In-House Counsel
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July 30, 2024
Competition Bureau to host conference on competition and artificial intelligence in September
The Competition Bureau has announced that it will be hosting a summit this September on an artificial intelligence (AI) and competition featuring a virtual keynote address by U.S. Federal Trade Commission chair Lina Khan.
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July 30, 2024
B.C. Court of Appeal opens the door to cyberbreach class actions
The B.C. Court of Appeal (BCCA) has determined it may be arguable that a data custodian who suffered a cyberattack committed the statutory tort of willful violation of privacy. Two recent B.C. decisions indicate a clear shift in cyberbreach cases that will probably encourage class action litigation.
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July 29, 2024
‘One would think’ people should be very concerned about impact of Ontario Place ruling, lawyer says
People may soon be seeing activity at Ontario Place after a judge rejected a constitutional challenge of legislation to fast-track construction of the controversial redevelopment project.
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July 29, 2024
B.C. Court of Appeal declines to strike novel claim against McKinsey in opioid class action
British Columbia’s top court has declined to strike a negligent misrepresentation claim against global consulting firm McKinsey & Company in a class action concerning its alleged role in promoting opioids in Canada and its failure to warn users of the known risks of the drugs.
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July 29, 2024
Ontario (Attorney General) v. Restoule: What it means to Indigenous beneficiaries | Rob Louie
Within minutes of Canada’s top court rendering a unanimous decision regarding a potentially multi-billion-dollar case involving the Red Rock First Nation Band of Indians, the Whitesand First Nation Band of Indians and members of the Ojibewa (Anishinaabe) Nation, who are beneficiaries of the Robinson‐Huron Treaty of 1850, major media outlets were vying to have their story rolled out first.
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July 26, 2024
SCC’s 9-0 judgment on interpreting historic treaties a big win for First Nations, their counsel say
Live up to the honour of the Crown and its “sacred” treaty promises — or the courts will step in. That might sum up the message from the Supreme Court of Canada to the defendant governments of Ontario and Canada in a multi-billion-dollar lawsuit by Anishinaabe First Nations, who ceded by treaty 174 years ago a huge swath of their traditional Northern Ontario territories only to have successive federal and provincial governments “dishonourably” flout that treaty by barely compensating the cash-strapped Indigenous communities while the Crown and big business reaped billions over the decades from the mineral, timber and other resources of the ceded lands.
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July 26, 2024
Federal Court of Appeal deals another blow to cities’ efforts to derail huge CN container facility
The Federal Court of Appeal has dismissed an appeal challenging the approval of the location for railway lines related to a contentious Canadian National Railway Company (CN) logistics hub proposed to be set up in Milton, Ont.
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July 26, 2024
Supreme Court refuses leave to appeal $1.7M CBC defamation decision
The Supreme Court of Canada has effectively affirmed a Manitoba Court of Appeal decision last year that rejected a $1.7 million defamation award against the Canadian Broadcasting Corp. (CBC).
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July 26, 2024
Who’s liable when AI chatbot tells customer to phone a scammer?
Use of AI chatbots as an alternative to traditional customer support has dramatically increased over the last few years. Their appeal is understandable in that these artificial intelligence programs are able to provide rapid and coherent answers to client questions thereby cost-effectively reducing a company’s need for human customer support staff. However, and despite their widespread adoption, owner liability for false or misleading statements made by a chatbot remains uncharted territory.
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July 25, 2024
Burying termination provision in a confidentiality clause voids executive employment contract
Executive employment contracts, particularly for C-suite executives of organizations, can be lengthy and complex. A well-drafted, thorough contract may deal with a great number of different matters, including compensation, performance expectations, post-employment obligations, termination and others, which may not always interact.