Archive for the ‘Computer Misuse’ category

Who bears the risk of loss when a corporate bank account is hacked?

June 20th, 2011

Recently, we have witnessed numerous examples of corporate web sites being hacked. Sony, Sega, Honda, Citibank, and Epsilon are all recent examples. When these sites are hacked often the victims are individual customers whose personal information is accessed. But, when a bank account is hacked often the object is money. When such an account is hacked such as by an unauthorized wire transfer or withdrawal, who bears the risk of loss, the bank or the customer whose account is raided?

Developments in Computer, Internet and E-Commerce Law (2010-2011)

June 15th, 2011

Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2010-2011). It covers significant developements since my talk last spring.

The slides include a summary of the following cases and statutory materials:


Cite Cards Canada Inc. v. Pleasance, 2011 ONCA 3

Leon’s Furniture Limited v. Alberta (Information and Privacy Commissioner), 2011 ABCA 94

State Farm Mutual Automobile Insurance Company v. Privacy Commissioner of Canada, 2010 FC 736

Nammo v. TransUnion of Canada Inc., 2010 FC 1284

Sacking Employees for Misuse of Computers and Internet Access-Poliquin v. Devon Canada Corporation

November 20th, 2009

Can an employee be dismissed for cause because he or she uses an employer’s computer and Internet access to view and transmit pornographic and racist materials in violation of a company’s Code of Conduct? This issue arose in Poliquin v. Devon Canada Corporation, 2009  ABCA 216. According to the Alberta Court of Appeal, the answer is clearly yes.

In the course of deciding that an employee could be dismissed for cause, the Court of Appeal made a number of important observations on the potential for an employee’s use of his/her employer’s Internet access to harm his/her employer and the scope of the rights employers have to monitor, control and prevent this activity.