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British Columbia Supreme Court emphasizes the importance of contextual assessment when assessing privacy risks associated with information access requests

August 29, 2023 | David Krebs, Baljinder Bains, Vanessa Rosteski

MT Cybersecurity Blog

Introduction In Airbnb Ireland UC v Vancouver (City), 2023 BCSC 1137, the British Columbia Supreme Court (the “Court”) highlighted the privacy implications for companies and other parties who provide information to public bodies. Airbnb Ireland UC (“Airbnb”) applied for judicial […]

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BC Supreme Court comments on requirements to obtain an order compelling an independent medical examination

August 23, 2023 | Caitlin VanDuzer, Michael Gargaro

MT Insurance Law Blog

Two recent decisions from the Supreme Court of British Columbia have highlighted particular requirements and certain barriers in relation to obtaining an order to compel a plaintiff’s attendance at an independent medical examination (“IME”). In Gysbers v. Patkunalingam, 2023 BCSC […]

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Saskatchewan Court of Appeal confirms proof of a material change in risk requires strong evidentiary foundation

July 25, 2023 | Caitlin VanDuzer, Lara Jung

MT Insurance Law Blog

Introduction Wynward Insurance Group v Smith Building and Development Ltd, 2023 SKCA 57 highlights significant considerations for insurers who are considering denying claims on the basis of an insured’s failure to disclose a material change in risk. Background facts The […]

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Mobile apps: What businesses should know a year after the Tim Hortons data tracking scandal

July 12, 2023 | David Krebs, Kristen Ward

MT Cybersecurity Blog

Many businesses are tapping into the digital economy by creating mobile apps to enhance customer experience, build brand awareness, and boost marketing outcomes, which often includes collecting (sometimes very detailed) information from users. However, creating and deploying these apps comes […]

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Alberta Court of Appeal reduces damage award to account for insured’s actual loss

July 12, 2023 | Caitlin VanDuzer, Derren Roberts

MT Insurance Law Blog

Introduction In Shelter Canadian Properties Limited v Aviva Insurance Company of Canada, 2023 ABCA 74, the Alberta Court of Appeal reduced an indemnity payment for loss of rental income to account for the increase in the net rental income of […]

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AI poses new threats to cybersecurity: How Canadian boards can navigate the evolving cyber risk landscape to stay ahead of the curve

June 7, 2023 | David Krebs, Kristen Ward

MT Cybersecurity Blog

The cybersecurity threat landscape is currently at a time when new threats are continuing to emerge, not the least of which are risks related to the use of artificial intelligence (AI), specifically generative AI. In response, there is increasing pressure […]

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Ontario Court of Appeal affirms that the “true nature of a claim” will impact duty to defend

May 31, 2023 | Caitlin VanDuzer, Vanessa Rosteski

MT Insurance Law Blog

Introduction In Butterfield v Intact Insurance Company, 2023 ONCA 246, the Ontario Court of Appeal affirmed that Intact Insurance Company (“Intact”) did not have a duty to defend Mr. Butterfield (the “Appellant”) against a negligence claim because the policy’s intentional […]

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British Columbia Court of Appeal upholds implied undertaking of confidentiality

May 25, 2023 | Karen L. Weslowski

MT Insurance Law Blog

Introduction In the recent case of Association of Professional Engineers and Geoscientists of the Province of British Columbia v. Engineer X, 2023 BCCA 211, the British Columbia Court of Appeal considered whether the implied undertaking should be lifted to allow […]

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Meaningful consent and data protection of third-party apps: Federal Court dismisses Privacy Commissioner’s complaint against Facebook

May 3, 2023 | David Krebs, Amanda Cutinha, Hayden Sahid

MT Cybersecurity Blog

On April 13, 2023, the Federal Court handed down its decision in a case brought by the Office of the Privacy Commissioner of Canada (the “OPC”) against Facebook Inc. (“Facebook”).[1] The case centers around Facebook’s obligations with respect to third-party […]

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Litigation privilege: A recent review by the Superior Court of Quebec

April 26, 2023 | Jasmine de Guise

MT Insurance Law Blog

In insurance matters, litigation privilege is a frequent principle of law raised by litigators to deny the disclosure of documents. On February 2, 2023, Justice Daniel Dumais of the Superior Court of Quebec adjudicated an objection based on this particular […]

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Disclaimer

This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.