In the April 2013 issue of Canadian Lawyer, my colleague
Alexandra Nicol was quoted in an article about privacy and
anti-spam written by Vawn Himmelsbach. Alexandra noted that the
Canadian privacy and anti-spam regimes are different. In short,
complying with privacy legislation does not mean you are in
compliance with anti-spam legislation. She also indicated that the
reference to anti-spam may be misleading, as the legislation deals
with more than just unsolicited commercial electronic messages. The
legislation also captures unauthorized computer access such as
installing a computer program to collect personal information to
compile email lists. Moreover, Alexandra suggested that now may be
a good time for companies to review their privacy policies and
procedures to ensure they are up to date – they may need to
be revised to deal with stricter requirements imposed by anti-spam
legislation (which, as of the date of this blog entry, is still not
yet in force). So, if your organization has not recently reviewed
its policies and procedures respecting privacy and electronic
messages, you should consider adding these activities to your
A fundamental principle of contract law in Canada is that the parties to a contract are usually free to negotiate and agree upon any terms which will advance their respective (and sometimes mutual) interests.
Royal Bank of Canada v. Surje & Company Inc. is a recent decision of the Ontario Superior Court of Justice. The personal defendant, Sunny Bhasin held most of the common shares in Surge & Company Inc., the corporate defendant.
The use of electronic signatures is becoming increasingly commonplace in commercial transactions, as individuals and businesses capitalize on the administrative efficiency afforded by today’s digital world.
Following the Divisional Court's decision in Toronto-Dominion Bank v. Ryerson University, companies that contract with government institutions should be aware that such contracts are likely open to disclosure under the Freedom of Information and Protection of Privacy Act.
Back in April 2015, we discussed key questions to keep in mind when negotiating earn-outs, and looked at recent trends coming out of the American Bar Association's 2014 Canadian Private Target M&A Deal Points Study (the 2014 ABA Study).
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