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Posted in: Court Decision | Media | Privacy

Insights TheSpotlight
The Press Freedom Paradox in R. v. Vice Media: the Supreme Court of Canada’s Review of Press Freedoms Versus the Investigative Powers of Police By Paige Backman and Brandon Carter Dec 13, 2018 On November 30, 2018, the Supreme Court of Canada rendered its decision in R. v. Vice Media Canada Inc., a case many describe as pitting press freedoms against the investigative powers of police.

Posted in: Court Decision | SLAPP

Insights TheSpotlight
SLAPP Fight! Ontario Court of Appeal Clarifies SLAPP Legislation By Ken Clark and Matthew Helfand Oct 10, 2018 On August 30, 2018, the Ontario Court of Appeal released six decisions involving Ontario’s anti-SLAPP legislation. The six appeals were heard together. These decisions present a roadmap of the ambit of the new anti-SLAPP law.​

Posted in: Media | Intellectual Property | Court Decision

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Court of Appeal Sends “Stairway to Heaven” Back to Trial By Ken Clark and Brandon Carter Oct 02, 2018 On September 28, 2018, the 9th U.S. Circuit Court of Appeals in San Francisco gave out a “whole lotta love” when it ordered a new trial in a lawsuit accusing Led Zeppelin of copying an obscure 1960s instrumental by the band Spirit for the intro to its classic 1971 rock anthem "Stairway to Heaven....

Posted in: Intellectual Property | Court Decision

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The Value of a Copyrighted Photograph Is Not Necessarily in the Eye of the Beholder By Ken Clark and Stan Fedun Jul 19, 2018 In the May 2018 decision, Gaudreau c Néomédia inc., the Québec Small Claims Court considered the amount of damages to award for the unauthorized use of a copyrighted photograph.

Posted in: Privacy | Court Decision | Data Security/Privacy

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Texting and the Expectation of Privacy By Donald B. Johnston Dec 11, 2017 The Supreme Court of Canada published an important judgment on December 8, 2017, concerning whether or not Canadians have the right to expect that their texting conversations will remain private. Interestingly, the judgment of the court was split – which shows that even the cleverest lawyers can ...

Posted in: Intellectual Property | Court Decision

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Protection of Rights in Canada and International Comity Supreme Court of Canada Plants its Flag Down By Paige Backman, Aaron Baer and Codie Mitchell Jul 13, 2017 The Supreme Court of Canada’s recent and much-anticipated decision in Google Inc. v. Equustek Solutions Inc. is extremely important for many reasons. It has been applauded by Canadian companies whose intellectual property rights are being infringed by overseas companies, but, it has left ma...

Posted in: Court Decision | Contracts

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Forum Selection Clauses in Canada: Enforceability in Consumer Contracts May be an Issue after Recent Supreme Court of Canada Decision By Paige Backman, Aaron Baer and Brandon Carter Jul 04, 2017 Key Implications for Businesses A recent Supreme Court of Canada (“Supreme Court”) decision has created uncertainty for businesses who rely on forum selection clauses in consumer contracts, particularly those online contracts which are not negotiated. In its decision, the Supreme Cour...
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