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BC Supreme Court considers the Insurance Act’s dispute resolution process
MT Insurance Law Blog
Introduction In King v. Aviva Insurance Company of Canada, 2022 BCSC 973, the BC Supreme Court (the “Court”) held that Ms. Paula King (the “Insured”) could not opt out of the mandatory dispute resolution process (“DRP”) she had commenced pursuant...
Takeaways on privacy breach risk assessment and data security programs: Alberta Privacy Commissioner issues breach report
MT Cybersecurity Blog
On July 29, 2022 the Office of the Information and Privacy Commissioner of Alberta (the “OIPC”) issued its report on data breaches (PDF) (the “Report”). Alberta has been the leading Canadian jurisdiction with the most long-standing experience when it comes to reviewing,...
Marriage-like relationships and intestate succession in BC: Coad v. Lariviere
MT Estate Litigation Blog
Pursuant to British Columbia’s Wills, Estates and Succession Act, S.B.C. 2009, c. 13 (“WESA”), when a person dies without a will, that person’s surviving spouse is entitled to inherit either the entirety of the estate (if there are no descendants)...
Commencing a proceeding on behalf of the estate of a deceased person: Hoggan v. Silvey
MT Estate Litigation Blog
A recent decision by the British Columbia Court of Appeal has transformed the approach for commencing a proceeding on behalf of the estate of a deceased person in British Columbia. Hoggan v. Silvey, 2022 BCCA 176, began with a dispute...
Bill C-26: A strengthening of Canada’s cyber security through mandatory reporting of cyber incidents
MT Cybersecurity Blog
With the continuing threats posed by cyber criminals, state sponsored attacks, and other cybersecurity issues, the Canadian government has taken steps in line with those recently taken by the US government in order to protect and maintain oversight over critical...
A double-take on double-tracking: Takeaways from the privacy investigation into the Tim Hortons’ app
MT Cybersecurity Blog
A recent investigation report into Tim Hortons, co-authored by the Office of the Privacy Commissioner of Canada (“OPC“), Commission d’accès à l’information du Québec, Office of the Information and Privacy Commissioner of Alberta, and Office of the Information and Privacy...
A foul ball to the head: No negligence established under the Occupier’s Liability Act
MT Insurance Law Blog
Introduction The British Columbia Court of Appeal, in Rivers v North Vancouver (District), 2021 BCCA 407, considered a negligence claim brought pursuant to the common law and British Columbia’s Occupiers Liability Act (the “Act”). In doing so, they clarified what...
Federal Commissioner tables recommendations for privacy law reform
MT Cybersecurity Blog
In the context of the Canadian Government’s plans to replace the current federal private sector privacy legislation in Canada – The Personal Information Protection and Electronic Documents Act (the “PIPEDA“), the Office of the Privacy Commissioner of Canada (the “OPC“) has...
French data protection authority fines health software provider €1.5M for failing to protect personal information
MT Cybersecurity Blog
Cybersecurity attacks, data security, and privacy breaches are no longer confined to the technical and esoteric discussions of lawyers, IT professionals, and privacy communities but rather over the past two years have become part of “coffee row” and “water cooler”...
British Columbia Court of Appeal comments on the test for want for prosecution applications
MT Insurance Law Blog
Introduction The Court of Appeal for British Columbia (the “Court of Appeal”), in Drennan v Smith, 2022 BCCA 86, provided significant commentary on want for prosecution applications and warned of possible changes to come. Mr. Tyler Drennan (the “Appellant”) appealed...
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.