News

Courts continue to approve various internet-based modes of serving process in litigation

Over the many years this newsletter has been published, the editors have tried to monitor and occasionally report on cases where courts approve internet-based methods of substituted service (i.e., where personal service cannot be achieved on a party, a court-approved way of bringing court documents to the party’s attention).

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Said to be an interim measure until AI specific legislation comes into effect

While the Artificial Intelligence and Data Act (being one part of Bill C-27, the Digital Charter Implementation Act, 2022) winds its way through Parliament, the Minister of Innovation, Science and Industry has released what is called the “Voluntary Code of Conduct on the Responsible Development and Management of Advanced Generative AI Systems.”

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Privacy law changes will have a significant effect outside of the province and brings huge possible penalties

The next phase of updates to both the public and private sector privacy laws in Quebec came into effect on September 22, 2023.

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OPC concluded that Canada Post did not have implied authorization for the creation of targeted marketing lists derived from a range of sources, including envelopes and packages.

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Nova Scotia court awards heavy damages and injunctions for defamation of foreign national

In Abdelkader v. Khalil, Justice Gail Gatchalian of the Supreme Court of Nova Scotia presided over a summary judgment motion in a defamation action. The plaintiff was a high-ranking employee of the government of Egypt, who lived in Cairo.

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The Department of Finance Canada has launched a wide-ranging consultation, seeking input on a range of topics that will be of interest to technology lawyers and their clients.

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Materials gathered from internet improperly admitted in contested family law case

In J.N. v. C.G., the Ontario Court of Appeal heard an appeal from a lower court judge’s decision awarding the mother of two children decision-making authority regarding whether the children should receive the COVID vaccine. The father (from whom the mother was divorced), who wanted the children vaccinated, had applied for decision-making authority but was opposed by the mother, who did not want the children vaccinated. In support of her argument the mother filed numerous unsworn “reports,” excerpts from publications that purported to be medical journals, and opinions given by people whose professional qualifications (if any) were not established or verifiable. The trial judge relied on these as essentially providing expert evidence, at least to the effect that the efficacy and safety of the COVID vaccines was not established and that suggestions that they were had been authoritatively disputed. On the father’s appeal, the Court of Appeal ruled that the judge had erred in so doing, in reasons that are worth quoting at some length:

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Decision, in a de novo hearing, turned on lack of evidence related to “inadequate consent”

On April 13, 2023, the Federal Court of Canada released an important decision as part of the still ongoing saga related to the “Cambridge Analytica” incident involving Facebook. The decision by Justice Manson follows the Privacy Commissioner of Canada’s application for a determination that Facebook had violated the Personal Information Protection and Electronic Documents Act. 

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Motion judge rules that hyperlink to list of plaintiffs sufficiently connects defamatory statements to a selection of the plaintiffs

In Environmental Defence Canada Inc. et al v. Kenney et al, Justice Avril Inglis of the Alberta Court of Kings Bench heard a motion for summary judgment in a defamation action brought by a number of environmental organizations against former Alberta Premier Jason Kenney and the Provincial Crown. The plaintiff organizations were named in the Report of the Public Inquiry into Anti-Alberta Energy Campaigns as having been “participants in anti-Alberta energy campaigns.” Facebook and Twitter posts by Kenney spoke to “foreign-funded misinformation campaigns” that caused hardship for Alberta energy workers; these posts connected to the Inquiry’s webpage, which made similarly defamatory statements, and in turn linked to a document called “Key Findings” (of the Inquiry Report) that listed the plaintiff organizations, among others, as having been involved in a “campaign of misinformation” etc. (and also linked to the Inquiry Report itself).

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Facial recognition technology is not “appropriate” in the retail context

The Information and Privacy Commissioner has issued an investigation report under the Personal Information Protection Act of B.C. that essentially shuts down the widespread use of biometric facial recognition in the retail context, at least for identifying “persons of interest.” 

The Commissioner undertook this investigation on his own accord after seeking information on how prevalent the use of biometrics is in the retail sector. The OIPC surveyed 13 of the province’s largest retailers on their use of facial recognition technology, or “FRT”; 12 responded that they did not use FRT. The remaining retailer, Canadian Tire Corporation, requested that the OIPC contact their 55 independently owned Associate Dealer stores in the province. Twelve of the independent dealers reported using FRT. The Commissioner then commenced an investigation under s. 36(1)(a) of the Personal Information Protection Act of four of the locations, scattered across the province. 

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