Western Canada Business Litigation Blog

Category Archives: Privacy

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Canada’s Anti-Spam Law Adds Teeth, Leaves Potential Opening for Class Actions

Posted in Class Actions, Privacy
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Canada already has one of the world’s strictest regimes regulating commercial electronic messages, and, just in time for the country’s 150th birthday, the consequences for breach are about to get much more severe. On July 1, 2017, this regime will add additional teeth in the form of a private right of action, which could drastically… Continue Reading

SCC Underscores the Importance and Protection of Privileged Communications before Administrative Bodies

Posted in Privacy
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On November 25, 2016, the Supreme Court of Canada (the “SCC”) released two decisions that examine the protection of privileged communications before administrative bodies. The cases, which involve the Information and Privacy Commission of Alberta and Quebec’s Chamber de l’assurance de dommages, consider the ability of legislation to infringe on the established classes of solicitor-client… Continue Reading

SCC Rules Debtors Impliedly Consented to Disclosure of Mortgage Discharge Statement

Posted in Privacy
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On November 17, 2016, the Supreme Court of Canada (the “SCC”) released its decision in Royal Bank of Canada v. Trang, 2016 SCC 50. This case involved the proper interpretation of certain disclosure exceptions in the Personal Information Protection and Electronic Documents Act, S.C. 2000, c.5 (“PIPEDA”). Writing for a unanimous court, Justice Côté overturned… Continue Reading

The statutory tort of Breach of Privacy

Posted in Privacy
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Privacy is important. It is a matter of much current debate as changes in technology and the law arguably makes it more difficult to maintain and protect. Does the internet make privacy impossible? Is the passage of Bill C-51 a threat to individual privacy? Is the escalating use of drones a privacy concern? The answers… Continue Reading

Failure to comply with the new Canadian anti-spam legislation (CASL) can cost you

Posted in Privacy
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In a recent decision from the Canadian Radio-television and Telecommunications Commission (CRTC), Plentyoffish Media Inc. was fined $48,000 for violating Canada’s anti-spam legislation. This announcement comes only weeks after Compu-Finder was hit with a $1.1 million fine, which was the first fine levied after CASL came into effect in July 2014. Plenty of Fish, a… Continue Reading