Category Archives: Litigation

Police can search smartphone without a warrant on arrest

Smartphones today hold our entire digital lives. Not only do they hold our intimate emails and text messages, but much more importantly our smartphones also contains apps such as Dropbox and OneDrive which are already logged in and allows access … Continue reading

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Telus records all your texts

Yesterday, the Supreme Court in R. v. Telus, 2013 SCC 16 made an interesting ruling on what types of warrants are applicable to text messages under the Criminal Code.  What’s interesting isn’t the ruling – as expected, the Court decided … Continue reading

Posted in Litigation, Privacy Law, Telecom Law | Tagged , , | 11 Comments

Are emails at work confidential or privileged?

A reader wondered about communicating with her lawyer from work.  In particular, she wondered if such communications are confidential or privileged. Generally, communications between a client and her lawyer are subject to solicitor-client privilege, and may not be revealed in … Continue reading

Posted in Business Law, Employment Law, Litigation | Tagged , , | 3 Comments

The BBM trademark and Research in Motion

Finally some good news for Research in Motion this morning, as the Federal Court dismissed a lawsuit by BBM Canada challenging the use of the trade-mark “BBM” by Research in Motion Limited (RIM) in the promotion of its BlackBerry Messenger … Continue reading

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Robinson Sucroë and copyright infringement

For the last 16 years, Claude Robinson has been fighting television giant Cinar in Quebec court, alleging that Robinson Sucroë, an animated television series from Quebec, was plagiarized from Robinson Curiosité, an earlier work by Claude Robinson. In 2009, the … Continue reading

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Ontario court confirms new privacy tort

Earlier this year, the Ontario Court of Appeal in Jones v. Tsige, 2012 ONCA 32 confirmed the existence of a new tort of privacy, a cause of “action for intrusion upon seclusion”: One who intentionally intrudes, physically or otherwise, upon … Continue reading

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Defamation and linking to defamatory materials

The Supreme Court today tackled the issue of whether a hyperlink linking to another web page with defamatory material is itself defamatory.  The Court concluded that the use of a hyperlink to link to another page with defamatory material is … Continue reading

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BC court confirms website terms of use enforceable as legal contracts

In Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196, the BC Court held that Rogers infringed Century 21’s copyright and terms of use by scraping Century 21’s real estate listings from its website and incorporating the … Continue reading

Posted in Business Law, Copyright Law, Litigation, Marketing, Real Estate Law | Tagged , , | 1 Comment

Changes to rules regarding .ca domain disputes

The Canadian Internet Registration Authority (CIRA) recently announced changes to the CIRA Domain Name Dispute Resolution Policy (CDRP). The CDRP, which governs disputes over .ca domain names alleged to be registered in bad faith, has been in effect since 2002. … Continue reading

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The drive to determine what is patentable

Last week, the U.S. Supreme Court agreed to hear an appeal of Mayo Collaborative Services v. Prometheus Laboratories, Inc., on the issue of whether or not methods of medical diagnosis are patentable in the US. Closer to home, tomorrow is … Continue reading

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