Yesterday, Helen Aston and I spoke at IT.Can’s The 2003 Information Technology Law Spring Forum. Our topic was Representations, Warranties and Indemnities (in IT transaction) – A Primer. The slides we used as a conversation starter are shown below.
Representations, warranties and indemnities in IT transactions
June 19th, 2013 by Barry Sookman No comments »Implications of Canada’s Anti-SPAM Legislation (CASL) for IT Business
June 18th, 2013 by Barry Sookman No comments »Yesterday, Andre Leduc of Industry Canada, Lynn Perrault of the CRTC, along with Toronto IT lawyers Mike Fekete and Mark Hayes, spoke at IT.Can’s The 2003 Information Technology Law Spring Forum. Their topic was the Implications of Canada’s Anti-SPAM Legislation (CASL) for IT Business.
Andre Leduc, who was involved in the drafting of CASL and the Industry Canada regulations, provided some information about next steps with respect to bringing CASL into force. He stated that:
- Industry Canada has completed its analysis of feeback received on the second draft of the Industry Canada regulations. It is now considering options for the Minister. The Minister must approve the options. Then the options must be approved by Treasury Board.
Retirement of Mario Bouchard from Copyright Board
June 17th, 2013 by Barry Sookman No comments »Claude Majeau, Vice-Chairman & CEO of the Copyright Board just announded the retirement of Mario Bouchard, General Counsel of the Board. Here is a copy of the announcement:
Retirement of Mario Bouchard / Retraite de Mario Bouchard
After a fruitful career, including the last 23 years at the Copyright Board, Mr. Mario Bouchard, General Counsel of the Board, informed me of his decision to retire from the Federal public service, effective Monday, August 26, 2013.
Mr. Bouchard will cease to act as the Board’s General Counsel as of Monday, June 24, 2013, and will be assigned to specific duties until his retirement.
Internet pharmacies selling drugs to Americans illegal: Ontario College of Pharmacists v Global Pharmacy Canada
June 12th, 2013 by Barry Sookman No comments »The Ontario Court of Appeal confirmed in a decision released earlier this week that it is illegal to sell prescription drugs over the Internet to Americans where a substantial portion of the sales operations take place in Ontario when the seller is not licensed to operate a pharmacy in Ontario and otherwise does not comply with the laws and regulations governing pharmacies. In Ontario College of Pharmacists v. 1724665 Ontario Inc. (Global Pharmacy Canada), 2013 ONCA 381 the Court affirmed the decision of Justice Janet Wilson of the Superior Court of Justice who in Ontario College of Pharmacists v. 1724665 Ontario Inc., 2012 ONSC 5804 concluded that the appellants were selling prescription drugs, by retail, in Ontario; and were subject to the jurisdiction of the Ontario college of Pharmacists.
Challenges of Cloud Computing
June 7th, 2013 by Barry Sookman No comments »Yesterday, I gave a talk at the The Six‐Minute Business Lawyer 2013, conference organized by The Law Society of Upper Canada. Here are my slides from the talk.
C-56 Combating Counterfeit Products Act gets Second Reading in House
June 3rd, 2013 by Barry Sookman No comments »On Friday, Christian Paradis Minister of Industry and Minister of State (Agriculture) moved that Bill C-56, The Combating Counterfeit Products Act be read the second time and referred to a committee. The Bill is a long overdue attempt to bring Canada’s laws related to combating counterfeiting to international standards.
Kellie Leitch Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour rose in the House to describe the reasons for the Bill and its scope. Here, in part, is what she said about Bill C-56.
Liability of ex-employees for breach of confidence: Vestergaard Frandsen v Bestnet Europe
May 27th, 2013 by Barry Sookman No comments »The UK Supreme Court just released a decision examining the scope of the common law (or equitable) duty of confidence. One of the main issues in the case was whether a person can be liable for breach of confidence by acting in common design with others who are in breach of confidence when the person is not aware that trade secrets are being used in violation of the duty of confidence. The Court in Vestergaard Frandsen A/S & Ors v Bestnet Europe Ltd & Ors [2013] UKSC 31 (22 May 2013) ruled that liability cannot be imposed in these circumstances.
Are smartphones computer systems under the Criminal Code? R v Cockell
May 21st, 2013 by Barry Sookman 2 comments »Every now and again you read decisions that make you shake your head. Mine felt like a salt shaker when I read the decision of the Alberta Court of Appeal last week in R. v. Cockell, 2013 ABCA 112. In this case the Court reversed the conviction of an accused on three counts of child luring using a computer system under s 172.1(1) of the Criminal Code. Why? Incredibly, because it wasn’t proved the BlacKBerry smartphone used to commit the offense was a computer system.
Privacy Commissioners speak about Getting Accountability Right at CLHIA Conference
May 14th, 2013 by Barry Sookman No comments »Last week I had the pleasure of listening to a great talk titled “Privacy: Getting Accountability Right” at the 2013 Compliance and Consumer Complaints Annual Conference organized by the Canadian Life and Health Insurance Asscoiation Inc. Taking place in sunny Vancouver (see below), the speakers were Barbara Bucknell of the Office of the Privacy Commissioner of Canada, Jill Clayton, Information and Privacy Commissioner, Alberta, and Elizabeth Denham, Information and Privacy Commissioner, British Columba.
Vancouver Harbor
Here is a summary of their remarks.
The first question addressed to each panelist was the trends they were seeing in relation to privacy in the insurance industry.
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