In ES v Shillington[1], a decision issued last month, the Alberta Court of Queen’s Bench recognized the tort of Public Disclosure of Private Facts, a new cause of action that protects private information from public disclosure.[2] Formal recognition of this tort in Alberta marks an important development in the law, giving additional legal protection to individuals’ ...
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 ...
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 to these questions are varied and uncertain. But how does ...
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 held that ...
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 Nova Scotia became aware of a Fake ...
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 ...
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 up across the country in ...
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 licence to ...
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 personal data and communications. The danger in ...
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This blog is authored by members of the Litigation and Dispute Resolution Department. We follow new and interesting issues emerging in the legal and business communities. The wide range of experience among the members of our litigation group will provide a diverse and insightful examination of current legal trends and topics. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.
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