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Results: 1-10 of 198

Individual issues overwhelm in data breach class action

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 29 2013

A 'massive' data breach occurred at Hannaford Bros supermarkets over a 3-month period in 2007-08, resulting in the theft of customer financial

No ‘essentially unlimited right’ to search student mobile phone

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 19 2013

The digital age raises difficult privacy issues. The Supreme Court of Canada recently said that the expectation of privacy in text messages precludes

General warrant not enough for access to stored text messages; specific wiretap authorisation required

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 2 2013

Two Telus subscribers in Owen Sound, Ont. appeared to be sending more than the usual 'LOL' or even 'LMFAO' kind of text messages. On the strength of

Submitting a fake judgment: not a good litigation strategy

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 19 2013

Did the plaintiffs in D'Souza v Linton, 2013 ONSC 70, think Justice Penny just wouldn't notice? Apparently: as part of their motion materials in a

Summary judgment motion to be struck ‘only in the clearest of cases’

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 19 2013

So said Justice Goldstein in Stever v Rainbow International Carpet Dyeing & Cleaning Co, 2013 ONSC 241. The judge noted there that the Ontario Court

Australian state enacts journalist-source privilege

  • Borden Ladner Gervais LLP
  • -
  • Australia, Canada
  • -
  • March 19 2013

The legislature of Victoria has enacted a statutory privilege to protect communications between an informant and a journalist, which came into force

Can the trustee of an incapable adult obtain privileged information previously received by the latter?

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 19 2013

Doreen Wayne suffers from dementia. Her son William was appointed as committee (trustee) of her estate by the BC Supreme Court, and wanted to obtain

Will we ever know what the deal is with waiver of tort?

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 19 2013

Not for the foreseeable future, now that the Supreme Court of Canada has denied leave to appeal the BC Court of Appeal's decision in Koubi v Mazda

Tax authorities must disclose basis of case under GAAR

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 19 2013

The Minister of National Revenue's policy in litigating a case founded on the general anti-avoidance rule (GAAR) in s 245 of the Income Tax Act (ITA

Restrictive covenants without readily ascertainable limits found unenforceable

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 19 2013

Derek Martin had worked for ConCreate USL for 20 years. The company was sold to entities controlled by TriWest Construction Limited Partnership. As