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Miller Thomson blogs

Miller Thomson Blogs put a more conversational lens on Canadian law. See the diverse perspectives of our lawyers here.

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40% of data breach records insufficient – Canadian Privacy Commissioner releases findings on data breach register inspections

October 5, 2020 | David Krebs, Elissa Brock

MT Cybersecurity Blog

As the Canadian Office of the Privacy Commissioner (“OPC”) signaled it would do at the end of 2019, it completed a targeted investigation of data breach registers at a select number of organizations. The OPC released has now released a...

Jacobson Estate: Testamentary intentions v. strict compliance

September 24, 2020 | Alexander Swabuk

MT Estate Litigation Blog

The Supreme Court of British Columbia recently released an important decision regarding the curative powers of section 58 of the Wills, Estates and Succession Act, SBC 2009, c 13 (“WESA”) with respect to the validity of certain gifts. Jacobson Estate...

The FCA test case: Assessing its impact on COVID-19 business interruption coverage in Canada

September 17, 2020 | Eric S. Charleston, Sean McGarry

MT Insurance Law Blog

The High Court of England and Wales released its decision in a much-anticipated test case on September 15, 2020. The case was brought by the United Kingdom’s Financial Conduct Authority (the “FCA”). The FCA brought the proceeding against a number...

British Columbia Court of Appeal upholds certification of data breach class action

September 14, 2020 | David Krebs

MT Cybersecurity Blog

Following in the footsteps of Jones v. Tsige from the Court of Appeal for Ontario in 2012, the recent British Columbia Court of Appeal decision in Tucci v. Peoples Trust Co. (2020 BCCA 246) appears to be solidifying the future...

Ontario government launches consultations on establishing provincial privacy regime for private sector

August 28, 2020 | David Krebs, Amanda Cutinha

MT Cybersecurity Blog

On August 13, 2020, the Ontario Government (the “Government”) launched consultations on establishing provincial privacy legislation for the private sector, likely including not-for-profits and charities. The collection, use, and disclosure of personal information is currently governed by federal legislation, the...

Bill 21: Electronic wills in British Columbia

August 27, 2020 | Alexander Swabuk

MT Estate Litigation Blog

Following the surge of the COVID-19 Pandemic, the BC Legislature undertook a myriad of proactive measures to assist the general public. One such step from an estate planning perspective was the introduction of Bill 21: Wills Estates and Succession Amendment Act,...

Supreme Court of Canada to consider dichotomy between policy and operational decisions in negligence claims

August 24, 2020 | Nico McKay, Christie McLeod

MT Insurance Law Blog

The Supreme Court of Canada has recently granted leave to appeal the decision of the B.C. Court of Appeal in Marchi v Nelson (City of), 2020 BCCA 1. The key question on appeal is whether certain acts or omissions on...

Responding to cyber-attacks – lessons for Saskatchewan municipalities from recent data breaches

August 20, 2020 | David Krebs, Troy Baril, Danny Alcorn, Jacey Safnuk

MT Cybersecurity Blog

Privacy concerns are at the forefront of our increasingly digital world, with cybercrime such as ransomware, business email compromise and phishing attacks becoming a noticeable risk for organizations. It is essential for municipalities to understand their minimum responsibilities under Saskatchewan...

A trustee’s duties in volatile markets

August 6, 2020 | Pia Hundal, Dwight D. Dee, Darren Lund

MT Estate Litigation Blog

Introduction Market volatility arising from the COVID-19 pandemic is unlike anything experienced in recent history. Two of the largest single day drops in the history of the Dow Jones Industrial Average occurred in March 2020. Later that same month, the...

The impact of destination traffic

August 5, 2020 | Rachel Day, Cynthia P. Carels

MT Personal Injury Blog

During the COVID-19 lockdowns, roadway traffic notably decreased. As early as March 2020, the need to drive to local destinations was reduced as organizations paused their operations, decreased their capacity or had staff work from home. Destination Traffic While Albertans...

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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.