ArticleThe SCC Monitor (19/04/2016)Since our last post, the Supreme Court of Canada (SCC) has granted leave in a couple significant cases that will be of interest to our readers:CanadaLitigation, Mediation & ArbitrationMcCarthy Tétrault
ArticleCDIC Proposes Amendments To Deposit Insurance Disclosure Rules: What Member Institutions Should KnowThe Canada Deposit Insurance Corporation (“CDIC”) has proposed amendments (the “Amendments”) to the Canada Deposit Insurance Corporation Deposit Insurance Information By-law (the “By-law”) that would change...CanadaMedia, Telecoms, IT, EntertainmentMcCarthy Tétrault
ArticleDemystifying Contest Laws In CanadaThis article provides an overview of contest regulation in Canada, including the relevant legal frameworks and primary considerations surrounding each.CanadaMedia, Telecoms, IT, EntertainmentGowling WLG
ArticleDon't Congratulate #TeamCanada At #Rio2016: Olympic Social Media Rules In CanadaWith the Rio Olympics well underway, Canadian brands need to be aware of the "do's and don'ts" of advertising and social media content involving the Olympics and Olympic athletes.CanadaMedia, Telecoms, IT, EntertainmentNorton Rose Fulbright Canada LLP
ArticleDouez v Facebook: Supreme Court Refuses To Enforce Choice Of Forum Clause Against Consumer Class ActionIn Douez v Facebook, a badly-divided Supreme Court declined to enforce the forum selection clause in Facebook's website terms of use. In the course of its decision, a majority of the Supreme Court... CanadaMedia, Telecoms, IT, EntertainmentFasken
ArticlePrivacy Commissioners Issue Report On Clearview AI's Facial Recognition ToolThe use of a facial recognition tool by Clearview AI, Inc. was the subject of an investigation by the privacy commissioners of Alberta, British Columbia and Quebec and their federal counterpart.CanadaPrivacyBennett Jones LLP
ArticleToo Late Now To Say Sorry?: Rethinking Personality Rights In The Era Of Dupes And DeepfakesA recent incident involving a Justin Bieber impersonator at a Las Vegas nightclub illustrates how quickly identity can be leveraged.CanadaTechnologyGowling WLG
ArticleLa responsabilité des plateformes en ligne, un enjeu peu présent au QuébecL'Union européenne s'est récemment prononcée sur le rôle que devraient jouer les plateformes pour lutter contre le contenu illicite en ligne. CanadaPrivacyFasken (French)
ArticlePlaying By The Rules: Legal Considerations Concerning Promotional Contests In CanadaContests (i.e. a game of skill, chance, or mixed skill and chance) are useful marketing tools that individuals and organizations often employ to promote their goods, services, or other commercial interests.CanadaAntitrust/Competition LawAlexander Holburn Beaudin + Lang LLP
ArticleEffects Of The COVID -19 Pandemic On Students And Practical Tips For EducatorsOn May 5, 2023, the World Health Organization (WHO) downgraded the COVID-19 pandemic and announced that it no longer qualified as a public health emergency of international concern.CanadaCoronavirus (COVID-19)Borden Ladner Gervais LLP
ArticleAdapting To New Communications Tools In The WorkplaceA study published in 2015 revealed that 44% of the time spent by employees on the internet is for personal reasons, which represents 50 minutes per day per employee.CanadaEmployment and HRLanglois Avocats
ArticleSaucy Tweet Results In For Cause Termination Of EmployeeFastenal Canada terminated B.C. employee Hussien Mehaidi for expressing his outrage on Twitter for the company's Christmas gift of Gets Sauced BBQ sauce and a company branded wooden scraper.CanadaEmployment and HRRoper Greyell LLP
ArticleSocial Media And The Impact On Employment RelationsThe internet and the opportunities created by social media for business present many new challenges for employers and those involved in management of organizations.CanadaEmployment and HRDentons Canada LLP
ArticleFinally! Health Canada's New Guidance On The Distinction Between Advertising And Other Activities Is Now AvailableOn July 31st, 2023 Health Canada published the long-awaited new guidance on the distinction between advertising and other activities for health products.CanadaFood, Drugs, Healthcare, Life SciencesFasken (French)
ArticleImpersonation in Social MediaThere are many potential pitfalls for companies that choose to be active on social networking sites. One such pitfall is social media impersonation. CanadaIntellectual PropertyBlake, Cassels & Graydon LLP
ArticleCourt Grapples With Fake Electronic Evidence And Zoom Imposter WitnessElectronic evidence is subject to manipulation, as is the testimony – or even identity – of witnesses appearing remotely.CanadaLitigation, Mediation & ArbitrationGardiner Roberts LLP
ArticlePro-life Group's Defamation Claim Against "Online Protestor" Allowed To ProceedSocial media continues to be a fertile ground for the development of the law. Social media has become a tool for significant political debate and a place where political foes rally...CanadaLitigation, Mediation & ArbitrationGardiner Roberts LLP
ArticleCRTC Announces Three-Phased Public Consultation Plan To Implement The Online Streaming Act In CanadaOn May 8, 2023, the Canadian Radio-television and Telecommunications Commission (CRTC) unveiled its three-phased regulatory plan (the "Regulatory Plan") to consult with the public...CanadaMedia, Telecoms, IT, EntertainmentGoodmans LLP
ArticleFew "Likes" For Facebook Forum Selection Clause: Supreme Court Finds "Strong Cause" To Not Enforce Forum Selection ClauseElectronic terms of service govern billions of relationships worldwide, whether a user is joining a social media service, shopping online or accessing a blog.CanadaMedia, Telecoms, IT, EntertainmentMcCarthy Tétrault
ArticleIndustrial Designs: Protecting Graphical User Interfaces – A Primer for Social Media EntrepreneursThis post is directed to entrepreneurs and developers who are building platforms incorporating features of social media networks, or building their own social media technologies, regarding design protection requirements in Canada.CanadaMedia, Telecoms, IT, EntertainmentNorton Rose Fulbright Canada LLP