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Supreme Court of Canada Allows British Columbians to Pursue Privacy Class Action Against Facebook

June 29, 2017

On June 23, 2017, in Douez v. Facebook Inc. (Douez), the Supreme Court of Canada considered the enforceability of forum selection clauses involving consumers and privacy rights. The application judge had declined to enforce a forum selection clause and granted class certification in an action alleging breaches of B.C.’s Privacy Act for unauthorized use of individuals’ names and likenesses. The…

Canada’s New Energy Efficiency Regulations Come Into Force

June 28, 2017

On June 28, 2017, the federal Energy Efficiency Regulations, 2016 (New Regulations) came into force, repealing and replacing the original Energy Efficiency Regulations (Regulations). The New Regulations increase the energy efficiency standards for certain consumer and commercial products and take a step towards harmonizing Canada’s energy efficiency standards with those of the United States. OVERVIEW OF ENERGY EFFICIENCY REGULATIONS IN…

Canadian Bail-In Regulations: What You Need to Know

June 27, 2017

On June 16, 2017, Canada’s Department of Finance and the Office of the Superintendent of Financial Institutions (OSFI) published for comments a package of draft regulations and guidelines setting out the final details of Canada’s bail-in framework and related total loss absorbency capacity (TLAC) capital standard for Canada’s six domestic systemically important banks (DSIBs). The bail-in regulations are expected to…

Ontario Court of Appeal Confirms Ongoing “Gatekeeper” Function in Respect of Expert Evidence

June 22, 2017

In its recent decision in Bruff-Murphy v. Gunawardena (Bruff-Murphy), the Court of Appeal for Ontario (Court) set aside a jury award and ordered a new trial on the basis that the trial judge did not correctly apply the Supreme Court of Canada’s (SCC) test relating to the admission of expert evidence. The Court’s decision in Bruff-Murphy provides valuable guidance as…

Ready to IIROC and Roll: Alberta Legislation Grants Increased Investigative Powers to IIROC

June 21, 2017

Earlier this month, Alberta became the first province to grant the Investment Industry Regulatory Organization of Canada (IIROC) express, direct legal authority to collect evidence during the course of its investigations and provide statutory immunity from civil suits to IIROC staff acting in good faith in the course of those investigations, through the enactment of Bill 13: Securities Amendment Act,…

Supreme Court of Canada Rules No Discrimination for Termination of Drug-Addicted Employee

June 20, 2017

On June 15, 2017, the Supreme Court of Canada (SCC) released its decision in Stewart v. Elk Valley Coal Corp. (Stewart). Stewart is a welcome decision for employers looking to improve and enforce alcohol and drug policies in safety-sensitive workplaces. For related analysis regarding substance abuse in the workplace, see our May 2016 Blakes Bulletin: Suncor Clears Important Hurdle in…

Investment Industry Regulatory Organization of Canada Sets Priorities for 2018

June 19, 2017

The Investment Industry Regulatory Organization of Canada (IIROC) has released its priorities for 2018 (Priorities). The Priorities address issues related to policy development, enforcement and IIROC’s general supervisory mandate. The Priorities highlight IIROC’s focus on inspiring confidence and deterring wrongdoing, as well as its desire to achieve efficient regulation while being a “leading edge” regulator. They further offer a glimpse…

U.S. Court Upholds Privilege Claim Respecting Report Prepared Following Data Breach

June 15, 2017

Those following developments in the data breach litigation space will be interested in the recent decision, In re Experian Data Breach Litigation (In Re Experian), where the California District Court upheld a privilege claim over a forensic report prepared following a data breach. BACKGROUND This decision arises in the context of a class action brought against Experian Information Solutions Inc….

B.C. Court Denies First Nations Injunction Request to Stop Development Pending Resolution of Action

June 15, 2017

On May 31, 2017, the British Columbia Supreme Court (Court) in Yahey v. British Columbia (Yahey) denied a second injunction application by Blueberry River First Nations (BRFN) to limit future development in certain portions of their traditional territory pending resolution of an underlying infringement claim. The decision demonstrates the reluctance of Canadian courts to issue “all-or-nothing” injunctive relief as an…

Cannabis, Commercial Real Estate and the Environment — Things to Consider Before You Get Into the Weeds

June 15, 2017

Cannabis legalization has been in the spotlight since Prime Minister Justin Trudeau put the issue on the agenda as part of his 2015 campaign. Details have begun emerging around how cannabis production, sale and consumption will be regulated with the recent introduction by the federal government of Bill C-45, the Cannabis Act (Bill) (for further information, please see our April…

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