Author: Barry Sookman

Supreme Court denies Compufinder leave to appeal in CASL Charter and constitutional challengeSupreme Court denies Compufinder leave to appeal in CASL Charter and constitutional challenge



Earlier this morning the Supreme Court of Canada denied Compufinder leave to appeal  the decision of the Federal Court of Appeal in the CASL Charter and constitutional challenge in 3510395 Canada Inc. v. Canada (Attorney General), 2020 FCA 103. CASL is the unofficial name for Canada’s much maligned anti-spam (and malware) law, a law that many information technology and privacy lawyers believe should be scrapped.

The issues in the case were summarized by the Supreme Court as follows:

Constitutional law — Division of powers — Parliament’s general trade and commerce power — Charter of Rights and Freedoms — Freedom of expression — CRTC and Federal Court of Appeal finding anti‑spam legislation intra vires Parliament’s power and constitutional — Whether ubiquity of online commerce is a “constitutionally significant transformation” bringing regulation of all commercial electronic messages within Parliament’s general trade and commerce power under s.

technology lawyer

Why you need a good information technology lawyer for complex IT agreements: CIS v IBMWhy you need a good information technology lawyer for complex IT agreements: CIS v IBM



If you are an information technology lawyer you will want to read the recent decision from the U.K., CIS General Insurance Ltd v IBM United Kingdom Ltd [2021] EWHC 347 (TCC) (19 February 2021). The case resulted from what the court described as “a disastrous IT project” for a build and run insurance system project in which IBM wrongfully terminated the contract to avoid mounting losses. The case is replete with abject lessons for information technology lawyers who draft and negotiate or litigate complex IT agreements.…

Computer and Internet Weekly Updates for 2021-02-27Computer and Internet Weekly Updates for 2021-02-27



Computer and Internet Weekly Updates for 2021-02-20Computer and Internet Weekly Updates for 2021-02-20



Computer and Internet Weekly Updates for 2021-02-13Computer and Internet Weekly Updates for 2021-02-13



Copyright term extension

Copyright term extension consultationCopyright term extension consultation



The government just launched a consultation on how to implement an extension to the copyright term for works from 50 to 70 years from the life of the author. Canada agreed to this term extension as part of the Canada-United States Mexico Agreement (CUSMA). Under that treaty, Canada has 2.5 years to implement the amendment. Extending the term of protection to 70 years would bring Canada into line with the terms of protection of our major trading partners.

This consultation “aims to solicit views from stakeholders and the Canadian public on whether accompanying measures should be adopted to address concerns that have been raised over the potential implications of a longer general copyright term, and if so, what form such measures should take.”…

Computer and Internet Weekly Updates for 2021-02-06Computer and Internet Weekly Updates for 2021-02-06



Internet harassment

Internet harassment: Caplan v AtasInternet harassment: Caplan v Atas



“The prevalence of online harassment is shocking. In Canada, as of October 2016, about 31% of social media users were harassed. Studies on the effects of cyber harassment show the potentially devastating impact of these attacks”. These were findings in the recent case Caplan v. Atas, 2021 ONSC 670 in which an Ontario court held that the tort of Internet harassment and new online enforcement remedies should be recognized as essential tools to combat cyber-stalking and other forms of Internet harassment.…

Computer and Internet Weekly Updates for 2021-01-30Computer and Internet Weekly Updates for 2021-01-30



Liability under the CPPA

Liability under the CPPALiability under the CPPA



The headlines about the new proposed federal privacy law, the Consumer Privacy Protection Act (“CPPA”), frequently focus on the extremely high penalties and fines for non-compliance. But, these headline miss by a wide margin how onerous liability under the CPPA will be.

The liability under the CPPA will be a major departure from the PIPEDA regime. The changes are explained in the detailed blog post, The CPPA’s Privacy Law Enforcement Regime published by McCarthy Tetrault lawyers Gillian Kerr, Nikiforos Iatrou, Pippa Leslie and I (with help from Daanish Pasricha).…