Category: Privacy

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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…

Federal Court of Appeal Expands Scope of Privacy Class Action

July 16, 2015

  The Federal Court of Appeal recently allowed an appeal expanding the scope of a certified privacy class action relating to the loss of personal data of Canada Student Loans recipients. The case, Condon v. Canada(Condon), had previously been certified as a class action, but only with respect to claims based in breach of contract and intrusion upon seclusion (see…

Going to California: Court of Appeal Rules Forum Selection Clause Overrides Certification of B.C. Privacy Act Claims

July 9, 2015

  The British Columbia Court of Appeal recently overturned the certification of a class action against Facebook Inc. in relation to alleged breaches of B.C.’s Privacy Act, involving unauthorized commercial use of users’ names and likenesses. The lower court had exercised its jurisdiction over the claim despite the fact that Facebook’s standard terms of use contain a forum selection clause…

Digital Privacy Act Receives Royal Assent, but Breach Notification Provisions Lag Behind

June 19, 2015

  After lengthy debates, Bill S-4, the Digital Privacy Act​ finally received royal assent on June 18, 2015, and is now law. The federal government introduced Bill S-4 on April 8, 2014, which marked the government’s third attempt since 2010 to amend Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). But despite the passing of this bill, the mandatory…

Protection of Confidential Commercial Information Affirmed in Freedom of Information Decision

April 22, 2015

  On February 19, 2015, the Supreme Court of Canada (SCC) denied leave to appeal from the judgment of the Alberta Court of Appeal (Court) in Imperial Oil Limited v. Alberta (Information and Privacy Commissioner). This case addressed important principles of law with respect to the interpretation and application of Alberta’sFreedom of Information and Protection of Privacy Act (FOIP Act)…

New Challenges for Old Laws: B.C. Court Considers Employee Misuse of Social Media

January 29, 2015

The Supreme Court of British Columbia’s ruling in Kim v. International Triathlon Union (International Triathlon Union) is the first reported court decision to consider termination of a non-union employee for postings made on a social media platform. By contrast, labour arbitration decisions addressing the discharge of unionized employees for misuse of social media have become common over the past several…

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