Articles 2024

Aujourdʼhui
Aujourdʼhui
Sarah Nasrullah

Canada’s New Federal Privacy Bill

  • 23 novembre 2020
  • Sarah Nasrullah

Earlier this week, Minister Bains (Minister of the Innovation, Science and Economic Development) tabled Bill C-11, the Digital Charter Implementation Act, 2020. Part I will enact the Consumer Privacy Protection Act (CPPA or the Act) and repeal Part I of PIPEDA. Part II will enact the Personal Information and Data Protection Tribunal Act (PIDPTA). Here are a few key highlights.

Droit de la protection de la vie privée, Student Forum

Privacy Modernization with a Northern Touch: the proposed Digital Charter Implementation Act

  • 23 novembre 2020
  • Molly Reynolds and Ronak Shah

The federal government has introduced Bill C-11 the Digital Charter Implementation Act, 2020, into Parliament. Bill C-11 aims to modernize the framework for the protection of personal information in the private sector and provide individuals with greater control over their information.

Droit de la protection de la vie privée, Student Forum

“Above and Beyond the Call of Duty”: Honorarium Payments to Representative Plaintiffs in Class Proceedings

  • 20 novembre 2020
  • Ranjan Agarwal and Tim Heneghan, Bennett Jones

In Makris v. Endo International PLC, Justice Glustein approved a settlement of the class action but rejected the request for an honorarium payment to the representative plaintiff. He noted that honorarium payments were “exceptional” and “rarely done,” and available only when a representative plaintiff had “gone well above and beyond the call of duty,"

Droit des recours collectifs, Student Forum

Can Class Member Opt Out After Opt-Out Deadline if no Actual Notice?

  • 20 novembre 2020
  • Nancy Sarmento Barkhordari

The significance of the Court of Appeal's decision in 3113736 Canada v Cozy Corner transcends issues of actual versus adequate notice, and leaves open the question of when, or whether a class member who does not wish to be bound by a class action can bring a motion to opt out of the class proceeding on the basis of lack of notice, and the test to be applied in those circumstances.

Droit des recours collectifs, Student Forum

Tran v. Bloorston Farms Ltd.: The Limitation of Foss v. Harbottle

  • 19 novembre 2020
  • Jackie Tmej

The rule in Foss v. Harbottle (1843), 67 E.R. 189 (U.K.H.L.) stipulates that a shareholder of a corporation does not have a personal cause of action for a wrong done to the corporation. The recent appeal by Bloorston Farms Ltd. of the ruling by the Superior Court of Justice in favour of Sang Thi Tran was dismissed by the Ontario Court of Appeal, which assessed the well-established rule in Foss v. Harbottle and its limitations and rationale.

Droit des affaires, Student Forum

Gifts of Private Company Preferred Shares to Registered Charities

  • 19 novembre 2020
  • Brittany Sud, Miller Thomson LLP

This article reviews how donating preferred shares to a registered charity may be a tax efficient option for transferring wealth, but charities should conduct due diligence prior to acceptance.

Œuvres de bienfaisance et organismes à but non lucratif, Student Forum
Emilia Coto, Founder and Lawyer, Sisu Legal

Women, Tech, and Law - Tips to Consider

  • 19 novembre 2020
  • Emilia Coto, Founder and Lawyer, Sisu Legal

Pandemic circumstances intensify inequalities related to gender, and other factors such as economic status, race, culture, language, and other intersecting elements of our identities. This article will discuss some technologies lawyers can consider adding to their practice to increase flexibility and efficiency in the practice of law, particularly at a time when the demands on our time appear to be greater than ever.

Forum des avocates, Student Forum

Lawyering and Regulating During a Global Pandemic

  • 18 novembre 2020
  • Michael Rusek, senior legal counsel, Ontario Motor Vehicle Industry Council (OMVIC)

Even though we have yet to emerge from the pandemic, we have already learned (or in some cases, relearned) a number of lessons of critical importance to any in-house legal team. Here are some thoughts by Michael Rusek, senior legal counsel at OMVIC, regarding 'lawyering' and regulating during a global pandemic.

Association canadienne des conseillers et conseillères juridiques d’entreprises (Section de l’Ontario), Student Forum

Thoughts on Building Diversity In Your Workplace

  • 18 novembre 2020
  • Adrian Ishak, senior corporate counsel (director), global labour and employment at Salesforce

These are certainly challenging times. A reckoning by many accounts. Lawyers are not immune to these turning tides. As in-house counsel, we have witnessed firsthand the impacts of the recent social upheavals, first as a result of the pandemic and then, over the summer, due to the growing call to address racial inequalities, first in the US and then across the globe.

Association canadienne des conseillers et conseillères juridiques d’entreprises (Section de l’Ontario), Student Forum