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Police can search smartphone without a warrant on arrest
Thursday, December 11, 2014
Smartphones today hold our entire digital lives. Not only do they hold our intimate emails and text messages, but much more importantly our smartphones also contains apps such as Dropbox and OneDrive which are already logged in and allows access to a treasure trove of our most personal files in the cloud. What happens when […]

Telus records all your texts
Thursday, March 28, 2013
Yesterday, the Supreme Court in R. v. Telus, 2013 SCC 16 made an interesting ruling on what types of warrants are applicable to text messages under the Criminal Code.  What’s interesting isn’t the ruling – as expected, the Court decided that text messages are “private communications” and require a more specific warrant authorizing the interception […]

Ontario court confirms new privacy tort
Wednesday, February 1, 2012
Earlier this year, the Ontario Court of Appeal in Jones v. Tsige, 2012 ONCA 32 confirmed the existence of a new tort of privacy, a cause of “action for intrusion upon seclusion”: One who intentionally intrudes, physically or otherwise, upon the seclusion of another or his private affairs or concerns, is subject to liability to […]

Defamation and linking to defamatory materials
Wednesday, October 19, 2011
The Supreme Court today tackled the issue of whether a hyperlink linking to another web page with defamatory material is itself defamatory.  The Court concluded that the use of a hyperlink to link to another page with defamatory material is not itself defamatory. In Crookes v. Newton, 2011 SCC 47, the defendant Newton had posted […]

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