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What Did You Expect? Supreme Court Of Canada's Highly Nuanced "Expectation Of Privacy" Analysis In R. v. Jarvis
On February 14, 2019, the Supreme Court of Canada decided yet another criminal law decision that will likely have broader ramifications for privacy law
28 Feb 2019
What Did You Expect? Supreme Court Of Canada's Highly Nuanced "Expectation Of Privacy" Analysis In R. v. Jarvis
The decision will likely generate a more nuanced discussion about expectations of privacy in places that are generally public.
26 Feb 2019
Can You Put Your Trust In A Henson Trust? That Depends, Says The Supreme Court Of Canada In S.A. v. Metro Vancouver Housing Corp.
On January 25, 2019, the Supreme Court of Canada considered, for the first time, "Henson trusts" and the nature of a disabled beneficiary's interest in them for the purposes of determining eligibility for social benefits programs.
4 Feb 2019
Future-Focused: N.S. Appeal Court Confirms Future CPP Disability Benefits Are Deductible From Future Income Loss Awards In MVA Claims In Holland v. Sparks
On January 18, 2019, the Nova Scotia Court of Appeal rendered its unanimous (5-0) decision in Holland v. Sparks, overturning a motion decision that carried significant consequences for the calculation of future income loss awards in Nova Scotia.
24 Jan 2019
It's Not Fake News: Supreme Court Of Canada Confirms Media Doesn't Get Special Protection From Production Orders In R. v. Vice Media Canada Inc.
On November 30, 2018, a majority of the judges of the Supreme Court of Canada decided the media doesn't get any special protection from the issuance of production orders without prior notice (a.k.a. ex parte) – yet.
6 Dec 2018
Supreme Court Of Canada Decides Federal Crown's Deemed Trust Priority For Unremitted GST/HST Doesn't Survive Bankruptcy In Canada v. Callidus Capital Corporation
Section 222 of the Excise Tax Act allows the Crown to claim a tax debtor's GST/HST arrears against a creditor that obtains proceeds from the debtor's assets.
30 Nov 2018
N.S. Court Of Appeal Offers 5 Key Insights Into The New N.S. Limitations Act's Saving Provision In Barry v. Halifax (Regional Municipality)
On October 11, 2018, the Nova Scotia Court of Appeal released its first decision considering the saving provision in Section 12 of Nova Scotia's new Limitations of Actions Act.
16 Oct 2018
Digital Privacy Act Mandatory Data Breach Response Obligations Effective November 1, 2018: 5 Key Focus Areas For Your Compliance Plan
Time is of the essence: every organization subject to Canada's PIPEDA – every organization that collects, uses and discloses personal information in the course of commercial activity in Canada – must ...
20 Aug 2018
Defining The Boundaries: Protecting Privacy & Privilege Of Digital Content @ The Canadian Border
And more business travellers run into digital device searches at the Canadian border.
14 Jun 2018
Jurisdiction Over Internet Defamation: Same Law, Different Facts In Haaretz v. Goldhar
On June 6, 2018, the Supreme Court of Canada considered the test for jurisdiction over an allegedly defamatory Internet article – the reputational effects of which can reach around the globe.
11 Jun 2018
Medical Marijuana: If You Can't Measure Residual Impairment, You Can't Manage Risk – And In A Safety Sensitive Position, That's Undue Hardship In Re Lower Churchill Transmission Construction Employers' Assn. Inc. And IBEW, Local 1620 (Tizzard)
As the target date for the legalization of recreational cannabis in Canada draws near, employers are feeling the heat to prepare for the workplace implications of recreational cannabis use.
11 Jun 2018
Don't Bother Asking: Supreme Court Of Canada Raises The Bar For Mandatory Injunctions In R. v. Canadian Broadcasting Corporation (CBC)
It remains to be seen just how, and even if, a mandatory injunction could be ordered outside of an application for a judgment.
16 Feb 2018
A Blast From The Past: Court Confirms The Crown Breached Its Fiduciary Duty To An Indigenous Community – In 1858 In Williams Lake Indian Band v. Canada
Over the past 15 years, most of the Supreme Court of Canada's decisions respecting Indigenous Peoples in Canada have revolved around the Crown's duty of consultation.
9 Feb 2018
The Legal Reality: Canadian Appeal Court Decides "Virtual Presence" Is Enough For Production Order For User Information Against Non-Canadian Company In British Columbia (Attorney General) v. Brecknell
Whether a provincial court will grant police a "production order" under the Criminal Code of Canada requiring a non-Canadian company to produce any of its records has, to date, depended on the province in which police seek it.
12 Jan 2018
A Lump Of Coal For Christmas: Supreme Court Of Canada Confirms Auditor Negligent & Liable For $40 Million In Livent v. Deloitte
Parents often threaten their children that if their behaviour did not improve they will get a lump of coal in their Christmas stockings.
2 Jan 2018
Balance Between Public & Operator Interests In Offshore Petroleum Resources Data Is Set: Supreme Court Of Canada Won't Hear Appeal In Geophysical Service Incorporated (GSI) v. Encana Corporation
On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated's (GSI) application for leave to appeal the decision of the Alberta Court of Appeal in Geophysical Service Incorporated...
1 Dec 2017
Two Constitutional Rights In One Decision: Supreme Court Of Canada Decision Tackles Freedom Of Religion & The Duty To Consult In Ktunaxa Nation v. British Columbia (Forests, Lands And Natural Resource Operations)
On November 2, 2017, the Supreme Court of Canada was faced with the Ktunaxa Nation's claim that a Ministerial decision to approve a project breached two of its Constitutional rights.
8 Nov 2017
Supreme Court Of Canada Confirms Cashing Banks Continue To Bear The Biggest Risk Of Fraudulent Cheques In Teva Canada Ltd. v. TD Canada Trust
The court saw that banks can spread the risk and loss, while a drawer could be a small business that could be bankrupted if required to bear the loss alone.
2 Nov 2017
The Federal Court Of Canada Puts The "Fair" In The Copyright Act's "Fair Dealing" Exceptions In Canadian Copyright Licensing Agency v. York University
On July 12, 2017, the Federal Court of Canada made it clear that there are but two ways to avoid a tariff set by the Copyright Board of Canada Board under Canada's Copyright Act:
18 Jul 2017
Steering Clear Of Personal Liability For Oppression: Supreme Court Of Canada Offers Guidance To Corporate Leaders In Wilson v. Alharayeri
A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course of action, ...
17 Jul 2017
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