Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Tag Archives: privacy

Key Banking Decisions of 2016: The Supreme Court of Canada releases its decision in Royal Bank of Canada v. Trang

Posted in Case Comments, Privacy

A recent article, published by McCarthy Tetrault LLP may be of interest to readers of the Canadian Appeals Monitor blog.

The Supreme Court of Canada released a landmark decision on November 17, 2016 giving important guidance on how Canada’s federal privacy law, the Personal Information Protection and Electronic Documents Act, should be interpreted in Royal Bank of Canada v. Trang, 2016 SCC 50.… Continue Reading

The Supreme Court Protects Accounting Records of Lawyers from the CRA

Posted in Case Comments, Charter of Rights, Privacy, Quebec Court of Appeal, Solicitor-Client Privilege, Tax

Solicitor-client privilege is nearly sacrosanct in Canada. The circumstances in which it can be breached are limited and specific. Courts will not abide attempts by the Government to do away with privilege for expediency’s sake or overreach when limiting the application of the privilege. This was recently reinforced by the Supreme Court of Canada in two decisions that considered the CRA’s powers to compel information from lawyers and notaries: Canada (Attorney General) v. Chambre des notaires du Quebec and Canada (National Revenue) v. Thompson.… Continue Reading

The Second Opinion: Production Orders and Electronic Information – Appeal Court Offers a List of Considerations

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Features, The Second Opinion

The Nova Scotia Court of Appeal recently grappled with questions of relevance, proportionality and privacy in the context of whether or not to order the production of electronic information.

The court in Laushway v. Messervey, 2014 NSCA 7 affirmed an order requiring a plaintiff to produce a hard drive for forensic review because it contained metadata (essentially data about data) which could show how much time the plaintiff spent at his computer, a point central to his lost income claim.… Continue Reading

The Second Opinion: Examination on Discovery of Computers- No Fishing Allowed

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Features, The Second Opinion

In Desmarteau v. Ontario Lottery and Gaming Corporation 2013 QCCA 2090, the Quebec Court of Appeal established restrictive guidelines for the examination on discovery of personal computers, applying by analogy the rules governing Anton Piller orders.

In Desmarteau, the defendant sought and obtained in first instance, an order to permit its expert to examine the personal computer of the plaintiff to identify information relevant to the litigation. The first instance order instructed the expert to exclude matters covered by solicitor-client privilege. The Québec Court of Appeal reversed the first instance judgement and rejected the defendant’s request to examine … Continue Reading

This Week at the SCC (15/11/2013)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The SCC Monitor

The Supreme Court of Canada released one judgment, and denied leave to appeal in three other cases, likely to be of interest to Canadian business this week.

In Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, a unanimous Court issued a declaration of invalidity (suspended for 12 months) applicable to the Alberta Personal Information Protection Act (the “PIPA”).  It was determined that the PIPA‘s prohibition on striking union members videotaping and photographing individuals crossing a picket line interfered with the union’s freedom of expression rights under s-s. … Continue Reading

The Second Opinion: A Computer is Not a Cupboard: The SCC Grapples With Computer Searches

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Features, The Second Opinion

The Supreme Court of Canada recently formulated new rules for computer searches by police, acknowledging that the traditional legal framework was inadequate to protect the privacy rights of individuals in their digital life. In R. v. Vu, 2013 SCC 60, the Court said that a police search of a computer now requires prior authorization in the form of a specific warrant.

Facts

The police had been tipped about electricity theft at a residence suspected of being used to cultivate marijuana. They obtained a warrant to search the residence for evidence of such theft, including information identifying the owners and/or … Continue Reading

The Second Opinion: Ontario Court of Appeal Decisions on Distracted Driving Could Hurt Development of Connected Cars

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Features, The Second Opinion

Last week was an exciting week for those who monitor developments in technology and the law. First, a Canadian telecom company announced it had struck a deal to introduce wireless internet service for Canadian cars. Then, the next day, the Ontario Court of Appeal released two companion decisions that added some oomph to Ontario’s distracted driving laws – merely holding a mobile phone, said the court, is sufficient to put you offside the law. The phone doesn’t have to be on and it doesn’t even have to be near your ear: it just has to be a cell phone.… Continue Reading

The Second Opinion: One Man’s Trash…Can’t Be Searched Without a Warrant (at least, not online)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Features, The Second Opinion

Anyone who has watched Law and Order knows that the police, both here and in the U.S., do not need a warrant to rifle through someone’s curbside recycling bin. This is because that person has abandoned their privacy interest in the contents of the bin. Does the same hold true for items in someone’s computer desktop recycling bin?

Apparently not, according to the B.C. Court of Appeal in R. v. McNeice, 2013 BCCA 98. While putting something by the curb in the real world indicates an abandonment of a privacy interest, the B.C. Court of Appeal has held that … Continue Reading

This Week at the SCC (14/06/2013)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The SCC Monitor

The Supreme Court of Canada released two judgments and heard one appeal likely to be of interest to Canadian business and professionals.

In Edward Sumio Nishi v. Rascal Trucking Ltd. (B.C.), 2013 SCC 33, the Supreme Court declined to depart from the long standing doctrine of purchase-money resulting trust in favour of an approach based on unjust enrichment.  The Supreme Court went on to hold that both the transferor’s and transferee’s intentions will be taken into account in determining whether a resulting trust in favour of the transferor is created.… Continue Reading

This Week at the SCC (01/04/2013)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tetrault LLP

Posted in The SCC Monitor

Is the Medium the Message?

In R. v. TELUS Communications Co., 2013 SCC 16, a majority of the Supreme Court of Canada this week enhanced the protection of individual privacy by restricting police access to text messages. In essence, Telus successfully challenged the procedure by which the police obtained authorization to access text messages stored in the Telus computer database. The result is that the rigorous wiretap authorization procedure (rather than less rigorous alternative processes) applies where the police seek in advance access to future text messages.… Continue Reading