McInnes Cooper Privacy lawyer David Fraser on the impact of the Supreme Court of Canada’s recent privacy decision on proposed federal Cyberbullying law

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…

On June 21, 2024, the Supreme Court of Canada concluded – decisively - that the Canadian Charter of Rights and Freedoms applies to protect the…

The Canadian Security Intelligence Service (CSIS) has been looking for a new production order power; it’s on its way.  The role of CSIS is to…

An increasing number of municipalities in Canada are using public video camera surveillance to promote public safety and help deter crimes like…

On April 30, 2024, the Ontario Divisional Court decided the victim of a serious cyber security incident was required to produce to privacy…

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…

Over four years after it began, the federal government still hasn’t finalized its overhaul of the private sector privacy law regime that both…

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…

The benefits to employees, and often to employers, of remote work has made it a staple of today’s workplace. But the move to remote work…

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…

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 June 16, 2022, the federal government took a second shot at a complete overhaul of the private sector privacy law regime that both protects…

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…

Updated March 4, 2022. Privacy is critical to every business in every sector, including startups and growing businesses: to comply with the…

Using social media influencers and micro-influencers is an increasingly effective marketing strategy. Social media use is pervasive; 94% of…

We updated this publication on June 30, 2022. NOTE: On June 16, 2022, the Government of Canada introduced Bill C-27:  Digital Charter…

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

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.

Organizations subject to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) – those that collect, use or…

On February 14, 2019, the Supreme Court of Canada decided yet another criminal law decision that will likely have broader ramifications for…

On December 13, 2018, the Supreme Court of Canada confirmed that a third party can’t waive a person’s right to privacy or their rights under…

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,…

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

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

A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…

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,…

Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business…

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…

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

When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these…

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

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…

On November 7, 2013, the Supreme Court of Canda decided police require specific authorization in a search warrant to search the data in a…

On October 19, 2012 the Supreme Court of Canada (SCC) decided a teacher criminally charged with possession of child pornography and unauthorized…