Explicit Videos and Peeping Tom Drones – Emerging Torts in the Twenty First-Century
Judges and lawmakers are slowly becoming more adept at dealing with new technologies. Individuals who invade the privacy of others may now face not only criminal penalties, but also exposure to payment of significant damages to their victims.
Auditors Liable for Failing to Catch Livent Fraudulent Activity
Livent Inc., the infamous live entertainment creation of Garth Drabinsky and Myron Gottlieb, has successfully sued its auditors for failing to detect the fraudulent activities of its senior management.
Construction Dispute Gridlock – Is Relief in Sight?
We are now only a few months away from the release of a comprehensive report examining the effectiveness of Ontario’s Construction Lien Act. On March 28, 2014, the Ontario government announced an independent analysis of the current construction lien regime, with a view to address a wide array of concerns – including promoting prompt payment and an analysis of the effectiveness of existing dispute resolution mechanisms under the Act. The aim is to modernize the Act to promote better efficiency and effectiveness.
Hryniak: Two years later – The multiple applications of ‘that summary judgment case’ from the Supreme Court of Canada
In January 2014, the Supreme Court of Canada released its decision in Hryniak v Mauldin and called for a ‘culture shift’ in the approach to summary judgment and the civil justice system more generally. With the ambitious goal of reducing protracted, costly litigation that undermines access to justice – all the while ensuring the fair and just adjudication of disputes – it is surprising that Hryniak has not
garnered more attention.
The Art of Battling Giants: Nelligan O’Brien Payne LLP Client Awarded $11 Million Judgment Following Six-Week David and Goliath Trial
In a 70 page decision released on December 17, 2014, the Ontario Superior Court of Justice, awarded damages in the amount of $11 million to Nelligan O’Brien Payne’s client, Rougemount Capital Inc., for breach of contract in Rougemount Capital Inc. v Computer Associates International Inc., 2014 ONSC 7070.
Digesting Canada’s Tough New Anti-spam Laws
Most Canadians are certainly in favour of reducing unwanted spam in their mailboxes, but Canada’s new anti-spam law (CASL) has been met with hesitation by both businesses and consumers. There are concerns however, that CASL won’t be effective in combatting the most insidious sources of spam, which often originates outside of Canada. There are also concerns that CASL’s broad provisions will be onerous on Canadian businesses, and that the law is likely to be found unconstitutional, but there really hasn’t been much written on why that is. This post explores these concerns through an international perspective on the fight against spam. When viewed in this context, CASL can be seen in a different light.