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Rethinking Defamation Law

Rethinking Defamation Law

On May 3rd the Law Commission of Ontario (LCO) hosted an international conference examining how defamation law should be reformed in light of “far-reaching developments in law, technology, and social values.” The first panel of the conference, Rethinking Defamation Law: The Setting for Reform, provided an overview of defamation law in Canada and some factors […]

Jurisdiction, Anonymity and Unpublishing - Frontline Problems in Resolving Online Defamation Claims

Jurisdiction, Anonymity and Unpublishing - Frontline Problems in Resolving Online Defamation Claims

At the recent conference, “Defamation Law and the Internet: Where do we go from here?”, organized by the Law Commission of Ontario, the luncheon keynote focused on the issues of extra-territorial jurisdiction, anonymity, and unpublishing with respect to resolving online defamation claims.

Resolving Online Defamation in the Internet Age

Resolving Online Defamation in the Internet Age

Given the enormous growth in online defamation claims on social media, almost all requesting a removal of defamatory comments, these claims are not ideal for court-based resolution and should be subject to an alternative resolution framework. In the recent Law Commission of Ontario’s conference, Defamation Law and the Internet: Where Do We Go From Here?, experts […]

Fair Balance, Proportionality and Revamping the Publication Rule — Will these Efforts Resolve the Problem of Online Intermediaries? It’s Unlikely.

Fair Balance, Proportionality and Revamping the Publication Rule — Will these Efforts Resolve the Problem of Online Intermediaries? It’s Unlikely.

The Law Commission of Ontario recently held a conference as part of a consultation process for its “Defamation Law in the Internet Age” project. The event provided scope for continuing the conversation around reform of defamation laws in the context of fast-moving and far-reaching developments in technology and social values.

Hacking the Sacrosanct Lawyer-Client Privilege

Hacking the Sacrosanct Lawyer-Client Privilege

We have swiftly transitioned into a digital age and it seems as if information could be the new weapon of mass destruction. Cybercriminals have long realised just how valuable information can be and have been launching missiles at an unprecedented rate, resulting in copious causalities of information security breaches. Earlier this year, CNN reported that […]

IP Year in Review 2017 - A Year of Promises Made, Kept, and Abandoned

IP Year in Review 2017 - A Year of Promises Made, Kept, and Abandoned

This past year marks a year where the Government of Canada engaged more than ever on the IP front. The Government of Canada’s announcement of a National IP Strategy was welcome news for those interested in leveraging Canada’s intangible capital. As I noted on The Agenda with Steve Paikin, it was a “hallelujah” moment for […]

Having Skin in the Game – How Video Games are Entering the World of Gambling

Having Skin in the Game – How Video Games are Entering the World of Gambling

Gambling has accompanied sports-watching for hundreds of years. In Canada alone, it was reportedly estimated that $500 million are spent annually on provincially-regulated sports gambling. Similar gambling activities are now prevalent in digital arenas. Popular strategy video games, such as Starcraft and Dota 2, have given rise to the massive industry of eSports, or professional competitive […]

SCC Rules in Favour of Plaintiffs in Class Action Against Facebook

SCC Rules in Favour of Plaintiffs in Class Action Against Facebook

On June 23 the Supreme Court of Canada (SCC) delivered its decision in Douez v Facebook Inc., ruling in favour of the plaintiff. This decision affirms that the privacy rights of Canadians override forum selection clauses contained in contracts of adhesion, which are becoming increasingly prevalent in places such as online service agreements.

Disruptive Innovation and Digital Integration

Disruptive Innovation and Digital Integration

Despite persistent fears of a surveillance state and artificial intelligence, the smart device market continues to expand with little chance of collapse. Accordingly, some of the sessions at the 2017 Canadian Telecom Summit (CTS17) focussed on how the telecommunications industry players in Canada are adapting to the rapid evolution of interconnected devices and an increasing […]