Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 17 NOVEMBER 2016

Privilege And Privacy In The Context Of Company Email: Recent Canada Vs US Cases

McCarthy Tétrault
McCarthy Tétrault
Contributor
McCarthy Tétrault

McCarthy Tétrault

Built on a unique model of collaboration, innovation and efficiency, McCarthy Tétrault delivers...

View firm profile
Explore more from McCarthy Tétrault

Peerenboom v Marvel Entertainment (2016 NY Slip Op 31957(U)) is drama-driven case in which the New York County Supreme Court afforded Toronto businessman Harold Peerenboom the right to obtain the private emails...

CanadaPrivacy
CyberLex Blog
CyberLex Blog
Author LinkedIn connections

Peerenboom v Marvel Entertainment (2016 NY Slip Op 31957(U)) is drama-driven case in which the New York County Supreme Court afforded Toronto businessman Harold Peerenboom the right to obtain the private emails of Isaac Perlmutter, the CEO of Marvel Entertainment Inc ("Marvel"). Perlmutter had claimed privilege over the emails; Peerenboom – who ultimately prevailed – argued that Permutter had sent them via his work email server and in doing so, had thereby waived privilege.

The Factual Background

The dispute between the two men centered on the management of the tennis club at the individuals' exclusive compound in Palm Beach, Florida, where both men vacation over the winter. Following the dispute, anonymous letters defaming Peerenboom (and falsely accusing him of child molestation and murder) were sent to persons living and working at the luxury condominium complex where the two men reside.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Implications Of Bill C-34, Canada’s Proposed Online Safety Framework, For Organizations

Canada's proposed Digital Safety Act introduces sweeping new obligations for social media platforms, AI chatbots, and interactive online services, requiring operators to protect children, mitigate harmful content, and implement age-verification measures. Organizations face substantial penalties of up to 5% of global revenue for non-compliance, backed by a new federal regulator with broad enforcement powers. What steps should your organization take now to prepare for this emerging regulatory framework?
CanadaPrivacy
MLT Aikins LLP
MLT Aikins LLP
Article

OPC Issues New PIPEDA Guidance On Assessing Third-Party Service Providers

Canada's privacy regulator has released new draft guidance establishing comprehensive due diligence standards for organizations evaluating third-party service providers under PIPEDA. The framework introduces eleven best practices covering everything from data flow mapping and AI training data sourcing to vendor lock-in risks and ongoing monitoring obligations, signaling heightened expectations for privacy accountability in vendor relationships.
CanadaPrivacy
Bennett Jones LLP
Bennett Jones LLP
Article

Gloves Off: Canada Answers U.S. Section 338 Tariffs Dollar-for-Dollar As Washington Escalates With Import Bans

Canada and the United States have entered a new phase of trade conflict, with Canada implementing retaliatory surtaxes on C$27.6 billion of U.S. goods while the United States escalates beyond tariffs to outright import prohibitions on Canadian alcohol, dairy products, and motorcycles. The dispute now extends into government procurement policy, raising questions about compliance strategies and supply chain restructuring as both nations tighten customs enforcement.
CanadaInternational Law
McCarthy Tétrault
McCarthy Tétrault
Article

Federal Government Removes Certain Energy Projects From The Impact Assessment Act Project List

The Canadian government has removed seven types of energy projects from federal impact assessment requirements, shifting review responsibilities to the Canada Energy Regulator and provincial processes. This regulatory change affects pipelines, electrical transmission lines, oil sands facilities, and power plants, fundamentally altering how major energy infrastructure projects will be evaluated and approved across Canada.
CanadaEnvironment
McCarthy Tétrault
McCarthy Tétrault
Article

Canada Commits To Airport Privatization Through Long-Term Concessions For Its Four Largest Airports

The Canadian federal government has announced a firm commitment to privatize operations at the country's four largest airports through long-term concessions, marking a decisive shift from earlier exploratory discussions. Prime Minister Mark Carney revealed that while the government will retain ownership of airport lands and assets following the Australian leased-airport model, private investment will be sought to operate Toronto Pearson, Vancouver, Montreal-Trudeau, and Calgary international airports.
CanadaTransport
McCarthy Tétrault
McCarthy Tétrault
Article

Productivity Mega Deduction: Key Tax Measures Announced At The Canada Investment Summit

Canada has introduced a permanent Productivity Mega Deduction allowing immediate expensing of up to 100% of eligible capital property costs and Canadian development expenses acquired after September 15, 2026. This measure aims to boost business investment and strengthen Canada's tax competitiveness by expanding immediate expensing eligibility from 15% to approximately two-thirds of capital investments, while reducing the country's marginal effective tax rate to 6.4%.
CanadaTax
McCarthy Tétrault
McCarthy Tétrault
Article

Foreign Investment Law & National Security: Doing Business In Canada 2026

Canada's foreign investment review regime under the Investment Canada Act establishes two distinct processes: a net benefit review for investments exceeding prescribed financial thresholds, and a national security review applicable to any investment involving Canadian operations. Understanding these mechanisms is critical for global investors seeking to navigate mandatory approvals, timing considerations, and potential conditions or prohibitions.
CanadaInternational Law
McCarthy Tétrault
McCarthy Tétrault
Article

Changing Lanes: Canada Proposes To Replace Its ZEV Sales Mandate With Technology-neutral Emission Standards

Canada is proposing to eliminate its federal zero-emission vehicle sales mandate and replace it with technology-neutral greenhouse gas emission standards. The shift comes amid declining EV sales, affordability concerns, and trade uncertainty with the United States, raising questions about how the automotive industry will balance climate goals with market realities. What will this regulatory transformation mean for manufacturers, consumers, and Canada's electrification timeline?
CanadaEnvironment
McCarthy Tétrault
McCarthy Tétrault