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Thursday, October 26, 2017 @ 11:42 AM

Major concerns raised about Canada’s ‘overbroad, confusing’ anti-spam legislation Martin Kratz, Bennett Jones LLP

Parliamentarians are conducting a review of Canada's anti-spam legislation (CASL), and some legal experts say the law needs a major revamp to address concerns about its clarity and focus. ... [read more]

Thursday, October 26, 2017 @ 8:35 AM

The evolution of third party litigation funding in Canada

In Canada, limits on third party litigation funding have historically been imposed by the common law doctrines of maintenance and champerty. The concept of maintenance is “directed against those who, for an improper motive, often described as wanton or officious intermeddling, become involved with disputes (litigation) of others in which the maintainer has no interest whatsoever.” ... [read more]

Wednesday, October 25, 2017 @ 9:01 AM

Copyright Act review: Netflix, free streaming and the ‘monkey selfie’ copyright_review

It has been a relatively quiet year for copyright law in Canada, but it is ending with a relative bang with the statutory five-year review of the Copyright Act and the Creative Canada initiative. This article will take a brief look at both developments primarily through the lens of a lawyer who represents creators. ... [read more]

Wednesday, October 25, 2017 @ 8:48 AM

Prying eyes: Risk of employee ‘snooping’ and how to reduce it employee_snooping_sm

Privacy is an area of increased focus for many companies, given the media attention and class action lawsuits that can arise from significant privacy breaches. Although many companies focus their attention on preventing data breaches from malicious outsiders, such as hackers, organizations also have a duty to protect the information that they process and store from unauthorized access, use and disclosures by their own employees. ... [read more]

Tuesday, October 24, 2017 @ 8:35 AM

Backlash prompts Morneau to backtrack on proposed small business tax changes

Last week saw as many new tax changes, outside of a budget, as I can recall in my 30 years of practicing tax law. After burning as much political capital as possible and still facing a voter base in revolt, Finance Minister Bill Morneau announced multiple revisions to the federal government’s previously proposed changes to the small-business tax in Canada. They also offered a large carrot. ... [read more]

Thursday, October 19, 2017 @ 11:10 AM

False and defamatory Google business reviews? Maybe it's time to take action Google

There are ways — both non-litigious and litigious — to deal with reviewers, but a court in Australia has now made it easier to sue Google itself as a co-publisher in cases where the search engine has notice of false and defamatory statements and fails to remove them within a reasonable time. ... [read more]

Wednesday, October 18, 2017 @ 9:03 AM

The significance of ‘pipefill’ in two generic drug damages awards

In early 2017 the Federal Court issued decisions involving two significant damages awards under s. 8 of the Patented Medicines (Notice of Compliance) Regulations. An important component of these damages awards related to the concept of “pipefill.” ... [read more]

Tuesday, October 17, 2017 @ 2:01 PM

Canadian Wireless Telecommunications Association hires new vice-president

Eric Smith has joined the Canadian Wireless Telecommunications Association (CWTA) as its vice-president of regulatory affairs. ... [read more]

Tuesday, October 17, 2017 @ 8:39 AM

Director resignations and personal liability for corporate tax debts

The prospect that a corporate director may be held personally liable for corporate tax debts is the stuff of nightmares. The possibility exists, however, because the Canada Revenue Agency may look to the directors to collect a corporation’s unpaid HST or payroll taxes. ... [read more]

Tuesday, October 17, 2017 @ 8:29 AM

Human rights tribunals may be failing Arab, Muslim workers post-9/11 Muslim_complaints_sm

Review of cases in Canada reveals complaints of oversurveillance, double standards and stereotyping in the workplace, and suggests that the system isn't helping those who face discrimination, just as they need it the most. ... [read more]