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News and discussion on implementing risk management

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Substantial damages awarded for defamatory social media posts

The recent decision of Rook v. Halcrow, 2019 BCSC 2253 continues to underscore that social media posts are public domain and that serious censure can follow defamatory social media posts. It appears that courts are perhaps increasingly willing to award very serious damages for particularly malicious social media posts.

 

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Libel by tweet: Ontario Court of Appeal upholds dismissal of Twitter libel claim under anti-SLAPP legislation

A recent decision from the Ontario Court of Appeal (ONCA) adds to the growing body of Canadian case law confirming that tweets certainly can be libelous, though protections exist for comments on matters the court finds to be of public interest, including through anti-SLAPP legislation.

 

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Legal issues for charities and NPOs on social media networks

It is recommended that an organization implement policies and procedures that minimize the legal risks associated with using social media. This includes training protocols to educate volunteers and employees on these risks.

 

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Employee misconduct and social media

As technology continues to blur the line between personal and professional life, employers increasingly find themselves dealing with the impact of social media on the employment relationship.

 

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Few “likes” for Facebook forum selection clause: Supreme Court finds “strong cause” to not enforce forum selection clause

When engaging with personal information, consulting local privacy counsel is a must. Privacy legislation varies from province to province and failing to appreciate even slight differences can result in class action claims like in the Douez case. Facebook’s preliminary motion was rejected but the class action has yet to be certified. The opinions of the divided Court in Douez could be used to provide supporting arguments for both sides in a situation where the facts are just slightly different.

 

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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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Social media – a risky business?

Whether companies choose to embrace or resist social media, it is clear from recent statistics that it is here to stay. Canadians are among the most avid users of social networks with an estimated 82 percent of people across the country active on platforms such as Facebook, Google+ and Twitter. Globally these networks represent an […]

 

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How does the new anti-spam legislation affect IT processes?

It should be clear that managing your anti-spam obligations will mean modifying your information technology processes. The CRTC has created comprehensive anti-spam guidelines that demonstrate some of the ways IT will be involved…

 

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Canada’s anti-spam legislation – What is the regulator thinking?!

With only five weeks left before Canada’s Anti-Spam Legislation’s (CASL) main requirements come into force, one of CASL’s regulators, the Canadian Radio-television and Telecommunications Commission (CRTC), has released a series of much anticipated “FAQs” .

 

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What to do if you are a victim of cyberbullying or cyberlibel – Part 2

In this posting, I will provide tips to adults and businesses that are being cyber-libelled. Anyone can be made a target of online defamation, with devastating consequences to one’s personal and professional reputation. Indeed, at its worst, cyber-libel can bring an individual or business to the brink of bankruptcy.

 

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The Privacy Commissioner’s case for reforming PIPEDA

With 10 years of experience as Privacy Commissioner of Canada behind her, and her term reaching its end, Jennifer Stoddart has released a report titled “The Case for Reforming the Personal Information Protection and Electronic Documents Act” which describes how to modernize Canada’s private-sector privacy legislation to ensure it is able to meet the current and future challenges of the digital age and protect Canadians’ right to privacy.

 

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The case of Rehteah Parsons – Why it should never have happened

So much has already been said by so many about this tragic story. A beautiful 17 year old taking her own life after being sexually assaulted, followed by sexually explicit cyberbullying.

 

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For millennials, there is no real separation between work and personal life

For millennials, there is no real separation between work and personal life. After all, much of the work they do is from home, from their smartphone or in the middle of the night. The mobility of millennials has shifted the typical nine to five job to a cloud-based, work-from-wherever career. Plus, the way millennials live is far different than their grandparents.

 

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