CyberLex
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Tag Archives: litigation

Few “likes” for Facebook Forum Selection Clause: Supreme Court Finds “Strong Cause” to Not Enforce Forum Selection Clause

Posted in Class Actions, Privacy, Privacy Act, Social Media, Uncategorized

Electronic terms of service govern billions of relationships worldwide, whether a user is joining a social media service, shopping online or accessing a blog. In each case, a binding contract is formed, the terms of which are usually set out in the website’s “terms of service” . But when a contract is made over the… → Read More

Lenovo and Superfish: Proposed Class Action Proceeds on Privacy Tort and Statutes

Posted in Cybersecurity, Internet of Things, Privacy

A recent privacy decision regarding pre-installed software on laptops may have implications for companies operating not only in the traditional hardware space, but for those companies venturing into the burgeoning “Internet of Things” ecosystem. In short, an Ontario court declined to strike the common law and statutory privacy claims, suggesting that courts are at least… → Read More

Privilege and Privacy in the Context of Company Email: Recent Canada vs US Cases

Posted in E-Discovery

Peerenboom v Marvel Entertainment (2016 NY Slip Op 31957(U))  is drama-driven case in which the New York County Supreme Court afforded Toronto businessman Harold Peerenboom the right to obtain the private emails of Isaac Perlmutter, the CEO of Marvel Entertainment Inc (“Marvel”). Perlmutter had claimed privilege over the emails; Peerenboom – who ultimately prevailed –… → Read More

Deletion of Browser History to Prevent Embarrassment Not Spoliation

Posted in E-Discovery, Privacy

In Catalyst Capital Group Inc v Moyse, 2016 ONSC 5271 the Ontario Superior Court considered whether the defendant, Brandon Moyse, who deleted his Internet browsing history from his personal computer in the face of a preservation order, had intentionally destroyed relevant evidence, giving rise to spoliation.  Spoliation is an evidentiary rule that gives rise to a rebuttable… → Read More

When Loose Lips Will (or Will Not) Sink Ships: Privilege, Privacy and Wilfulness

Posted in Privacy, Privacy Act

The Background On July 26th, 2016, the Supreme Court of British Columbia released an interesting decision that addresses questions regarding: (1) the scope of privilege that applies to work done by lawyers in relation to judicial proceedings; and (2)  the interpretation of BC’s Privacy Act with respect to the requirements of “wilfulness” In Duncan v…. → Read More

Privacy injunctions in the age of the Internet and social media: PJS v News Group Newspapers

Posted in Privacy, Social Media

You’re a celebrity and had a threesome. Your partner wasn’t one of them. You want the affair to remain private. You go to a court in England where your family resides and get an interim injunction. It prevents the English press from publishing the tawdry details to protect your privacy and the privacy of your family…. → Read More

SCC to Consider Provincial Privacy Commissioner Powers to Compel Production of Privileged Documents

Posted in FIPPA/MFIPPA, Uncategorized

The Supreme Court of Canada is revisiting the issue of whether a privacy commissioner can force disclosure of documents where solicitor-client privilege is asserted. In 2008, the Supreme Court considered a privacy commissioner’s powers under Canada’s federal private sector legislation and concluded (in Canada (Privacy Commissioner) v. Blood Tribe Department of Health, 2008 SCC 44) that the… → Read More

Proposed Class Action Misses its “Target” in Quebec

Posted in Class Actions, Data Breach, Privacy, Quebec, Retailing

On March 23, 2015, the Superior Court of Québec (per Justice Pinsonnault) granted a motion by Defendant Target Corp. to dismiss a proposed class action related to the 2013 data breach that affected millions of customers in the U.S. and allegedly many hundred thousand in Canada, on the grounds that the Courts of Québec lacked… → Read More

Intrusion Upon Seclusion Part 2: Implications for Businesses Across Canada

Posted in Privacy

Intrusion Upon Seclusion Part 2: Implications for Businesses Across Canada Recently, my colleagues Sean Griffin and Ann-Elisabeth Simard considered the Evans v Bank of Nova Scotia (“Evans”) decision wherein the Ontario Supreme Court (the “Court”) certified a class action proceeding for allegations concerning a breach of privacy rights through the tort of intrusion upon seclusion… → Read More