Christopher C.

Solicitor-client privilege takes a hit in the context of cyber incidents. The Ontario Superior Court has ruled that neither solicitor-client privilege nor litigation privilege apply to the facts contained in cyber-incident investigation reports, even if the reports were commissioned by outside legal counsel: https://lnkd.in/e9Niq3MB

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KeyCite Overruling Risk is the only citator that warns you when a point of law has been implicitly undermined based on its reliance on an overruled or otherwise invalid prior decision. Learn more about Westlaw Edge Canada with CoCounsel or request a free trial >> https://gag.gl/GlDx2h

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Don't miss our expert litigators, Martin Brandsma and Margaret Robbins, at tomorrow's Intellectual Property Institute of Canada (IPIC) webinar! Martin and Margaret will share practical advice on the rules, types, and criteria for evidence. – ow.ly/5lhl50StMpz

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Did the Supreme Court of Canada just effectively create a fentanyl exception to the search warrant rule? An incredibly significant SCC decision was released today: R.v. Campbell, 2024 SCC 42. While the Supremes unanimously got it right on the reasonable expectation of privacy issue regarding text messages, that aspect of the case is not the real story here. The majority significantly diluted the test for exigent circumstances that will justify a constitutional departure from the search warrant rule, and authorize a warrantless search of a "place" under s.11(7) of the CDSA. The majority of the Court seemed to water down consideration of the "imminent safety risk" aspect of the analysis, because of the health risks posed by the drug involved in the case, which was heroin laced with fentanyl. The implications of this decision on the search warrant requirement cannot be underestimated. If the trafficking of Fentanyl constitutes an exigent circumstance, what about gun trafficking? What about a homicide investigation where the killer's accomplices have not yet been arrested Are search warrants only going to be required for non-serious crimes???? The jurisprudential development of this case is definitely one to watch.

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Check out our latest Blog post "Procedural Lessons Armstrong v. Intact Insurance Company (LAT)"

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Anonymization under Quebec privacy law is now possible, but it's going to require some leg work and expertise. My colleagues set out the path in this article.

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Legal teams that use advanced analytics and AI workflows for competition matters quickly identify critical data, create process efficiencies, reduce discovery costs, and inform case strategy. Connect with Epiq at the Canadian Bar Association Competition Law Spring Conference to learn more: https://lnkd.in/dF4UdD2r Tiana Van Dyk, Dillon Craig, Kevin Prasad #CBACompetition #competitionlaw #legalcompliance

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Access this expertly written Practical Law Canada practice overview on Artificial Intelligence (AI) in the Workplace. Download the sample Practice Note here >> https://lnkd.in/gYtbrPNy

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In my latest op-ed for the Canadian Lawyer Magazine, I explain why the new AI guidelines are only a starting point for Canadian legal professionals. Link to article: https://hubs.la/Q02FFg2h0

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🚨 Client Alert: On October 11, 2024, the Supreme Court of Canada | Cour suprême du Canada (the SCC) rendered a decision clarifying the corporate attribution doctrine in bankruptcy and insolvency. The #SCC found that the directing mind of the companies met the requisite intent for a transfer at undervalue, even though the companies were not insolvent at the time. The SCC also held that the #corporate attribution doctrine must be applied purposively, contextually, and pragmatically and that the rules must be tailored to the legal context of the case. This case serves as a tool to distinguish the corporate attribution doctrine from criminal and civil cases and demonstrates how the doctrine applies to #bankruptcy and #insolvency proceedings. Dilina Lallani has more on the topic: https://lnkd.in/eEYem3Rd #Canadianlaw #DoctrineofCorporateAttribution #legalupdate

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Today, the Quebec Court of Appeal published their AI guidance. 📜 Like much other guidance across Canada, it reminds litigants to use AI according to the principles of caution, reliability, and human involvement. 🧠Importantly, it does not require lawyers to disclose use of AI. Indeed, disclosure of AI use seems to be a trend of the past, with courts increasingly recognising (accepting?) that the ethical and deontological obligations of lawyers already necessarily require us to cite only to reliable sources and to verify work before it gets submitted. ⚖ In the case of the QCCA, the Court points to the Chief Justice's Directive entitled “Rules Respecting the Preparation of the PDF File of Pleadings, Briefs, Memoranda, Books of Authorities or Any Other Document," which already requres that lists of authorities include hyperlinks. 🔗 Originally a feature of convenience (and maybe some environmental considerations 🌳), this requirement has the added benefit of reducing the risk a lawyer will submit a hallucinated case. That being said, lawyers leveraging AI should nonetheless be careful - hallucinations can be of more than one type! There is the completely made up case, of course, but there is also the reference to a real case where the AI has analysed the case entirely wrong. 🤖 Users cannot accept AI analysis blindly! Citing to a real case that does not support your argument is not a good look. 😎 https://lnkd.in/ej8BB7aK https://lnkd.in/ePJiyrkE

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I am nominating "Not So Risky Business," the Canadian Lawyer Insurance Association (CLIA) blog for the 19th Annual Canadian Law Blog Awards (Clawbies): https://lnkd.in/gfT_WiaM. With its on-point name, the blog is broadening awareness of CLIA and providing posts on topics to help lawyers avoid "risky business" and better manage their practice. #clawbies2024

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#LegalUpdate : Makbool Javaid from Simons Muirhead Burton LLP breaks down the #EHRC’s updated guidance on the new legal duty for employers, effective October 26, 2024. Employers must take proactive steps to prevent workplace sexual harassment. 🏢 ➡️ How prepared is your workplace to meet these new requirements? Read full article 📌 https://lnkd.in/eGzCMGgb #WorkplaceSafety #SexualHarassmentPrevention #EmploymentLaw #EHRC #SexualHarassment #Safety

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Celebrating the rising stars of Canada's legal profession! 🌟 The Lexpert Rising Stars Awards shine a spotlight on exceptional lawyers 40 and under, recognized for their contributions to the legal landscape. This year's winners bring remarkable talent and dedication across diverse practices, including privacy law, corporate litigation, and international trade. Read more about these future leaders and their impact! https://hubs.la/Q02_LRB90 #LexpertRisingStars #LegalExcellence #LexpertAwards #FutureLeaders

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On April 30, 2024 there was a decision out of Ontario that reviewed the availability of privilege to protect information after a #cyberattack. It arose from the LifeLabs breach in 2019, which released health and personal information on millions of Canadians. The case does not chart much new law, but it hints at some tactics that might be used to maximize confidentiality. In this article, I highlight some of the lessons of LifeLabs, and what you can include in your breach response plan to maintain maximum flexibility. https://lnkd.in/g6_CXfWE

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In the third edition of our quarterly privacy litigation digest, Kelly Osaka and Kathryn Gullason review the latest decisions and trends in privacy litigation, including: • The Federal Court of Appeal’s decision upholding the requirement for meaningful consent to share personal information with third parties. • Competing trends in Ontario and BC on whether a data custodian can be held liable for a data breach by a malicious actor due to inadequate protection of personal information. • A trilogy of Ontario Court of Appeal decisions refusing to extend the common law tort of intrusion upon seclusion to data custodians. • The BC Court of Appeal finding it arguable that a data custodian’s failure to protect private information violates privacy under the Privacy Act. • Ongoing discourse in BC on the coexistence of common law privacy torts and statutory torts under provincial Privacy Acts. Read more here: https://ow.ly/Xzvm30sIxq2 #ClassAction #Litigation #Privacy #Cybersecurity

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In the third edition of our quarterly privacy litigation digest, Kelly Osaka and Kathryn Gullason review the latest decisions and trends in privacy litigation, including: • The Federal Court of Appeal’s decision upholding the requirement for meaningful consent to share personal information with third parties. • Competing trends in Ontario and BC on whether a data custodian can be held liable for a data breach by a malicious actor due to inadequate protection of personal information. • A trilogy of Ontario Court of Appeal decisions refusing to extend the common law tort of intrusion upon seclusion to data custodians. • The BC Court of Appeal finding it arguable that a data custodian’s failure to protect private information violates privacy under the Privacy Act. • Ongoing discourse in BC on the coexistence of common law privacy torts and statutory torts under provincial Privacy Acts. Read more here: https://ow.ly/ZfWZ30sILB9 #ClassAction #Litigation #Privacy #Cybersecurity

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Our expert litigators, Martin Brandsma and Margaret Robbins, were invited to present at the Intellectual Property Institute of Canada (IPIC)'s upcoming program. They are looking forward to sharing their best tips, tricks, and practical advice for IP professionals on the rules of evidence. – ow.ly/xfWM50Sml2l

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