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“Made in Canada” – What is happening to Privacy by Design under the CPPA?
February 5, 2021
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MT Cybersecurity Blog
“Privacy by Design” has long been understood as the “gold standard” of data protection and at the core of how to sustain privacy rights in the digital age. It is a concept that can be said to have been “made...
Superior Court of Quebec dismisses authorization to institute a class action pursuant to the dispute resolution provision of insurance policy
January 29, 2021
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MT Insurance Law Blog
The COVID-19 pandemic has resulted in litigation, particularly in the context of class actions. In 2020, applications for authorization to commence class actions have been made notably against nursing homes,1 insurers2 and airline companies.3 In 9369-1426 Québec inc. (Restaurant Bâton...
UK Supreme Court judgment on COVID-19 business interruption insurance test case
January 15, 2021
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MT Insurance Law Blog
Today, the UK Supreme Court handed down its judgment in the COVID-19 business interruption insurance test case of The Financial Conduct Authority v Arch and Others. This judgment was the result of a “leap frog” appeal whereby the FCA and certain insurers...
Consent and the business activities exemption: A dive into the Consumer Privacy Protection Act (CPPA)
December 29, 2020
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MT Cybersecurity Blog
Now in its Second Reading, Bill C-11, the Consumer Privacy Protection Act (“CPPA”), is moving ever closer to adoption. The opening remarks by the Bill’s sponsor, MP Navdeep Bains, emphasized the law’s focus on control and consent with the aim...
Leave to appeal duty to defend issues denied by Supreme Court of Canada
December 8, 2020
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MT Insurance Law Blog
Recently, the Supreme Court of Canada denied leave to appeal decisions of the Alberta Court of Appeal and the Ontario Court of Appeal, respectively, regarding the duty to defend. As a result, the appellate decisions stand and are discussed below....
Canadian privacy law 2.0: Artificial intelligence (AI) and Bill C-11, the Consumer Privacy Protection Act
December 7, 2020
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MT Cybersecurity Blog
In a recent announcement, the Canadian federal Privacy Commissioner of Canada (“OPC”) released a report containing recommendations on how AI should be treated under Canadian privacy law, and what protections need to be in place to ensure AI applications reach...
Rempel Estate v. Dudley: Curative Powers found within the Wills, Estates and Succession Act, SBC 2009, c 13
December 1, 2020
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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 non-compliant documents that constitute a deceased’s testamentary intention....
The dawn of Canadian Privacy Law 2.0: The Consumer Privacy Protection Act introduced
November 19, 2020
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MT Cybersecurity Blog
The long-awaited overhaul of federal private sector privacy law, as outlined in our previous blog post, is finally here. The Digital Charter Implementation Act was introduced for First Reading on November 17, 2020, as Bill C-11. If enacted, the new...
Overview of Bill 41 and the changes to the Alberta Insurance Act
November 13, 2020
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MT Personal Injury Blog
On October 29, 2020, the Alberta Government introduced Bill 41, the Insurance (Enhancing Driver Affordability and Care) Amendment Act, 2020. In addition, new Orders in Council enacted changes effective November 1, 2020, to the Minor Injury Regulation, Diagnostic and Treatment...
The latest in insurance bad faith claims
November 5, 2020
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MT Insurance Law Blog
A bad faith claim against an insurer may result in liability beyond the policy limit. Where a plaintiff establishes that its insurer has responded to a claim in a manner that is offensive, reprehensible, or high-handed, the insurer may be...
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.