014
On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) take effect. CASL will apply to just about every…
Nov 8, 2013
On November 7, 2013, the SCC decided police require specific authorization in a search warrant to search the data in a computer because of the…
Nov 28, 2012
On October 19, 2012 the Supreme Court of Canada (SCC) decided that a teacher criminally charged with possession of child pornography and…
Oct 22, 2012
Mr. Cole was a high school teacher with an employer owned and issued laptop computer. He also used it for incidental personal purposes, which…
May 6, 2011
In March 2011, the Ontario Court of Appeal found that an employee had a limited expectation of privacy in the contents of a work computer. The…
Apr 7, 2011
Note: Click here to read an updated version of this Legal Update in Cloud Computing: A Privacy FAQ as seen in as seen in CCCA Magazine, Spring…
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