Paige Backman

Professional Involvement

Professional Activities

• Interlaw, Co-Chair of the Sport, Media and Entertainment Business Unit
• Regular speaker at industry and Law Society events as well as a regularly published author and media contact for various topics
• Water Polo Canada, Director, Chair of the Governance Committee, Chair of the Business and Risk Management Committee, 2009-2013
• Canadian Fencing Federation, Board of Directors

Memberships

• American Bar Association (Intellectual Property Law and Science & Technology Sections)
• Canadian Technology Law Association (CAN-TECH), Privacy Committee Member
• Canadian/Ontario Bar Association (Business Law, Information Technology and E-Commerce, and Privacy Law Sections)
• Licensing Executives Society
• Sports Lawyers Association
• Toronto Computer Lawyers' Group

Community Involvement

• Small Steps for Hope Foundation, CEO and President, 2007-2013

Teaching Engagements

• "Privacy Law Considerations within Transactions," Transaction - Planning, Decisions, Documents and Issues Course, Osgoode Hall Law School, 2004-2009.
• "Technology Transfers and Licensing - Issues to Consider" and "Privacy Laws - Overview," Internet and Information Technology Law Course, University of Victoria Law School, 2003.

Representative Matters

Represented 1Password in the completion of a US$200 million Series A Round led by Accel, a Silicon Valley venture capital firm. The investment provides Accel with a minority, non-controlling interest in 1Password and marks one of the largest Series A rounds ever raised by a Canadian tech company.

Represented the controlling shareholder of Bullfrog Power in its acquisition by Spark Power Corp.

Represented the special committee of Booth Centennial Healthcare Linen Services’ board of directors in connection with the sale of all or substantially all of its assets to Ecotex Service Corporation in partnership with Fengate Capital Management.

Acted as Canadian counsel to C.R. Laurence Co. Inc., a leading global manufacturer and distributor of architectural glass based in Los Angeles, in connection with its sale to Oldcastle Building Envelope for US$1.3 billion.

Advised Sobeys on regulatory compliance matters in connection with the $5.8 billion takeover of Safeway.

Represented Sun Life in acquisition of 30 per cent stake and partnership with Menkes Developments Ltd. and the Healthcare of Ontario Pension Plan, relating to the acquisition and development of property valued at $375 million.

Represented plaintiffs, Canadian counsel, to United States class action relating to privacy breaches, resulting in US$20 million award.

Advised Ontario Power Authority on the development of contracts and rules for second generation Feed-In Tariff Program (FIT 2.0) in relation to procurement of renewable energy products, including wind, solar, hydro-electric and biomass.

Represented a large provider of clean technology in restructuring and renegotiating $200 million utility services arrangement to prevent $200 million revenue recognition deferral until 2015.

Represented licensor in $100 million licensing and customized consulting services arrangements with the federal government of Canada.

Represented one of the world leaders in data visualization market in negotiating all of its significant commercial arrangements.

Represented licensor in multimillion-dollar arrangement, involving structuring the licensing model, the provision of customized consulting services, tri-party relationships and subcontracting agreements, with one of Canada’s largest health authorities.

Represented licensor in structuring multimillion-dollar licensing and services arrangement with large provincial government enabling such government to use the technologies for all government sector entities within the province and software modifications with other public sector entities across Canada.

Represented licensor in multimillion-dollar licensing and service arrangement with key players in the education sector in Alberta in a manner that allowed the entire education system (university, college and primary schools) to be able to use the licensed software through a designated entity.

Represented the investment arm of HSBC in share acquisition, from over 30 different shareholders, of a large aluminum manufacturing company.

Represented joint venture comprised of four of Ontario’s largest research hospitals in structuring relationships relating to shared research facilities and resources.

Represented one of the world’s leaders in the data visualization market in a sale of core technologies to Microsoft, Inc. involving various license-back, distribution and joint venture arrangements.

Represented Bear Sterns/JP Morgan, by providing privacy and commercial advice, relating to the purchase of distressed debt portfolios, each of such portfolios typically larger than $100 million.

Represented Rep-Pharm Inc in its sale to AmerisourceBergen Canada Corporation. The acquisition represented a jump to the number two position in the Canadian pharmaceutical distribution market for the U.S.-based AmerisourceBergen.

Represented a large U.S. cleantech company that supplies technology platforms surrounding energy management, in structuring a joint-venture arrangement with an Ontario municipality.

Represented one of the largest co-operatives in Canada, under CCAA protection, advising and negotiating the commercial terms regarding new structure and go-forward operations.

Represented Adobe Systems Incorporated in its acquisition of Ottawa based Accelio Corporation. The transaction was structured as stock-for-stock exchange, valued at approximately $100 million, through a plan of arrangement.

Represented client in the sale of substantially all of its assets/shares in car rental business, through multiple transactions, to a large U.S. company, the combined value of such transactions was approximately $200 million.

Advised on privacy related matters in connection with the successful launch of MuniCardTM, a credit card that allows municipal residents to apply rewards earned on their MuniCardTM to pay down their municipal taxes.

Represented PeopleSoft Canada Co., Canadian subsidiary to People Soft, Inc., the second largest enterprise resource management company in the world (prior to the Oracle takeover), acting as virtual in-house counsel, for over six years. This representation involved negotiating software licence agreements, consulting agreements, subcontract agreements, and other software-related agreements, accounting for not only legal issues, but in a manner that ensured revenue recognition. 

Selected Speaking Engagements

“Privacy Law Panel,” Osgoode Hall Law School, October 21, 2019.

"Avoiding a Privacy Breach: How to Train Employees and Contractors," Aird & Berlis LLP Privacy Webinar, October 2017.

Paige testified in front of the House of Common on changes to Canada’s privacy law (PIPEDA). In the Report of the Standing Committee on Access to Information, Privacy and Ethics, “Towards Privacy by Design: Review of the Personal Information Protection and Electronic Documents Act,” published under the authority of the Speaker of the House of Commons, Paige’s position and arguments were included to support the genesis of some of the changes. April 2017.  

"Data Breaches and How to Safeguard Your Information," Aird & Berlis LLP Technology Webinar, November 2016.

"Governance Matters," Sponsorship Week, October 2016.

"Data Breaches & Security Summit," Aird & Berlis LLP, September 2016.

"Canada's Anti-Spam Legislation (CASL) – Updates Since September 2015,"
Aird & Berlis LLP Technology Webinar, September 2016.

"CASL – Have the Regulators Been Bulls or Bears?,"  The Law Office Management Association (TLOMA), June 2016.

"CASL Challenges Roundtable," Facilitator, OBA/CBA Professional Development Program, June 2016.

"Data Breaches and Data Insurance," Aird & Berlis LLP Privacy & Technology Webinar, May 2016.

“How Workplace Health, Safety and Privacy Clash and Converge,” Aird & Berlis LLP Labour & Employment Webinar, March 2016.

"Technology and Intellectual Property Issues for Startup Businesses: What You Want to Know and Don't Want to Know," Aird & Berlis LLP Privacy & Technology Webinar, November 2015.

"Canada's Anti-Spam Legislation Updates Since July 1, 2014," Aird & Berlis LLP Privacy & Technology Webinar, September 2015.

"Cybersecurity and Data Breaches," Aird & Berlis LLP Breakfast at Your Desk Technology Series Webinar, April 2015.

“Taking Social Media to the Next Level,” Ontario Bar Association’s TECHxpo 2.0, 2014.

"Canada’s Anti-Spam Legislation," Regulatory Roundtable for Local Electricity Distribution Companies, Aird & Berlis LLP, 2014.

"CASL – World’s Toughest Anti-Spam Law – Are you Ready?" Aird & Berlis LLP 2014 Annual Municipal Group Client Conference, 2014.

"CASL Presentation," 2014 Toronto CIO Executive Leadership Summit, HMG Strategy LLC, 2014.

"Canada’s Anti-Spam Legislation – Ensuring Your Firm is Ready," Toronto Lawyers Association, 2014.

"Don’t Shoot the Messenger – Canada’s New Anti-Spam Legislation & Privacy Issues in the Municipal Context," Canadian Bar Association Webinar, 2014.

"Canada’s Anti-Spam Legislation," Electricity Distributors Association Communicators Council Forum, 2014.

"Canada’s Anti-Spam Presentation- Are You Ready?" Aird & Berlis LLP Webinar, 2014.

"Canada’s Anti-Spam Presentation," Aird & Berlis LLP Breakfast Seminar, 2014.

“Social Media and Mobile Privacy Issues,” Information Technology Law Spring Forum, IT CAN, 2013.

"Tort of Intrusion on Seclusion," Aird & Berlis LLP Municipal Conference, 2012.

"Contracts, Privacy and New Case Law OBA Privacy Program," Privacy Law, Ontario Bar Association, 2012.

"Mobile Computing and Privacy," Technology and E-Commerce Section, Ontario Bar Association, 2012.

"Privacy Issues for Online and Mobile Commerce Contracts," Toronto, IT. Can and the Law Society of Upper Canada's Information Technology Law Spring Forum, 2011.

"Privacy Implications of Online Tracking, Profiling, and Target Marketing," Ontario Bar Association, 2011.

“Full Disclosure: Working with Brands Online,” ShesConnected Conference, 2010.

“Licensing IP/Software and Insolvency on the Horizon,” Aird & Berlis LLP Seminar: Issues for a New Technology Era, 2009.

“Licensing Technology – Terms That Can Bite You,” Aird & Berlis LLP Seminar: Knowledge is Power – Essential Information for Municipalities, 2009.

"What Every Business Should Know," Aird & Berlis LLP Technology Law Seminar, Moderator, 2009.

“Securing Personal Information in Mergers and Acquisitions,” Canadian Institute, Privacy Compliance Conference, 2008.

"International Business Transactions and Privacy," Chicago, Interlaw Americas Regional Meeting, 2008.

"Municipalities and Privacy," Association of Municipal Managers, Clerks and Treasurers of Ontario Annual Meeting, 2006.

"Privacy Laws – Hot Issues for Business Lawyers and Litigators," Ontario Bar Association Institute Annual CLE Conference, 2005.

"New Developments in Privacy Laws," Association of Municipal Managers, Clerks and Treasurers, Annual General Meeting, 2005.

"Privacy Laws in the Transportation Industry," Trucking Industry, National Conference, 2004.

"Privacy Laws and Entrepreneurs," Women Entrepreneurs of Canada, 2004.

"Privacy Law and Retail Industry," Food and Consumer Products of Canada, 2004.

"Privacy Issues and Tax/Accounting," Accountants of Ontario, 2003.

"Electronic Contracting and Privacy," Ontario Association of Architects, 2003.

Selected Publications

"New Tort – Public Disclosure of Private Facts," Aird & Berlis LLP Privacy Law Bulletin, February 2016.

“Rogers Media Inc. Agrees to Pay $200,000 for Alleged Violations of Canada's Anti-Spam Law,” Aird & Berlis LLP Privacy Newsflash, November 2015.

"European Court Strikes Down Data Sharing Safe Harbour Between the United States and the EU: What’s the Impact for Canada," Aird & Berlis LLP Privacy Law Bulletin, October 2015.

"$1.1 Million Penalty Issued for Violation of Canada’s Anti-Spam Legislation," Aird & Berlis LLP Privacy Law Bulletin, March 2015.

"Data Breaches – From Accidents to State Sponsored Attacks: Vulnerabilities and Strategic Plans," Aird & Berlis LLP Privacy Law Bulletin, March 2015.

“CASL 2015 - A Time for Real Direction,” Aird & Berlis LLP Privacy Law Bulletin, February 2015.

“CASL Update: CRTC Corporate Compliance Programs Guidelines,” Aird & Berlis LLP Privacy Law Bulletin, July 2014.

“Canada’s Anti-Spam Legislation Coming Into Force July 1, 2014,” Aird & Berlis LLP Privacy Law Bulletin, December 2013.

“Supreme Court of Canada Strikes Down Privacy Law,” Co-author, Aird & Berlis LLP Privacy Law Bulletin, November 2013.

“Intrusion on Seclusion New Tort for Ontario,” Aird & Berlis LLP Privacy Law Bulletin, January 2012.

“Canadian Anti-Spam Legislation Where Are We Now?,” Aird & Berlis LLP Technology Law Bulletin, September 2011.

"Biometric Identification and Privacy Concerns: A Canadian Perspective," Co-author with Corrine Kennedy, World Data Protection Report, October 2009 and Canadian Privacy Law Review, March 2010.

"Export Control Laws: A Labyrinth of Surprising Reach," The Transportation Lawyer, October 2009.

"Responding to Privacy Breaches in the Health Sector," Canadian Privacy Law Review, February/March 2009.

"Privacy Breach Notifications in the Health Sector," Aird & Berlis LLP Procurement, Privacy & Healthcare Technology Newsletter, November 2008.

"Commercialization of Intellectual Property in Hospitals," Aird & Berlis LLP Procurement, Privacy and Healthcare Technology Newsletter, May 2008.

"Canadian Privacy Legislation and the Cross-Border Transfer of Personal Information," Co-author, Telehealth Law, July 2008.

"Software Licensing Considerations in the Healthcare Sector," Aird & Berlis LLP Procurement, Privacy and Technology Newsletter, February 2008.

"Handling of Patient Information Under PHIPA," Aird & Berlis LLP Procurement, Privacy & Healthcare Technology Newsletter, February 2008.

"Licensing Technology: Who Can Use It and Who Can't? Terms of Licensing Agreement May Limit Sharing," Co-author, Canadian Corporate Counsel, January/February 2008.

"Industry Canada's Response to Proposed PIPEDA Amendments," Co-author, Privacy & Data Security Law Journal, January 2008 and Aird & Berlis LLP Technology & Privacy Law Newsletter, November 2007.

"Privacy and Health Care," Aird & Berlis LLP Privacy and Health Care Newsletter, November 2007.

"Privacy Breach – New Federal Guidelines," Aird & Berlis LLP Technology & Privacy Law Newsletter, October 2007.

"Outsourcing and Licensing," Canadian Corporate Counsel, September/October 2007.

"Proposed Amendments to Canada's Privacy Legislation," Co-author, Aird & Berlis LLP Privacy Law Newsflash, September 2007.

"Intellectual Property as Loan Collateral – Some Considerations for the Borrower," Co-author, Canadian Corporate Counsel, June 2007.

"Foreign Laws Impact Canadian Businesses Under PIPEDA," Canadian Corporate Counsel, May 2007.

"Consumer Protection Legislation and Internet Agreements," Co-author, Canadian Corporate Counsel, March/April 2007.

"Technology Licences – Casualties of Insolvency?" Co-author, Canadian Corporate Counsel, January/February 2007.

"Purchasing IT Assets and Working with Outside Counsel," Canadian Corporate Counsel, December 2006.

"Using US Precedent Technology Agreements in Canada," Canadian Corporate Counsel, November 2006.

"Canadian Privacy Laws and International Transactions," Canadian Corporate Counsel, July/August 2006.

"Licensing Sophisticated Software – Strategic considerations surrounding negotiating enterprise-critical software and the resulting contractual terms," Co-author, Canadian Corporate Counsel, June 2006.

"Director's Liability and Privacy Laws," Canadian Corporate Counsel, May 30, 2006.

"Licensing Municipal Software: Who Can Use It and Who Can't? Terms of Licensing Agreement May Limit Sharing," Municipal Interface, National Professional Journal of MISA/ASIM Canada, May 2006.

"Core or Not Core – The Impact of Private Sector Privacy Laws on Municipalities," Co-author, Aird & Berlis LLP Municipal Privacy Law Briefings, February 2006.

"Many Issues Can Arise to Complicate Licensing and Procuring of Software," Co-author, Municipal Interface, National Professional Journal of MISA/ASIM Canada, January 2006.

"Technology Licensing and Procurement: Some Do's and Don'ts – Part 2," Co-author, Municipal Interface, National Professional Journal of MISA/ASIM Canada, December 2005.

"Technology Licensing and Procurement: Some Do's and Don'ts – Part 1," Co-author, Municipal Interface, National Professional Journal of MISA/ASIM Canada, November 2005.

"Privacy Laws and Commercial Leasing Transactions," Co-author, Aird & Berlis LLP Privacy Law Newsletter, October 2005 and Aird & Berlis LLP Real Estate Law Newsletter, October 2005.

Education

• LLB, Osgoode Hall Law School, 1998
• BA (Hons), University of Western Ontario, 1994