ARTICLE
25 January 2018

Trends In Appellate Cases Will Carry Over To 2018

TL
Torys LLP

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Torys LLP is a respected international business law firm with a reputation for quality, innovation and teamwork. Our experience, our collaborative practice style, and the insight and imagination we bring to our work have made us our clients' choice for their largest and most complex transactions as well as for general matters in which strategic advice is key.
Senior associate Trish McMahon has penned "Trends in Appellate Cases Will Carry Over to 2018" for Canadian Lawyer Magazine.
Canada Litigation, Mediation & Arbitration
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The piece discusses a range of trends in appellate jurisprudence that emerged in 2017.  The trends Trish expands on in the article will be relevant to in-house counsel moving into 2018.

Some of the issues discussed include those relating to privacy rights, class proceedings and our daily use of technology. An excerpt of the article is below.

Privacy rights: It's a brave new world online

For years, we have been told to think emails are about as private as the messages on the back of a postcard. But what about text messaging? In addition to affirming that privacy is a quasi-constitutional right in Douez, the SCC also weighed in on whether texts attract privacy rights in R. v. Marakah and R. v. Jones.

In this pair of criminal cases, the court said individuals can reasonably expect their texts to remain private even after they have been sent to and received by another person or stored by a telecommunications provider.

You can read more about Torys' work in litigation and dispute resolution on its practice page

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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