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

Tag Archives: technology

3rd Edition of E-Discovery in Canada is now available

Posted in Class Actions

E-Discovery_in_Canada_Cover_JAN2017

Susan Wortzman, partner and Director of E-Discovery, and a team of experienced authors the third edition of E-Discovery in Canada. The book covers everything lawyers, in-house counsel and law clerks need to know about conducting e-Discovery, from preservation to proportionality to costs.

Learn from the professionals in Canada and find out how to leverage their know-how for better outcomes for your clients’ in this revised and updated edition. The third edition can be purchased here.

This article was original posted on the Canadian Class Actions Monitor blog on June 2, 2017… 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: Sender of a Text Message Can Be Liable for Distracting a Driver

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

Posted in Features, The Second Opinion

The dangers of texting while driving are well known, with distracted drivers properly found criminally and civilly responsible for the injuries they cause.  In an interesting twist, the New Jersey Court of Appeal recently held that the person sending the text to a driver may also be held liable.

Context

Teenager Kyle Best and his friend Shannon Colonna were in the habit of texting each other frequently. One afternoon, immediately after punching out of his part time job at 5:41 pm, Best texted Colonna. He then got into his pickup truck and at 5:49, records show he made a 911 … Continue Reading