Category: Information Technology

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“The Donald” Trumps Condo Buyers by Avoiding Trade-mark Licensor Liability

July 22, 2015

  United States presidential candidate Donald Trump avoided liability for alleged misrepresentations of the attributes of purchased hotel condominium units by a developer that is licensed by one of Mr. Trump’s corporate affiliates to use Mr. Trump’s name and trade-marks for the 70-storey mixed-use TRUMP TOWER complex in downtown Toronto.    BACKGROUND   In Singh v. Trump (Singh), the developer…

C$1.1-Million Penalty Issued Under Canada’s Anti-Spam Law

March 6, 2015

  BACKGROUND   On March 5, 2015, the Canadian Radio-television and Telecommunications Commission (CRTC) issued its first Notice of Violation under Canada’s Anti-Spam Legislation (CASL), which included a C$1.1-million administrative monetary penalty (AMP).   The Notice of Violation was issued against Compu-Finder, a Quebec-based corporate training services provider. The CRTC alleged that between July 2, 2014 (the day after CASL…

Bill C-13: Cyberbullying Bill Introduces New Lawful Access Measures

January 23, 2015

  On December 9, 2014, Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, also known as the Protecting Canadians from Online Crime Act (Act), received royal assent. The Act, sometimes colloquially referred to as Canada’s cyberbullying law, was originally introduced in the House…

Reminder: CASL’s Software Installation Provisions Take Effect on January 15, 2015

January 14, 2015

  Phase 2 of Canada’s Anti-Spam Legislation (CASL) relating to the installation of computer programs will come into force on January 15, 2015. Commonly referred to as the malware prohibition, CASL goes far beyond prohibiting malware and will impact companies that install computer programs even where there is no improper purpose. As a result, many businesses, including those outside of…

Plaintiffs Don’t Get Second Bite at Apple in Proposed B.C. Privacy Class Action

October 10, 2014

  Last week in Ladas v. Apple Inc., the British Columbia Supreme Court refused to certify a class proceeding against Apple Inc. in relation to alleged breaches of privacy involving the Location Services aspect of Apple’s iOS4 operating system.   This decision indicates that British Columbia’s courts remain willing to decline certification of proposed class proceedings where the claims are…

New Cardholder Security Guidance Issued for Third-Party Service Providers

August 18, 2014

On August 7, 2014, the PCI Security Standards Council (PCI SSC) published an information supplement entitled Third-Party Security Assurance (the Guidance), which provides guidance to organizations in relation to their engagement of third-party service providers (TPSPs) with whom cardholder data is shared or that could impact the security of cardholder data. The Guidance assists organizations and TPSPs in understanding how…

As Coming into Force Looms, CRTC Publishes Anti-Spam Corporate Compliance Guidance

June 20, 2014

With less than two weeks to go before the coming into force date for the main provisions of Canada’s Anti-Spam Legislation (CASL), the Canadian Radio-television and Telecommunications Commission (CRTC) published a number of infographics and a Compliance and Enforcement Information Bulletin CRTC 2014-326: Guidelines to help businesses develop corporate compliance programs (Compliance Bulletin).     BRIEF BACKGROUND   Designed as one of…

Can’t Search This: B.C. Court Grants Global Restraining Order Against Google

June 19, 2014

  On June 13, 2014, the British Columbia Supreme Court ordered Google Inc. to remove all of a company’s websites from its search results. Equustek Solutions Inc. v. Jack (Equustek) marks the first time a Canadian court has ever made such an order, which resulted in an injunction against a non-party that will have global ramifications. The case follows in the footsteps…

Warrant Required to Produce Internet Usage Information to Police: Supreme Court

June 16, 2014

  In a landmark privacy decision, R. v. Spencer, the Supreme Court of Canada has ruled that individuals have a reasonable expectation of privacy in Internet usage information, and that law enforcement authorities who wish to obtain subscriber information from Internet service providers (ISPs) must, in most circumstances, do so pursuant to a warrant.   The court rejected the argument that…

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