Articles 2019

Today
Today

Exploring Open Government in Contracting and Procurement

  • January 10, 2018
  • Jordan Greenwood

Open Government and open contracting in the procurement context have created a paradigm shift in how information is managed and disclosed at all levels of government. This shift will have an impact on lawyers representing private sector clients who wish to obtain procurement contracts from public sector institutions.

Privacy Law
Supreme Court Takes a Stance on Internet Privacy

Supreme Court Takes a Stance on Internet Privacy

  • July 06, 2017
  • Agatha Suszek

On June 23, 2017, the Supreme Court of Canada took a step toward repairing the inequality of bargaining power between parties in the online consumer context. In Douez v Facebook, the Supreme Court ruled that Facebook’s forum selection clause in its “terms of use” was unenforceable because (1) it supported unequal bargaining power between consumers and companies and (2) there was a need to protect the privacy rights of social media users.

Privacy Law

Building a foundation for data-collection under MAID

  • July 04, 2017

Too onerous, too cumbersome, and possibly not quite respectful enough of privacy, are some of the responses from the CBA’s End of Life Working Group to a Health Canada consultation on a monitoring regime for those seeking a doctor’s assistance to end their lives.

Health Law, Privacy Law
Privacy Breach Litigation: Understanding the Consequences for Your Organization

Privacy Breach Litigation: Understanding the Consequences for Your Organization

  • May 24, 2017
  • Howard Simkevitz and Danielle Wolfenden

With the rise in the collection, use and disclosure of personal information and personal health information across organizations, the prevalence of privacy breaches, and the recognition of common law privacy torts in Ontario, organizations increasingly face legal, financial and reputational consequences from personal information handling practices. This article considers how this evolving area of law may inform an organization’s internal risk management program.

Privacy Law
Federal Court of Canada finds PIPEDA has Extraterritorial Application

Federal Court of Canada finds PIPEDA has Extraterritorial Application

  • February 21, 2017
  • Roland Hung and Lucas Versteegh

The Federal Court of Canada recently affirmed the application of PIPEDA to a foreign-based website operator. While PIPEDA has been applied to foreign companies before, the decision in A.T. v Globe24h.com and Sebastien Radulescu is the most explicit statement on the issue of extraterritorial application to date.

Privacy Law
Cybersecurity in Canada: Trends and legal risks 2017

Cybersecurity in Canada: Trends and legal risks 2017

  • February 14, 2017
  • Alex Cameron

Recent landmark legislative amendments, regulatory activity, and an unprecedented increase in privacy litigation, damage awards, and class action certifications are among the key trends and legal risks in the Canadian cybersecurity environment. In this must-read article, Alex Cameron examines these trends and key developments to watch in the coming year.

Privacy Law