News

Slightly modified version of previous bill re-introduced after recent federal election.

Though Bill S-210, Protecting Young Persons from Exposure to Pornography Act, fell off the order paper when Parliament was prorogued, the Bill’s sponsor Senator Julie Miville-Dechêne has reintroduced it with some modifications in the current session as Bill S-209.

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Social media platform applies for judicial review of BC Civil Resolution Tribunal order to take down image worldwide.

In the September issue of this newsletter, we reported on the case of Re X Corp., 2025 BCCRT 1228, a decision of the British Columbia Civil Resolution Tribunal (“CRT”). The CRT had earlier issued a decision under the BC Intimate Images Act, ordering X (formerly Twitter) to take down certain intimate images of the complainant. X responded by “geo-fencing” the images, which made them inaccessible from Canada. In a further proceeding by the complainant, the CRT ruled that geo-fencing was inadequate and that X had not complied with the order. It ordered X to take down the images globally and fined it $100,000.00, the highest available penalty from that body.

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Parties, lawyers and judges continue to face sanctions for improper use of generative AI in cases.

This newsletter has previously reported on cases where improper use of generative AI has had repercussions in the conduct of legal proceedings, in Canada and elsewhere. We come to the topic yet again, however, to note that what began as a trickle has become a stream—and perhaps the harbinger of a flood.

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In order to sue for invasion of privacy, one has to have an expectation of privacy in the information at issue.

The British Columbia Court of Appeal’s decision in RateMDs Inc. v. Bleuler clarifies the limits of statutory privacy torts under the BC Privacy Act in the context of online review platforms. The case arose after Dr. Ramona Bleuler, a British Columbia physician, discovered that RateMDs.com—a website hosting reviews, ratings, and comparative rankings of health professionals—had created a profile for her without her consent. The profile contained her name, professional contact information, anonymous user reviews, and a ranking relative to other physicians.

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French government says the records are lawfully available via diplomatic channels, but a Canadian order to produce them despite a French blocking statute is upheld on review.

While the Canadian government is contemplating “digital sovereignty” for Canadian data, an Ontario court has ordered a French company to produce records in violation of a law designed to protect French data sovereignty.

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Proposed class action lawsuit involving global web of affiliated defendants dismissed.

In Shirodkar v. Coinbase Global, Inc., the appellant was hoping to pursue a class action lawsuit on Ontario against a crypto asset trading platform comprising Coinbase Global, Inc. and its subsidiaries Coinbase Inc., Coinbase Canada Inc., and Coinbase Europe Limited. The court below had dismissed the case on jurisdictional grounds, and the appellant sought to have that reversed before the Ontario Court of Appeal.

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Ontario privacy regulator faults university for not discovering biometrics in vending machines.

The Information and Privacy Commissioner of Ontario (IPC) recently released a privacy complaint report that raises some interesting questions about privacy due diligence in procurement. In the report, the IPC faulted a university for a vendor’s deployment of technologies that the university was not aware of and arguably would not have expected.

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BC Civil Resolution Tribunal rejects X’s argument that Canada-only takedown sufficient (but censures complainant for using AI.

In Re X Corp., 2025 BCCRT 1228, vice-chair Eric Regehr of the British Columbia Civil Resolution Tribunal (CRT) imposed a $100,000 administrative monetary penalty on X (formerly Twitter), which the Tribunal noted was the first one ever imposed on an internet intermediary. In a decision from March 2025, the CRT had issued a protection order under the BC Intimate Images Act, which had ordered X and other internet intermediaries to remove an intimate image of the (anonymous) complainant from its platform, delete or destroy the image, and de-index the image from any search engine. The complainant continued to monitor the platform for postings of the image, particularly one account that persistently re-posts it, and informed X of instances of this. X responded by indicating that it had geo-fenced the image in Canada, i.e., ensured that the image could not be accessed from Canada. The complainant then began this proceeding arguing that X had not complied with the order.

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Recent cases involve termination and professional discipline

Psychologists and other experts have been pointing out, for some time, that there is sometimes a disconnect between people’s online behaviour and their awareness or appreciation of potential consequences. This can be compounded by blurring of personal and employment/professional conduct and contexts—and all of it can come home to roost on social media, where there is great potential for misbehaviour that has consequences. The media, case law and relevant publications (including this newsletter) are full of examples, and they just keep coming.

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We are very pleased to announce Cecilia Barnes as the winner of the 2025 CAN-TECH Rising Star in Tech Law Award.

Cecilia Barnes is Counsel at Lawson Lundell LLP, where she advises a broad range of domestic and international technology clients on commercial transactions, intellectual property, privacy, and data security. Cecilia brings a unique blend of in-house experience and entrepreneurial insight to her work in private practice, having served as lead commercial counsel at high-growth companies and supported major milestones such as a $950M IPO. She is known for her practical, business-oriented legal advice and her ability to bridge law, technology, and innovation.

Cecilia was recognized in Best Lawyers: Ones to Watch in Canada 2025, a testament to her excellence and rising influence in the legal profession.

Beyond her legal practice, Cecilia is a passionate advocate for access to justice and inclusive innovation. She has led initiatives to expand legal support for underserved communities, including securing funding for BC’s first Black legal clinic and developing mobile legal tools to improve access to legal information across the province. A recognized thought leader, mentor, and educator, Cecilia contributes to the advancement of the tech law bar through teaching, speaking, and strategic partnerships. Her work bridges law, technology, and community – making her a true rising star in the field.