News

Court determines there’s a reasonable expectation of privacy in a bare IP address, requiring a court order for police to obtain

On the first of March, 2024, the Supreme Court of Canada released a significant privacy decision that should grab the attention of technology lawyers. The 5-4 decision in R v Bykovets follows the 2014 unanimous decision in R v Spencer to conclude that the police have to get a court order before asking a company for an IP address that may lead them to the identity of a suspect. Until this decision, it was unclear whether the police required a court order to collect the digital “breadcrumbs” at the beginning of an investigation.

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Author: Simran Mann, J.D. Candidate at the University of Ottawa

The Women in Technology (WIT) committee celebrated its second annual International Women’s Day event on March 7th at The Loft (18 Tank House Lane, Toronto). The theme of this year’s event was “#InspireInclusion: If Not Her, Then Whom?”, aimed at highlighting the unique challenges and triumphs of women in law and technology.

Standing up from left to right: (1) Tetyana Klimova, Lawyer at EY Law LLP; and (2) Jennifer Davidson, Board Member of CAN-TECH and Partner at Deeth Williams Wall LLP.

With a full house event, this evening sparked reflection, compassion, and unity. With women from all walks of life, the room invited insightful dialogue and discussion. The evening kicked off with opening remarks from Jennifer Davidson, followed by Tetyana Klimova who helped moderate this year’s event.

Fireside Chat

Left to right: (1) Wendes Keung, Co-Chair of WIT and Associate at McCarthy Tétrault LLP; (2) Aashima Singh, Senior Legal Counsel at Lightspeed Commerce; (3) Taslenna Shairulla, Senior Legal Counsel and Chief Privacy Officer at Capital One; (4) Breanna Needham, Associate at DLA Piper; (5) Christine Jackson, Partner at Osler, Hoskin & Harcourt LLP; and (6) Fadwa Mohanna, Co-Founder and CEO at One37.

Featured above are the six extraordinary women who shared their personal stories about overcoming obstacles and reaching new heights. Wendes Keung reminded the room that while imposter syndrome can manifest as a result of perfectionism and self-doubt, it does not define your true abilities. Aashima Singh emphasized the importance of staying true to yourself, even when it does not succumb to other people’s expectations. Taslenna Shairulla explained how failures can serve as valuable lessons and should not deter anyone from achieving their goals. Breanna Needham emphasized that resiliency is not just breaking the glass ceiling, but understanding when to redirect your efforts when the situation no longer serves you. Christine Jackson helped to reframe the conversation on work-life balance by changing how we view priorities through the glass ball theory. Last but not least, Fadwa Mohanna emphasized the importance of women supporting other women and having strong female role models when navigating the gender disparity in technology. Overall, these six women helped to inform, influence, and inspire the roles that women play in society.

Tech Trivia

Featured: Fadwa Mohanna and the vintage brooches.

Following the fireside chat, attendees participated in a game of trivia. Members of the winning team each received a vintage brooch courtesy of Fadwa Mohanna. Inspired by the historical significance of jewelry in the suffragette movement, these brooches symbolize strength and resilience. Inevitably, with the event attracting many talented and smart minds, two teams tied for first place. Thanks to Fadwa, there were plenty of beautiful brooches made available!

Thank You

Top row from left to right: (1) Taslenna Shairulla; (2) Breanna Needham; (3) Kuljit Bhogal (Co-Chair of WIT and Associate at Osler, Hoskin & Harcourt LLP); (4) Fadwa Mohanna; and (5) Tetyana Klimova. Bottom row from left to right: (1) Aashima Singh; (2) Wendes Keung; and (3) Mallory Allan (Associate Legal Counsel at Healthcare of Ontario Pension Plan).

Both Kuljit Bhogal and Wendes Keung played an instrumental role in the curation of this year’s International Women’s Day event. Thank you to this year’s sponsors: Blakes, Cassels & Graydon LLP, Deeth Williams Wall LLP, McCarthy Tétrault LLP, and WeirFoulds LLP. It is thanks to the support of volunteers, sponsors, and attendees that the event was such a success.

From discussions on breaking barriers to celebrating achievements, the event served as a powerful reminder of the progress made and the work still ahead in promoting gender equality and diversity. The WIT committee hopes that this event encourages more people to champion inclusion in their workplaces and communities, embodying the spirit of the mission to #InspireInclusion in their daily lives.

CRTC says that fraudulent phishing campaign was carried out with more than 30,000 recipients 

On October 30, 2023, the Canadian Radio-television and Telecommunications Commission announced that it had imposed an administrative monetary penalty of $40,000 in connection with a high volume phishing campaign. The CRTC said it began an investigation after being alerted by a phone company about a potential scam affecting their customers.

Read the full article here.

Online reviews, right to repair, charger compatibility, voidable contracts and heavier penalties are soon coming into effect. 

The Ontario Government has passed Bill 142, entitled “Better for Consumers, Better for Businesses Act, 2023”, which will replace the province’s Consumer Protection Act, 2022 and received royal assent on December 6, 2023. Of particular note for technology lawyers:

Contract disclosures: The amendments consolidate existing contract disclosure requirements into a single set of “rules respecting various consumer contracts” applicable to a range of contracts including as direct, remote, internet, and future performance contracts. The categories of contracts to which this applies can be expanded by regulation.

Online reviews: Suppliers subject to the act are prohibited from including any terms that prevent consumers from publishing a review about the supplier, its goods or services. 

Limiting damages or recourse: Suppliers are prohibited from limiting the monetary limit for a breach of warranty under the Sales of Goods Act or any deemed warranty under the new Act. In addition, arbitration clauses or other terms that purport to restrict access to the Ontario Superior Court of Justice are prohibited. 

Read the full article here.

Decision follows trend starting in BC that a virtual presence in Canada is enough to be ordered to produce records

The Federal Court of Canada, in connection with an application for a warrant and an assistance order under the Canadian Security Intelligence Service Act, was required to consider whether an assistance order under s. 22.3(1) of that Act could be issued to order a legal person with no physical presence in Canada to assist CSIS with giving effect to a warrant. The order would have extra-territorial effect. 

In a redacted decision, Re Canadian Security Intelligence Service Act (Can), the court concluded that it can, provided that the subject of the assistance order has a “virtual presence” in Canada. The decision notes that the foreign company involved was willing to assist, but needed to see a court order to manage their possible legal liability:

Read the full article here.

Courts, regulators weigh in on the use of Large Language Models in the practice of law

The already-infamous tale of an American litigator who relied on case citations that Chat GPT came up with for his brief—citations that were to fictional cases—is an indicator of the need for caution in the legal profession’s rush to embrace the use of Large Language Models (LLMs) for use in practice. Unsurprisingly, both the courts and professional regulators are weighing in. On 6 October 2023, the Alberta Court of King’s Bench released a “Notice to the Public and Legal Profession” entitled “Ensuring the Integrity of Court Submissions When Using Large Language Models.” Referring to “significant concerns surrounding the potential fabrication of legal authorities through…LLMs,” the Court set out principles to guide the use of the technology:

Read the full article here.

Alberta Law Reform Institute publishes report on creation of electronic wills

In October 2023 the Alberta Law Reform Institute (ALRI) published its Final Report No 119: Creation of Electronic Wills. The impetus for the project was the fact that the province’s Wills and Succession Act is silent on whether it even permits or prohibits the making of electronic wills, let alone whether or how the standard conditions for validity can be met. ALRI noted that it was not required to start “from scratch” with this project, as the Uniform Law Commission of Canada (ULCC) had published its Uniform Wills Act in 2015, and thus ALRI took as its task an inquiry into whether and to what extent Alberta should adopt the ULCC provisions.

Read the full article here.

Mind the Gaps: The Impact of Emerging Threats on Cyber Insurance

Thursday, December 7, 12 to 1 p.m. EST

View CPD Information

Cybersecurity insurance is a nascent product reacting to a fast-evolving threat landscape. Every business in every sector is vulnerable to data breach, ransomware, and other cyber attacks. New cyber threats are on the horizon and most of today’s coverage options are inadequate to cover them. 

Please join Howard Smith for an informative lunchtime webinar on December 7 where he will discuss what cyber insurance does and does not cover. Howard will also shed light on emerging cyber threats impacting industrial control systems and industrial IoT (internet of things) and the gaps in coverage these threats pose.

Featured Speaker: Howard Smith, Cyber Insurance Counsel

Howard Smith was called to the Ontario Bar in 1994 and practices cyber insurance law, providing counsel to insurers, brokers, and corporate risk managers. For many years, Howard provided legal counsel to commercial insurers’ underwriting and claims departments, exposing him to a broad range of commercial insurance products.

Outside of law, Howard ran the business development department of a Canadian venture capital firm that invests in international cybersecurity start-ups. In 2022, he founded a business development agency that represents cybersecurity and computer-vision technologies. 

Moderated by: Jennifer R. Davidson, Partner, Deeth Williams Wall LLP

CPD PENDING

Registration:

• FREE for CAN-TECH Law members
• $25 plus HST: Non-members

REGISTER HERE

Dive into the world of artificial intelligence with the Women in TECH Book Club Event, reading "Klara and the Sun."

Join us in celebrating the power of literature and technology with the Women in Technology (WIT) committee of the CAN-TECH Law Association for a special book club evening. On November 1, starting at 6 pm at C'Est What?, 67 Front St E, Toronto, ON M5E 1B5, we'll gather to discuss the captivating novel "Klara and the Sun," engage with fellow technology enthusiasts, and enjoy a delightful selection of appetizers and drinks. This event is more than just a book club; it's an opportunity to explore the intersection of technology and humanity, network with like-minded individuals, and immerse yourself in an inspiring fusion of intellectual exploration and social connection. Whether you're passionate about artificial intelligence, curious about legal perspectives, or simply love a good book, this evening is designed for you.

Cocktails, Canapés, and Book Discussion: 6 p.m.

Location: C'est What?, 67 Front St E, Toronto, ON M5E 1B5

Cost: $35

What's Included:

• A copy of the book "Klara and the Sun" by Kazuo Ishiguro (pick up at Osler offices in First Canadian Place) - A $35 Value
• A VAST selection of appetizers and canapés catering to all dietary restrictions.
• A drink ticket for any drink of your choice

About the Book:

"Klara and the Sun" explores themes of artificial intelligence, humanity, and the essence of consciousness. Engage in a stimulating discussion about the novel's profound insights and connect with fellow technology enthusiasts.

How to Register:

Register Here to secure your spot. Seats are limited to 30 attendees, so register immediately.

Book Collection:

Email kbhogal@osler.com (with a cc’ to cmarcinkiewicz@osler.com) to advise on when you would like to collect your book.

Pick up your copy at the Osler Toronto office: Osler Hoskin and Harcourt, First Canadian Place, 100, 1 King St W Suite 6200, Toronto, ON M5X 1B8.

No Refunds:

Please note that there are no refunds for this event.

We look forward to seeing you there!

Thank You to Our Sponsors!

The 2023 CAN-TECH Fall Conference Awards was a fantastic event, honoring two exceptional individuals in the field of technology law. Amy-Lynne Williams received the inaugural CAN-TECH Award of Distinction, and Sam Ip was recognized with the inaugural CAN-TECH Rising Star in Tech Law Award, at the CAN-TECH Fall Conference Dinner, presented by Jennifer Davidson, CAN-TECH Law Past President.

Amy-Lynne Williams, a technology law pioneer with a career spanning over four decades, was celebrated for her significant contributions. She not only adapted Canadian laws to the challenges posed by emerging computing technologies but also founded the renowned technology and IP boutique law firm, Deeth Williams Wall LLP. Her mentorship and commitment to professionalism have made a lasting impact on the industry.

Sam Ip, a Partner at Osler Hoskin and Harcourt, and the co-creator of "Osler Code Detect," was recognized for his innovative work with AI companies and his contributions to technology law. He is a trusted advisor in various areas of tech law and a well-deserving recipient of the Rising Star Award.

             

Amy Lynne-Williams (Left) and Sam Ip (Right) with Jennifer Davidson, CAN-TECH Law Past President

The Annual Fall Conference Dinner provided the perfect setting to honor these outstanding individuals. We offer our congratulations to Amy-Lynne Williams and Sam Ip and extend our gratitude to all the attendees who made this event a success. Your presence added depth to the celebration of excellence in technology law, and we look forward to future gatherings.

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