News

​Google Inc. v. Equustek Solutions Inc.: Supreme Court Gives the Green Light to Global Orders to Take Down Search Results

The Supreme Court of Canada confirmed for the first time last week in Google Inc. v. Equustek Solutions Inc. that Canadian courts can order the worldwide removal of search results. I have co-authored a bulletin on this topic with Julien Boudreault, which is summarized below. Overview In a divided decision (7-2), the Court upheld an interlocutory […] Read more

News

Douez v. Facebook : The Supreme Court of Canada confirms that a business cannot contract out of the local privacy law

On June 23rd, 2017, the Supreme Court of Canada issued a decision in Douez v. Facebook on the enforceability of forum selection clauses in online contracts which will significantly affect the legal risks of businesses employing the Business to Consumer (B2C) revenue model. The divided Court rejected Facebook’s effort to block a privacy class action […] Read more

Legal

Legal Privilege for Data Security Incident Investigation Reports

My partner Brad Freedman recently published a short article on Legal Privilege for Data Security Incident Investigation Reports. Data security incident response activities usually involve the creation of sensitive communications and documents that might be subject to legal disclosure obligations unless they are protected by legal privilege. An organization’s ability to assert legal privilege over a communication […] Read more