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On September 9, 2024, a unanimous Federal Court of Appeal decided consent is to be determined on an objective standard. In an unusual move, in…

Bill C-63, if passed, will create the hotly anticipated Online Harms Act to regulate certain online platforms, create new Criminal Code of…

On March 1, 2024, the Supreme Court of Canada decided a police request for disclosure of an IP address is a “search” under section 8 of the…

There’s a new scam on the web: Electronic Fund Transfer (EFT) scams. Most are familiar with established scams like phishing and ransomware and…

Canada’s first Tech Talent Strategy aims to aggressively attract tech talent to “fuel innovation and drive emerging technologies forward”.…

You arrive at the legendary Madison Square Garden to catch the Mariah Carey concert. It’s the big event of the trip – the reason you came to…

On January 26, 2023, the Office of the Privacy Commissioner of Canada (OPC) released a report of findings requiring companies using targeted…

In November 2022, the Ontario Court of Appeal definitively decided an organization whose information systems are breached by a malicious third…

If you’re at the stage in the financing lifecyle where venture capital is the right route to grow your business, here are five tips to help…

There’s a new privacy law coming to Canada. In June, the federal government introduced a complete overhaul of the privacy law regime that both…

On May 22, 2010 (affectionately known as “Bitcoin Pizza Day”), a Floridian bought two Papa John's pizzas with Bitcoin. The day is famous…

On April 14, 2022, the New Brunswick Court of Appeal released its decision in Royal Bank of Canada v. Estate of Susan Lynn Williams, revisiting…

More and more people are using smart contracts: the global smart contracts market was valued at USD $145M in 2020; it’s projected to be valued…

Updated October 7, 2024. The name of the game is to have a plan to mitigate the risk that a data breach will happen – but be ready when it…

On July 28, 2021, the Supreme Court of Canada issued a decision protecting the status of the Companies’ Creditors Arrangement Act (CCAA) as a…

Your startup idea has blossomed into a viable business: you’ve incorporated a company, it’s been growing steadily, and you’re at the stage…

We updated this publication on July 11, 2023. Spurred by the COVID-19 Pandemic and bricks-and-mortar closures, businesses – from SMEs to…

On October 2, 2020, the Supreme Court of Canada clarified the existence and application of the anti-deprivation rule in Canadian bankruptcy law.…

This publication has been updated as of May 5, 2021. The ongoing COVID-19 pandemic has led many employees to continue working from home, by…

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller, a much-awaited decision regarding the enforceability of…

The financial technology (Fintech) industry uses technology to support and enhance financial and banking services.

The Supreme Court of Canada recently released a much-awaited decision regarding the Companies’ Creditors Arrangement Act (CCAA). The CCAA is…

Updated July 10, 2024. If you “own” a company incorporated under either the Canada Business Corporations Act or under the corporate…

Updated July 8, 2024. Every organization subject to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA, soon to…

Updated June 28, 2024. As of November 1, 2018, organizations in Canada subject to the Personal Information Protection and Electronic…

Most businesses – from startups to SMEs to multi-nationals, and from private family-owned businesses to public corporations – will use…

Updated September 26, 2024. Businesspeople (and their legal counsel) are on the road more than ever before: according to Statistics Canada,…

Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…

Whether a provincial court will grant police a “production order” under the Criminal Code of Canada requiring a non-Canadian company to…

Blockchain technology has already been a transformative force in a number of sectors. Its most prominent use to date has been as the…

Corporations are the leading business vehicle in modern commerce. For startups, properly structuring and incorporating is critical to avoid…

On October 27, 2017, the Supreme Court of Canada confirmed that a bank that pays out on a fraudulent cheque has the protection of section 20(5)…

Intellectual Property (IP) can be a valuable asset – even the most valuable asset – of a business. So it’s worth making sure the business…

Recently, the Federal Court of Appeal confirmed that a tax debtor’s bankruptcy does not extinguish the federal Crown’s priority to proceeds…

In the not-so-distant past, Canadian enforcement of its anti-corruption and anti-bribery legal regime has been relatively laid-back. But the…

When growing your business, you face many decisions, including choosing the business structure that is right for you. Your legal team can be…

On June 28, 2017, the Supreme Court of Canada confirmed a Canadian court can issue an interlocutory injunction (an order requiring an entity or…

On June 23, 2017, the Supreme Court of Canada decided that in a contest between the choice of forum clause in Facebook’s online terms of use…

On June 7, 2017, the federal government repealed the regulations that would have brought into effect the sections of Canada’s Anti Spam…

Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely…

Updated January 29, 2024. Most organizations (72%) store the personal information of customers. employees, suppliers, vendors or partners,…

Updated February 7, 2024. We live in a world of change. New ideas and new industries are rapidly developing and the list keeps growing: tidal…

On November 17, 2016 the Supreme Court of Canada decided a mortgagee has the mortgagor’s implied consent to disclose its discharge statement…

We updated this publication on January 17, 2023. For many businesses, large and small, their “Intellectual Property” (IP) is one of their…

Business owners wear many hats – including employer. Your employees may be your business’s greatest asset, but they could also be your…

The condo real estate market, both retail and commercial, is hot. But condo developers and unit buyers need funding. Here’s the legal…

This publication has been updated as at April 18, 2022. Access to sufficient capital is always a business issue, from the startup stage right…

On January 21, 2016, the Ontario Superior Court of Justice dramatically expanded the scope of legal privacy protection – and the liability…

Hindsight is 20/20. Lawyers can’t always predict the outcome of a legal claim. But when a dispute between an investment client and their…

On March 3, 2015 Canada’s Privacy Commissioner determined that Health Canada breached privacy laws by mailing letters to over 40,000 Marihuana…

On March 5, 2015, the Canadian Radio and Television Commission (the CRTC, the main agency charged with administering and enforcing most of CASL)…

On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…

On January 15, 2015, the software provisions of Canada’s Anti-Spam Legislation (CASL) will take effect.  CASL’s anti-spam sections, touted…

The construction industry - project owners, contractors, subcontractors and trades - might be relaxing, ignoring the hype around Canada’s…

CASL’s anti-spam sections came into force on July 1, 2014. Every organization that CASL affects should now be complying with it – and their…

Most Canadians have heard about Canada’s Anti-Spam Legislation (CASL): we’ve been bombarded with “CASL Compliant” emails asking us to…

On June 13, 2014 the Supreme Court of Canada decided that Canadians have a reasonable expectation of privacy in their online activities, and…

The countdown to CASL is almost over: there are only 13 business days until the anti-spam provisions of CASL – and most of the penalties for…

On July 1, 2014 – less than two months from now - the anti-spam sections of Canada’s Anti-Spam Legislation (CASL) take effect. Individuals…

The countdown to CASL is on: on July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (“CASL”) take effect. Individuals…

On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) will take effect. CASL is: Broad. It applies…

On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) take effect. CASL will apply to just about every…

Updated June 5, 2024. A general security agreement (GSA) is the most common form of personal property security to secure commercial loans and…