News

Harasser ordered to take down posts and refrain from future comment.

In Miller et al v. Ahn et al, Miller had brought civil proceedings against Ahn in defamation, civil conspiracy, intentional interference with economic relations, internet harassment, and intentional infliction of mental suffering, inter alia. This stemmed from several disagreements the two had on Facebook relating to the Israel-Palestine conflict, Miller (who was a lawyer) having used insulting language to respond to some of Ahn’s posts.

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AI continues to make trouble for lots of different legal system players

This publication tries to regularly update on how the use of AI, particularly generative AI, is bedevilling the law, and justice system actors. There is no shortage of material for these updates.

As the Globe & Mail reported, the Quebec Court of Appeal, Superior Court, Cour de Quebec and municipal courts have jointly adopted Guidelines on the Use of Generative Artificial Intelligence by Judges.

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Omnibus public safety bill will also shift the onus of proof on key elements to the respondent.

The Nova Scotia government has introduced an omnibus public safety bill in the province’s legislature, Bill 269, which will among other things, add “deepfake” intimate images to the Intimate Images and Cyber-protection Act. The Bill will create two categories of “intimate images”, namely a “personal intimate image” and a “fake intimate image”.

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Test adopted differs slightly from Ontario’s, changing the frame to a reasonable person in the position of the plaintiff.

The Alberta Court of King’s Bench, in BD v Germain, has recognized the tort of “intrusion upon seclusion” in the province, but has added a small tweak compared to its articulation in Jones v Tsige. In Jones v Tsige, the Ontario Court of Appeal imported into Ontario the existing American privacy torts, including “intrusion upon seclusion”.

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Court will be tasked with deciding whether PIPEDA contains a “right to be forgotten” and whether it is constitutionally tenable.

On August 28, 2026, the Office of Privacy Commissioner of Canada (OPC) announced that it had filed a court application under s. 15 of the Personal Information Protection and Electronic Documents Act (“PIPEDA”) naming Google LLC as the respondent, following the office’s finding that Canada’s privacy law includes a right to have certain search results de-listed.

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We are pleased to announce Erin Rubin as the winner of the 2026 CAN-TECH Rising Star in Tech Law Award!

Erin Rubin's practice is focused on complex commercial transactions involving technology, services, business processes, and strategic partnerships. She supports financial institutions, retailers, emerging and high growth companies, and other enterprises in drafting and negotiating commercial agreements and conducting IT-related procurements.

Erin regularly leads transactions in open banking, including data sharing agreements between fintechs and financial institutions, and has helped clients launch new financial products, expand into new lines of business, engage in high-value procurements, establish global capability centres, and enter co-branded credit card and other loyalty arrangements.

She supports clients across industries to contract for services leveraging artificial intelligence. Erin has been recognized as a Rising Star by IFLR and proudly co-led the Osler Women Lawyers’ Network.

We are pleased to announce that the 2026 CAN-TECH Law Award of Distinction winner is Lisa R. Lifshitz!

Lisa R. Lifshitz is a Partner at Torkin Manes LLP and Chair of its Technology Group, Co-Chair of its AI & Innovation Group and immediate past Chair of its Privacy, Data & Cybersecurity Group. She practices exclusively in technology, privacy, and cybersecurity law. Lisa has extensive expertise drafting and negotiating technology agreements, including managed services, AI, fintech, and digital agreements.

She represents both vendors and users across private and public sectors, excelling at negotiating large and complex technology transactions and procurements. She advises clients on Canadian privacy and cybersecurity compliance, including trans-border data transfers and breach coaching.

A prolific thought leader, Lisa has contributed to numerous publications including Business Law Today, Canadian Lawyer, The SciTech Lawyer, Oxford Law Pro and was the co-editor and a contributor to Cloud 3.0: Drafting and Negotiating Cloud Computing Agreements (ABA, 2019). Lisa holds elite rankings from Chambers Canada, Chambers Global, Best Lawyers in Canada, LEXPERT, and Lexology Index (Global Elite Thought Leader). She received the Lexology Index 2025 and 2026 Client Choice Award for Data in Ontario. Lisa is the Vice Chair of the ABA Business Law Section, co-Chair of its AI and Robotics Subcommittee and co-Editor in Chief of The Business Lawyer. She is a past Director and President of Can-Tech and is currently the Co-Chair of its Privacy & Cybersecurity Committee.

Thursday, September 10 2026, 12 to 1 p.m ET

Join our Privacy & Cybersecurity Committee for a detailed review of the private right of action under the proposed Protecting Privacy and Consumer Data Act. We will explain how it differs from PIPEDA in ways that make it a tool for class action litigation, raising the stakes for organizations. Following the detailed explanation, attendees will be invited to ask questions and make comments in a open session.

Click here to register

Host:

Jade Buchanan, Partner, McCarthy Tétrault

Jade is the co-chair of CAN-TECH’s Privacy & Cybersecurity Committee and facilitated the development of our DPA checklist. In his practice, he drafts and negotiates DPAs and sees them in action as a “breach coach” and in helping clients comply with their privacy obligations. With rankings from Chambers and Lexpert, and recognition as a 2024 Lexpert Rising Star and a 2021 Global Data Review 40 Under 40, Jade is one of British Columbia’s most recognized privacy and technology lawyers.

Presenter:

Thanasi Lampropoulos, Counsel, A.U.G. Signals Ltd.

Thanasi is a lawyer with experience spanning both private and in-house legal practice. Thanasi currently serves as legal counsel at A.U.G. Signals Ltd., a Toronto-based technology company, and advises on a range of commercial, corporate, product, privacy, intellectual property, technology, and procurement matters. Before moving in-house, Thanasi practiced commercial and civil litigation in Toronto, advocating for clients on a broad variety of legal areas at all levels of court in Ontario.

Fees:

FREE: CAN-TECH Members

$20: Non-Members (plus tax)

New York court rules that privilege lost when information typed into AI platform

In United States v. Heppner, the accused was advised by lawyers on his fraud charges, but also tried to formulate legal strategy on his own (explicitly not at the direction or suggestion of his lawyers).

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UK court eviscerates credibility of witness due to “coaching” via smart glasses

The British case of UAB and Jakstys v. Oneta Limited et al. provides an instructive illustration of how trial witnesses may try to use technology to improperly aid or affect their testimony, and how this affects the court’s assessment of witness credibility in such a situation.

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