Category: Privacy

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Doing Business in Canada

September 9, 2016

Legal Trends 2016: Privacy

March 29, 2016

There were several important privacy developments in 2015 that may potentially impact organizations doing business in Canada in the year ahead and beyond. ONE | ONLINE BEHAVIOUR ADVERTISING AND CONSENT In April, the Office of the Privacy Commissioner of Canada (OPC) released its investigation report regarding Bell’s Relevant Ads Program (RAP). The RAP involved the creation of Bell Mobility customer…

One Step Closer to Mandatory Breach Reporting Across Canada: Consultations Open

March 16, 2016

On March 4, 2016, Innovation, Science and Economic Development Canada (Ministry) published a consultation document soliciting input from stakeholders on the development of regulations that will support mandatory data breach reporting requirements under the Personal Information Protection and Electronic Documents Act (PIPEDA). Parties interested in participating in this consultation must provide comments in writing by May 31, 2016. BACKGROUND In…

Ontario Court Recognizes New Privacy Tort “Publication of Embarrassing Private Facts”

January 28, 2016

In Doe 464533 v. X (Doe 464533), the Ontario Superior Court of Justice (Court) found civil liability for the online publication of an intimate video by an ex-boyfriend. The case is significant because it signals the continuing expansion of privacy torts in Ontario, in this case through the recognition, for the first time in Canada, of the tort of “publication…

Ontario Court Finds Cellphone Tower “Metadata” is Private

January 20, 2016

The Ontario Superior Court of Justice (Court) recently ruled in R. v. Rogers Communications that broad cellphone “tower dump” production orders are unconstitutional as unreasonable seizures under section 8 of the Charter of Rights and Freedoms (Charter). A “tower dump” order requests information about communications transmitted through a cellphone tower during a particular time period, such as the telephone numbers…

Look Ahead: 2016 Legal Trends

January 8, 2016

  While global markets can be unpredictable, we have assembled some key legal trends that may help you prepare for what lies ahead in 2016.  ​​​​   Anti-Spam   Capital Markets  ​ China    Commercial Real Estate Cybersecurity Employment & Labour Financial Services Regulatory Intellectual Property International Trade   Litigation & Dispute Resolution   Mergers & Acquisitions   Oil &…

SCC to Weigh In On the Solicitor-Client Privilege Dispute Between Courts, Privacy Commissioners

November 30, 2015

As outlined in our April 2015 Blakes Bulletin: Privilege Rules: Solicitor-Client Privilege Held Sacrosanct by Alberta Court of Appeal, the Supreme Court of Canada (SCC) has granted leave to appeal (on October 29, 2015) the Alberta Court of Appeal’s decision in University of Calgary v. JR, where the Alberta Court of Appeal held that Alberta’s Office of the Information and…

You Won Your Case — Now What? SCC to Consider Intersection of Judgment Enforcement and Privacy Rights

July 29, 2015

  A plaintiff wins judgment, but the defendant (judgment debtor) refuses to pay or provide information necessary for the plaintiff (judgment creditor) to realize against the debtor’s assets. When and how can the creditor obtain that necessary information from a third party?   This is the question at the heart of Royal Bank of Canada v. Trang, a case that…

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