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
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 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.
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