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Inside Internal Controls

News and discussion on implementing risk management

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Defamation

Privacy injunctions in the age of the internet and social media

Canadian common law courts are still far behind the English courts which have developed a much more flexible tort of misuse of private information, as well as remedies for breach that include damages to compensate for the loss or diminution of a right to control private information, and now following the PJS case, perhaps also exemplary or punitive damages and an accounting of profits. Surprisingly, Canadian courts have not had to canvass recently whether the English common law tort of misuse of private information should be adopted in Canada.

 

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Marketing to Canadians – A plethora of regulatory considerations

Businesses marketing to Canadians may be surprised at the number and scope of laws that may impact marketing efforts. Previous Releases provided updated coverage of some of these laws, including privacy and anti-spam laws. This Release updates Policy OP 6.12 – Do Not Call Registry, which includes coverage of the Unsolicited Telecommunications Rules that govern telemarketing activities. Listed below are 7 of the many considerations that businesses marketing to Canadians must consider. Some will be explored in detail in upcoming Releases:

 

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The new privacy tort – Another victory for victims of cyberbullying

In the highly-publicized decision of Doe v. N.D., the Ontario court recently granted a victim of cyberbullying significant damages, to compensate her for the serious emotional and reputational harm she suffered in the hands of the defendant.

 

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Canadian cyberbullying laws – Where are they now?

In the recent decision of the Nova Scotia Supreme Court of Crouch v Snell, the Court struck the Cyber-Safety Act, finding it to be unconstitutional. Specifically, the Court held that the Cyber-Safety Act violated section 2(b) (freedom of expression) and section 7 (the guarantee of life, liberty and security of the person) of the Charter of Rights and Freedoms. What impact does the Crouch v Snell decision have on the Federal cyberbullying laws?

 

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My website allows users to post comments – can I be liable for defamation?

If you host a website that allows the public to post comments, you may be surprised to find out that you may sued if a stranger posts defamatory comments on it.

 

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What others say may be held against you

The Canada Revenue Agency (CRA) recently issued an Advisory on Partisan Political Activities (the Advisory). It warned charities that the prohibition against partisan political statements also extended to Internet links to third-party statements and to user comments posted on charities’ websites, blogs or other social media.

 

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