Western Canada Business Litigation Blog

Tag Archives: Privacy

SCC Rules Debtors Impliedly Consented to Disclosure of Mortgage Discharge Statement

Posted in Privacy

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

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

BC Court of Appeal Acknowledges Independence of the Bar as a Principle of Fundamental Justice

Posted in Fraud

In October 2011 I wrote about the BC Supreme Court decision in Federation of Law Societies of Canada v. Canada (Attorney General), 2011 BCSC 1270 in which the Court held that provisions of the federal Proceeds of Crime (Money Laundering) and Terrorist Financing Act and related Regulations were constitutionally inapplicable to lawyers.  Specifically, the Court… Continue Reading

Facebook Defamation Case Heard by the Supreme Court of Canada

Posted in Defamation

This post was submitted by Lawson Lundell guest author, Toby Kruger. On May 10, 2012, Marko Vesely and Toby Kruger appeared at the Supreme Court of Canada on behalf of the British Columbia Civil Liberties Association (“BCCLA”) in A.B. by her Litigation Guardian, C.D., v Bragg Communications. In this case, a 15 year-old girl (A.B.) in… Continue Reading

Security Trumps Privacy

Posted in Commercial

This post was submitted by Lawson Lundell guest author Euan Sinclair, Director, Knowledge Management. The titanic legal battle over the soul of Alberta’s Personal Information Protection Act took a new twist recently, when the Supreme Court of Canada refused the Alberta Information and Privacy Commissioner’s application for leave to appeal the Alberta Court of Appeal’s… Continue Reading

Lawson Lundell’s Marko Vesely quoted in Vancouver Sun Voicemail Hacking Article

Posted in Defamation, Miscellaneous

The voicemail hacking scandal that brought down News of the World has raised questions about voicemail safety around the world. Gillian Shaw at the Vancouver Sun spoke to Lawson Lundell’s Marko Vesely to hear his thoughts on how these actions violate B.C.’s privacy act and Canada’s criminal code. Since then, the article has been picked… Continue Reading

Privacy vs. Security in Alberta

Posted in Commercial, Fraud

This post was submitted by Lawson Lundell guest author Euan Sinclair, Director, Knowledge Management. In the absence of a national identity card, many Canadians are routinely required to use their driving licences to prove their identity in the course of business, commerce or travel. But when is it lawful for organizations to record information from the… Continue Reading

WiFi and Breach of Privacy

Posted in Civil Procedure, Defamation, Fraud

No day goes by without some new internet peril being drawn to our attention.  The most recent evil is an internet based program called Firesheep.   Like others (i.e. Wireshark, Tshark, Snort, Nmap, etc.), this program, a free download on the internet, allows users to troll cyberspace for open WiFi networks and, by doing so, access… Continue Reading