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  • 11 Dec 2023 10:24 AM | CAN-TECH Law (Administrator)

    CRTC says that fraudulent phishing campaign was carried out with more than 30,000 recipients 

    On October 30, 2023, the Canadian Radio-television and Telecommunications Commission announced that it had imposed an administrative monetary penalty of $40,000 in connection with a high volume phishing campaign. The CRTC said it began an investigation after being alerted by a phone company about a potential scam affecting their customers.

    Read the full article here.

  • 11 Dec 2023 10:22 AM | CAN-TECH Law (Administrator)

    Online reviews, right to repair, charger compatibility, voidable contracts and heavier penalties are soon coming into effect. 

    The Ontario Government has passed Bill 142, entitled “Better for Consumers, Better for Businesses Act, 2023”, which will replace the province’s Consumer Protection Act, 2022 and received royal assent on December 6, 2023. Of particular note for technology lawyers:

    Contract disclosures: The amendments consolidate existing contract disclosure requirements into a single set of “rules respecting various consumer contracts” applicable to a range of contracts including as direct, remote, internet, and future performance contracts. The categories of contracts to which this applies can be expanded by regulation.

    Online reviews: Suppliers subject to the act are prohibited from including any terms that prevent consumers from publishing a review about the supplier, its goods or services. 

    Limiting damages or recourse: Suppliers are prohibited from limiting the monetary limit for a breach of warranty under the Sales of Goods Act or any deemed warranty under the new Act. In addition, arbitration clauses or other terms that purport to restrict access to the Ontario Superior Court of Justice are prohibited. 

    Read the full article here.

  • 11 Dec 2023 10:14 AM | CAN-TECH Law (Administrator)

    Decision follows trend starting in BC that a virtual presence in Canada is enough to be ordered to produce records

    The Federal Court of Canada, in connection with an application for a warrant and an assistance order under the Canadian Security Intelligence Service Act, was required to consider whether an assistance order under s. 22.3(1) of that Act could be issued to order a legal person with no physical presence in Canada to assist CSIS with giving effect to a warrant. The order would have extra-territorial effect. 

    In a redacted decision, Re Canadian Security Intelligence Service Act (Can), the court concluded that it can, provided that the subject of the assistance order has a “virtual presence” in Canada. The decision notes that the foreign company involved was willing to assist, but needed to see a court order to manage their possible legal liability:

    Read the full article here.

  • 11 Dec 2023 10:10 AM | CAN-TECH Law (Administrator)

    Courts, regulators weigh in on the use of Large Language Models in the practice of law

    The already-infamous tale of an American litigator who relied on case citations that Chat GPT came up with for his brief—citations that were to fictional cases—is an indicator of the need for caution in the legal profession’s rush to embrace the use of Large Language Models (LLMs) for use in practice. Unsurprisingly, both the courts and professional regulators are weighing in. On 6 October 2023, the Alberta Court of King’s Bench released a “Notice to the Public and Legal Profession” entitled “Ensuring the Integrity of Court Submissions When Using Large Language Models.” Referring to “significant concerns surrounding the potential fabrication of legal authorities through…LLMs,” the Court set out principles to guide the use of the technology:

    Read the full article here.

  • 11 Dec 2023 10:00 AM | CAN-TECH Law (Administrator)

    Alberta Law Reform Institute publishes report on creation of electronic wills

    In October 2023 the Alberta Law Reform Institute (ALRI) published its Final Report No 119: Creation of Electronic Wills. The impetus for the project was the fact that the province’s Wills and Succession Act is silent on whether it even permits or prohibits the making of electronic wills, let alone whether or how the standard conditions for validity can be met. ALRI noted that it was not required to start “from scratch” with this project, as the Uniform Law Commission of Canada (ULCC) had published its Uniform Wills Act in 2015, and thus ALRI took as its task an inquiry into whether and to what extent Alberta should adopt the ULCC provisions.

    Read the full article here.

  • 31 Oct 2023 12:50 PM | Deleted user


    Mind the Gaps: The Impact of Emerging Threats on Cyber Insurance

    Thursday, December 7, 12 to 1 p.m. EST

    View CPD Information

    Cybersecurity insurance is a nascent product reacting to a fast-evolving threat landscape. Every business in every sector is vulnerable to data breach, ransomware, and other cyber attacks. New cyber threats are on the horizon and most of today’s coverage options are inadequate to cover them. 

    Please join Howard Smith for an informative lunchtime webinar on December 7 where he will discuss what cyber insurance does and does not cover. Howard will also shed light on emerging cyber threats impacting industrial control systems and industrial IoT (internet of things) and the gaps in coverage these threats pose.

    Featured Speaker: Howard Smith, Cyber Insurance Counsel

    Howard Smith was called to the Ontario Bar in 1994 and practices cyber insurance law, providing counsel to insurers, brokers, and corporate risk managers. For many years, Howard provided legal counsel to commercial insurers’ underwriting and claims departments, exposing him to a broad range of commercial insurance products.

    Outside of law, Howard ran the business development department of a Canadian venture capital firm that invests in international cybersecurity start-ups. In 2022, he founded a business development agency that represents cybersecurity and computer-vision technologies. 

    Moderated by: Jennifer R. Davidson, Partner, Deeth Williams Wall LLP

    CPD PENDING

    Registration:

    • FREE for CAN-TECH Law members
    • $25 plus HST: Non-members

    REGISTER HERE

    • 30 Oct 2023 4:18 PM | CAN-TECH Law (Administrator)


      Dive into the world of artificial intelligence with the Women in TECH Book Club Event, reading "Klara and the Sun."

      Join us in celebrating the power of literature and technology with the Women in Technology (WIT) committee of the CAN-TECH Law Association for a special book club evening. On November 1, starting at 6 pm at C'Est What?, 67 Front St E, Toronto, ON M5E 1B5, we'll gather to discuss the captivating novel "Klara and the Sun," engage with fellow technology enthusiasts, and enjoy a delightful selection of appetizers and drinks. This event is more than just a book club; it's an opportunity to explore the intersection of technology and humanity, network with like-minded individuals, and immerse yourself in an inspiring fusion of intellectual exploration and social connection. Whether you're passionate about artificial intelligence, curious about legal perspectives, or simply love a good book, this evening is designed for you.

      Cocktails, Canapés, and Book Discussion: 6 p.m.

      Location: C'est What?, 67 Front St E, Toronto, ON M5E 1B5

      Cost: $35

      What's Included:

      • A copy of the book "Klara and the Sun" by Kazuo Ishiguro (pick up at Osler offices in First Canadian Place) - A $35 Value
      • A VAST selection of appetizers and canapés catering to all dietary restrictions.
      • A drink ticket for any drink of your choice

      About the Book:

      "Klara and the Sun" explores themes of artificial intelligence, humanity, and the essence of consciousness. Engage in a stimulating discussion about the novel's profound insights and connect with fellow technology enthusiasts.

      How to Register:

      Register Here to secure your spot. Seats are limited to 30 attendees, so register immediately.

      Book Collection:

      Email kbhogal@osler.com (with a cc’ to cmarcinkiewicz@osler.com) to advise on when you would like to collect your book.

      Pick up your copy at the Osler Toronto office: Osler Hoskin and Harcourt, First Canadian Place, 100, 1 King St W Suite 6200, Toronto, ON M5X 1B8.

      No Refunds:

      Please note that there are no refunds for this event.


      We look forward to seeing you there!

      Thank You to Our Sponsors!



    • 27 Oct 2023 3:54 PM | CAN-TECH Law (Administrator)


      The 2023 CAN-TECH Fall Conference Awards was a fantastic event, honoring two exceptional individuals in the field of technology law. Amy-Lynne Williams received the inaugural CAN-TECH Award of Distinction, and Sam Ip was recognized with the inaugural CAN-TECH Rising Star in Tech Law Award, at the CAN-TECH Fall Conference Dinner, presented by Jennifer Davidson, CAN-TECH Law Past President.

      Amy-Lynne Williams, a technology law pioneer with a career spanning over four decades, was celebrated for her significant contributions. She not only adapted Canadian laws to the challenges posed by emerging computing technologies but also founded the renowned technology and IP boutique law firm, Deeth Williams Wall LLP. Her mentorship and commitment to professionalism have made a lasting impact on the industry.

      Sam Ip, a Partner at Osler Hoskin and Harcourt, and the co-creator of "Osler Code Detect," was recognized for his innovative work with AI companies and his contributions to technology law. He is a trusted advisor in various areas of tech law and a well-deserving recipient of the Rising Star Award.

                   

      Amy Lynne-Williams (Left) and Sam Ip (Right) with Jennifer Davidson, CAN-TECH Law Past President

      The Annual Fall Conference Dinner provided the perfect setting to honor these outstanding individuals. We offer our congratulations to Amy-Lynne Williams and Sam Ip and extend our gratitude to all the attendees who made this event a success. Your presence added depth to the celebration of excellence in technology law, and we look forward to future gatherings.

      READ MORE HERE

    • 11 Oct 2023 10:09 AM | CAN-TECH Law (Administrator)


      We are very pleased to announce Sam Ip as the winner of the inaugural CAN-TECH Rising Star in Tech Law Award.

      Sam is a Partner in the Technology Group at Osler, which regularly works with artificial intelligence companies and organizations making use of artificial intelligence technologies. His practice also includes technology procurement, contracting, and other commercial and corporate matters, with a significant focus on advising clients on complex and thorny issues related to the use of data, blockchain technology and, open source software.

      Sam is a Certified Information Privacy Technologist (CIPT), a member of the International Association of Privacy Professionals, a licensed professional engineer and was the co-creator of Osler’s free open source tool, Osler Code Detect. He regularly helps organizations comply with ambiguous provisions found in many open source licenses, developing policies that are used by engineers, and negotiates various open source issues as part of licensing and M&A transactions. Sam is recognized by Best Lawyers as “One to Watch” in Information Technology Law.

      Sam speaks regularly at webinars and conferences on AI and tech law issues, including for CAN-TECH. He is speaking at the fall conference on the panel “IP in the Metaverse”.  He is a trusted advisor to a wide array of clients and a recognized thought leader in several areas of tech law.

    • 10 Oct 2023 3:56 PM | CAN-TECH Law (Administrator)

       We are very pleased to announce Amy-Lynne Williams as the winner of the inaugural CAN-TECH Award of Distinction.

      This award is in recognition of her extraordinary career as a leading technology lawyer. Over her more than forty-year career, Amy-Lynne has shaped the practice of technology law in Canada and what it means to be a technology lawyer with a Canadian and international practice including: 

      • At a time when there was no Canadian technology (or privacy) law, adapting the principles of Canadian commercial, contract and intellectual property law to the challenges posed by the adoption of computing technologies, the introduction of personal computing, the advent of the Internet and the adoption of mobile technologies; 
      • Establishing a Canadian technology and IP boutique law firm that is nationally recognized for its expertise in technology law and cyber security and that has been responsible for many technology firsts over its almost 30 years of operation; 
      • Taking leadership roles in the development of the premier Canadian and international technology organizations; 
      • Sharing her expertise and insights through speaking engagements, seminars, and articles; 
      • Fostering technology law through her mentorship of students, associates, and colleagues; 
      • Demonstrating, throughout, competence, integrity, and professionalism; and 
      • Bringing, to the practice of technology law for her clients and colleagues, a sense of fun. 

      She stands as a model to other practitioners. 

      Background:

      When Amy-Lynne began her legal career in the 1980s in Ottawa as the first General Counsel of SHL Systemhouse, there was no computer law and no privacy law. Amy-Lynne was one of the very few Canadian practitioners who were adapting the principles of commercial, contract and intellectual property law to the adoption of computing technologies by business and government and the rise of personal computing. This meant wrestling with the novel issues raised by these technologies and coming up with practical responses. The solutions that Amy-Lynne negotiated became a baseline for Canadian technology practice. As one client noted in the midst of negotiations on a thorny issue “Amy-Lynne’s way of doing things is the Canadian standard on this issue.” In those early days, she also gave evidence to the Parliamentary Committees looking into questions such as “How should the law deal with unauthorized access to computers?” and “Is Software copyrightable?” Since then, in recognition of her expertise, she has acted as an expert witness and as an international commercial arbitrator. 

      As the practice area evolved, Amy-Lynne became convinced that there was a different way to practice law. In 1994, she and six colleagues established Deeth Williams Wall LLP (DWW). DWW was different. It provided its clients with specialized advice on technology law and intellectual property that was grounded in an understanding of the technology and its business impacts, but it also made technology use essential to its operation. Amy-Lynne was DWW’s first Managing Partner and led 

      the firm for its first five years. During that time, DWW provided computers, document processing software and email to the firm’s lawyers when none of this was common practice in Canadian law firms. Additionally, DWW established the infrastructure needed for lawyers to work remotely, decades before that became a common practice. 

      She has shared her knowledge and expertise writing and speaking extensively on technology issues. She was one of the earliest speakers to address the Toronto Computer Lawyers Group (TCLG), presenting in the early 1980s. She has spoken throughout her career to diverse business and legal organizations including as recently as 2019 when she spoke on the impacts of Artificial Intelligence. 

      Amy-Lynne always felt the need for a Canadian voice in technology law. She was one of the small group of practitioners who assembled in 1996 to found the Canadian Information Technology Law Association (now the Canadian Technology Law Association (CAN-TECH)). She became the second President in 2000, and she continues to be an active supporter of the organization today – encouraging all young technology lawyers to become members. 

      From the 1980s, she has been an active participant in the Computer Law Association (CLA), rising to Chair of the Program Committee and then, in 2005-2006, to President. As President, Amy-Lynne was responsible for the rebranding of the CLA as the International Technology Law Association (ITechLaw) and refocusing the organization from a Washington D.C.-centric organization to one concerned with international reach, broadening its international membership and its conference locations, and forever influencing the future direction and character of global technology law. 

      Throughout her career, Amy-Lynne has acted as a mentor and contributed to the development of her colleagues. DWW articling students and lawyers, who learned the practice of technology law under Amy-Lynne’s watchful eye, have gone on to successful careers at WeirFoulds, Baker McKenzie, PayPal, Manulife, Royal Bank of Canada, Varicent, the Ontario Ministry of Health, and University Health Network, among others. Her mentorship has never been limited just to DWW personnel. She has acted as a mentor to lawyers working in a variety of firms, always been available to provide career advice but also encouraging them to become active participants in groups like CAN-TECH and ITechLaw. You can see her encouragement manifested in ITechLaw (e.g., John Beardwood, Elisabeth Symons) and CAN-TECH (e.g., Jennifer Davidson, Lisa Lifshitz). 

      Amy-Lynne’s professional competence, integrity and civility is summed up in the comments of Dr. C. Ian Kyer who expressed what it is like to work with Amy-Lynne:

      “I have worked with Amy-Lynne Williams for more than thirty years. Amy-Lynne is one of the most competent and helpful lawyers it has been my pleasure to work with during this time. It was never easy being on the other side of Amy-Lynne, but because of her professionalism, civility, and integrity, it was always a pleasure. Throughout, she was fair, reasonable, perceptive, imaginative, and civil. One could not ask for more in working with counsel on the other side.”

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