In this day in age, data breaches are common. Digital extortionists will use sophisticated techniques to obtain confidential and private information of millions of individuals from well-known platforms like Yahoo and Shopify. If you are a victim of such an attack, the question becomes: what damages are you entitled to? Unfortunately, a recent decision by Justice Perell (a well-respected respected Judge in Ontario) demonstrates that, absent tangible, quantifiable harm, victims will not receive much relief.…
On August 20, 2021 the Medical Officer of Health for Toronto issued a “strong recommendation” that every local business implements a COVID-19 vaccination policy.  The City of Toronto has also provided guidance on the key components of such a policy. On August 24, 2021, O. Reg 364/20, Rules for Areas at Step 3 and at the Roadmap Exit Step was issued and requires any business or organization open for business to operate “in compliance…
As a cross border firm, we are legally “bilingual”. Meaning, we translate and interpret the requirements of U.S., Canadian, EU and other international privacy requirements into a comprehensible format for our clients. For example, from the Canadian perspective, we focus on “personal information”, from the EU perspective, the focus is on “personal data”, and both of those are substantially different from the U.S. concept of personally identifiable information (“PII”).  It is important to understand that…
The province of Alberta has joined the Canadian Federal Government and a number of the other Canadian provinces, proposing to update its privacy laws. Currently, Alberta’s legal privacy framework includes the Personal Information Protection Act (PIPA) and the Freedom of Information and Protection of Privacy Act (FOIP). These laws govern the collection, use, and disclosure of personal information of residents of Alberta. In Alberta, personal information can include, for example, a person’s name, home, or…
As of July 5, 2021, corporations incorporated under Ontario’s Business Corporations Act will no longer be required to have at least 25% of directors be resident Canadians. Effective July 5, 2021, subsection 118(3) of Ontario’s Business Corporations Act (“OBCA”) will be repealed, with the effect that corporations incorporated under, or continued into Ontario under the OBCA, will no longer be required to have any resident Canadians on their Board of Directors. Prior to July 5,…
What happened? The Quebec Government made waves when they tabled Bill 96 – An Act respecting French, the official and common language of Quebec, on May 13, 2021. The bill amends the province’s Charter of the French Language by instituting some broad and significant changes to Quebec’s language laws. Once passed, Bill 96 would affirm French and significantly strengthen French as the first language of commerce in Quebec. Some changes might seem innocuous at first,…
In Prowse v. Noroozi 2021 ONSC 3099 (CanLII), Justice McCarthy of the Superior Court of Justice recently granted summary judgment for $806,380.59 against a purchaser of a luxury home in King City (the “Property”) in an aborted real estate transaction. The facts in Prowse v. Noroozi are not uncommon.  The sellers listed the Property on March 15, 2017 for $2,600,000.00.  On the same day, the parties entered into an Agreement of Purchase and Sale for…
The date a limitation period begins depends on when the claim was discovered. The recent decision of the Ontario Court of Appeal in Kaynes v. BP, PLC clarifies the law of discoverability under the Limitations Act, 2002, S.O. 2002, c. 24 (the “Act”) concerning claims for fraudulent misrepresentation. Overview The defendant, BP PLC (“BP”), is a UK petroleum company whose securities trade on international stock exchanges. The plaintiff, Peter Kaynes (“Kaynes”), is an Ontario resident…
Starting in 1997, the Supreme Court of Canada (“SCC”) has rendered a series of decisions that have progressed from the imposition of a duty of good faith and fair dealing on the employer, at the time of an employee’s dismissal, towards a duty of good faith and fair dealing in the overall employment relationship. In 1997, the SCC decided in the wrongful dismissal case of Wallace v. United Grain Growers Ltd., [1997] 3 SCR 701,…
On Monday, April 19, 2021, Canada’s Deputy Prime Minister and Minister of Finance, Chrystia Freeland, released the first official budget in the past two years, titled, Federal Budget 2021: A Recovery Plan for Jobs, Growth, and Resilience (the “Budget”).  The Budget proposed over $100 billion in spending, and, among the more significant measures, the Budget proposes extending the Canada Emergency Wage Subsidy (CEWS) and the Canada Emergency Rent Subsidy (CERS), and Lockdown Support through September 2021.  The…