The Supreme Court of Canada has substantially broadened the application of the doctrine of unconscionability and its application to contracts of adhesion. The result is a further elevation of the role of reasonable expectations in determining the enforceability of contractual… Read More ›
Litigation
Quebec court refuses to certify Equifax class action
It is proving difficult for plaintiffs to get a data breach class action certified in Quebec. The latest attempt in Li c. Equifax inc., 2019 QCCS 4340 fell flat. The Quebec Superior Court refused to certify a class action arising… Read More ›
Settlement of $2.25 million approved in breach of PIPEDA case
On October 16, 2019, the Ontario Superior Court of Justice approved a settlement in Haikola v. The Personal Insurance Company, 2019 ONSC 5982. The case arose out of a complaint that the insurer was inappropriately collecting credit scores as part… Read More ›
Rights, remedies and the means to pursue them: Rouge Valley Health System case goes to appeal
Enthusiasts for the tort of intrusion upon seclusion as the new frontier for holding organizations and their employees to account for privacy-related wrongs were forced to step back and regroup after the Ontario Superior Court of Justice’s decision in Broutzas… Read More ›
Covert DNA data banks in Canada: Quebec Court of Appeal is split
“Is the state free to collect the DNA of persons under suspicion of criminal activity by tricking them into giving up their DNA, keeping those samples indefinitely and using them as they see fit, without any prior authorization and without… Read More ›
A “technical” violation counts under Illinois biometric law
A year ago, I wrote about how the Illinois Biometric Information Privacy Act set off a wave of private litigation in the United States. A key issue that was being litigated was whether a plaintiff could seek liquidated damages and… Read More ›
Just how narrow is the tort of intrusion upon seclusion?
Enthusiasts for the tort of intrusion upon seclusion as the new frontier for holding organizations and their employees to account for privacy-related wrongs will need to regroup after the Ontario Superior Court of Justice’s decision in Broutzas v. Rouge Valley… Read More ›
IoT security defects – are stronger consumer protection remedies required?
October is cybersecurity awareness month. So where are we in Canada on IoT security? The answer is that legal requirements are lagging technological developments. Although there have been some regulatory activity, it is slow-moving and consumers still do not have… Read More ›
IoT Security – Should consumers bear any responsibility?
A recent article in CSO (Australia edition) advised data security executives that “Users’ poor home IoT security could become your next headache”. This raises and interesting question. Where should we draw the line between a consumer’s responsibility to become technologically… Read More ›
Genetic predisposition and the law
This spring, concerns that Canadians may be inadequately protected against genetic discrimination bubbled up again. The Canadian Broadcasting Corporation reported on a commentary in the Canadian Medical Association Journal warning of risks if Canada’s Genetic Non-Discrimination Act was overturned. The… Read More ›