


Media, Communications & Entertainment
ENTERTAINMENT
Entertainment is an industry with global reach and impact. Consumers have a myriad of entertainment options and delivery channels, and so, it is important to cater to the competitive market. McMillan’s industry experts are focused on protecting our clients’ commercial interests while helping them share their creative work with a broader audience.
At McMillan, we understand that, while regulations are local, technology makes entertainment a global business. Our goal is to help clients work profitably in a complex global web of regulatory and legal jurisdictions. Our clients have included some of the world’s leading film studios, television networks, cable operators, production and distribution companies, and artists themselves.
McMillan’s Media, Communications and Entertainment Industry Group understand both the art and business of entertainment. Among the ways that we serve our clients is by helping to secure financing; representing clients before regulatory tribunals such as the Canadian Radio-television Telecommunications Commission; developing intellectual property and licensing agreements; advising non-Canadian companies on transactions subject to the Investment Canada Act; developing strategies to secure tax credits and grants; representing clients in litigation and other dispute resolution proceedings; advising on acquisitions, mergers or divestitures; and negotiating contracts for performing artists, endorsements and record production arrangements.
MEDIA
Developing technologies and delivery channels have made the media industry global. Mobile devices enable consumers to access content wherever they are, whenever they wish. Media companies need to work with a law firm that understands the industry and the trends that are moving it into the future.
McMillan’s Media, Communications and Entertainment Industry Group helps media clients adapt to the evolving marketplace. We help our clients by understanding the pace of change in this industry and regularly working with the business leaders, regulators and decision makers. We work with a wide range of television and radio networks, specialty television services, satellite broadcasters and publishing companies to help them run their day-to-day operations profitably, while anticipating the challenges and opportunities of the future.
Among the ways McMillan lawyers serve our clients is by representing them before regulators such as the Canadian Radio-television Telecommunications Commission; advising on intellectual property matters; representing clients in defamation and libel proceedings; counseling clients on foreign ownership rules and other competition matters; advocating for legislative or policy changes, including copyright, competition, antitrust and foreign ownership issues; advising on mergers, acquisitions and divestitures; assisting with operational matters such as employment, real estate, corporate and commercial contracts, and tax matters
TELECOMMUNICATIONS
Telecommunications and the media industry have fundamentally changed, with the consumption of digital content and daily online communication becoming a mainstay in most people’s lives McMillan’s telecommunications lawyers provide a wide range of legal services to help telecommunications companies meet the demands of the continually changing telecommunications landscape. We have deep industry experience assisting clients on a full range of issues, including acquisitions and sales, corporate reorganizations, regulatory matters, licensing, and industry-specific commercial arrangements.
In particular, McMillan’s telecommunications lawyers and professionals help clients lead by advising on regulation and licensing matters; providing Canadian regulatory advice regarding Canadian and US public offerings and cross-border financings for Canadian and multinational telecommunications service providers; negotiating and preparing telecommunications-related agreements and contracts; making submissions to the Canadian Radio-television and Telecommunications Commission (CRTC) and the Competition Bureau regarding telecommunications resale and telephone company activities; acting on mergers, acquisitions and divestitures of telecommunications service providers; advising on domestic and international telecommunications resale rules; and acting for owners of television and radio stations in regulatory and competition matters.
Primary Contacts
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Insights (85 Posts)
Quebec Superior Court Orders That Corporations Must Provide Information to Police – Even Where Data Stored Abroad
The Quebec Superior Court rules the American companies may have to produce documents stored abroad to aid in Canadian criminal investigations.
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Jan 24, 2023
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Supreme Court of Canada Hits Pause Button on Double Royalties Payable by Online Music Service Users
The Supreme Court of Canada ruled that the Copyright Act does not require online music service providers to pay two separate royalties to access works online.
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Nov 2, 2022
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Avoiding the Perils of a Connected World: New Best Practices for Risk Mitigation
Recently announced updated guidance from the Canadian Center for Cyber Security provides new and important considerations for business activity.
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Aug 31, 2022
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Federal Government Proposes New Act to Reinforce Critical Cyber Security in Canada
Bill C-26, An Act respecting cyber security, would do two things: amend the Telecommunications Act and enact the Critical Cyber Systems Protection Act.
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Jul 5, 2022
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Flair’s Canadian Status Confirmed in Important Ruling
The article analyses the Canadian Transportation Agency decision in Flair and its implications for the airline industry and the regulatory regimes in Canada.
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Jun 16, 2022
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Latitude Check: Federal Court Finds that a Line of Latitude is a Place of Origin
The Federal Court confirms that a line of latitude or longitude can be considered a "place of origin" under the Trademarks Act.
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Apr 5, 2022
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The Potential Impact of the Ukraine Conflict on Contracts Between Canadian and Russian Companies
Legal tools Canadian companies should seek advice on if they are no longer able perform contractual agreements because of the war in Ukraine
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Mar 8, 2022
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Couldn’t Scrape By: BC Court Rejects Certification of Class Action against Facebook
BC Court dismisses certification application for class action against Facebook for allegedly scraping user data from their messenger app.
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Feb 17, 2022
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Federal Government Accepting Comments on Exemptions to Hours of Work Requirements in Air and Rail Transportation, Banking and Telecommunications Sectors
Employers in transportation, banking and telecommunications sectors have until February 23 to comment on proposed hours of work exemptions.
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Feb 2, 2022
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Mandatory COVID-19 Vaccination Policy Upheld
An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.
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Jan 12, 2022
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Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols
A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.
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Jan 12, 2022
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Wind-up and Hang-up: China Mobile’s Motion to stay an ICA Order Pending Judicial Review Dismissed
Analyzing updates from an Investment Canada Act national security review case to provide key insights to investors into Canada.
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Jan 10, 2022
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Will a Billion Dollar Termination Shift the M&A Landscape?
The authors discuss the Ontario Superior Court of Justice's decision in Cineplex v. Cineworld, a "busted deal" case about interim operating covenants.
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Dec 17, 2021
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Smartphone Apps Beware – Babylon Health investigation provides insight into compliance with Alberta privacy laws
Key takeaways from the Office of the Information and Privacy Commissioner of Alberta (OIPC)s report re: investigation of the Babylon by Telus Health app.
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Dec 15, 2021
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Special Committee Releases Report Suggesting Changes to Modernize BC’s Private Sector Privacy Law
We will touch on a few notable recommendations to amend PIPA that may affect the processes and procedures of businesses governed by PIPA.
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Dec 15, 2021
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Canada Partners with the European Commission to Examine Use of Digital Credentials
Increased standards for digital credentials improve privacy and global functionality - but what does this mean for businesses who use them?
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Dec 7, 2021
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Risks of Anonymized and Aggregated Data
This article discusses how the anonymized and aggregated data poses risks to businesses, and how to stay compliant with the applicable privacy requirements.
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Dec 1, 2021
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Mandatory Vaccination Policy: “Reasonable, Enforceable”
A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.
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Nov 11, 2021
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Privacy Commissioner Releases More Guidance for Video Teleconferencing Companies
Video teleconferencing companies face unique cybersecurity and data privacy risks. The OPC has new guidance on how these companies can best address them.
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Nov 3, 2021
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Expedited Examination of Canadian Trademark Applications: 6 month recap
This bulletin is a summary of our experiences with the expedited examination process for Canadian trademark applications.
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Nov 2, 2021
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China Mobile Case Raises National Security Hang-up
China Mobile is challenging the Canadian government's order to divest its Canadian operations. The case raises important cross-border investment issues.
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Oct 25, 2021
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Bill 64 Enacted: Québec’s Modern Privacy Regime
An in-depth analysis of Quebec's 2021 modernization of its private-sector privacy legislation.
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Oct 15, 2021
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NFTs and Canadian Copyright Law
This bulletin discusses the copyright considerations regarding non-fungible tokens (NFTs) under Canadian copyright law.
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Aug 31, 2021
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Attention Federally Regulated Employers – Canada’s Pay Equity Act Takes Effect August 31, 2021
The Pay Equity Act, requiring federally regulated employers to develop a comprehensive pay equity plan, takes effect on August 31, 2021
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Aug 3, 2021
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Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021
The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.
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Jun 30, 2021
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Canadian Privacy Commissioners Issue Joint Guidance on Vaccine Passports
Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months
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May 25, 2021
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BILL 96 – Top 10 Impacts of the Revised Charter of the French Language on your Business and When to Expect Implementation of Such Revisions
Changes to Québec’s language laws are coming. Here is a top ten list of potential impacts, and the likely timeline and process for adoption.
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May 19, 2021
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Closing the Gap: New Proactive Pay Equity Rules for Federally Regulated Employers
Guidance on employers' obligations under the new federal Pay Equity Act and its associated regulations, expected to take effect in late 2021.
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Apr 27, 2021
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A Retailer’s Duty to Accommodate Disabilities That Interfere With a Customer’s Ability to Wear a Face Mask
The BC Human Rights Tribunal has issued its first decision relating to discrimination in the context of mandated mask policies.
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Apr 6, 2021
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Global Remote Working – What Employers Need to Know
This article provides an overview of the legal issues employers need to consider when implementing remote working in Canada.
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Mar 29, 2021
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Canadian Government Expands National Security Guidance
On March 24, 2021, Canada’s Minister of Innovation, Science and Industry announced that the government updated its National Security Guidelines.
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Mar 25, 2021
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Canada Updates Official Terrorist Entities List – What It Means for Your Business
The Canadian government has placed the Proud boys on the list of terrorist entities. This announcement has certain key implications for Canadian companies.
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Feb 23, 2021
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Big Brother’s Access Limited – Canadian Privacy Commissioners Rule Clearview AI’s Facial Recognition Tool in Breach of Canadian Privacy Laws
Privacy Commissioners find Clearview AI's use of facial recognition software on images it scraped from the Internet to be in breach of privacy laws.
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Feb 17, 2021
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New Workplace Harassment and Violence Requirements for Federally Regulated Employees Now in Effect
As of January 1, 2021, federally regulated employers must comply with new requirements imposed by the Workplace Harassment and Violence Prevention Regulations
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Jan 4, 2021
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Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?
There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?
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Dec 23, 2020
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B.C. Technology Sector Makes the Grade – But Not Yet Top of the Class
In November 2020, KPMG released the B.C Tech Report Card 2020. The Report Card outlined the current state of the British Columbia technology sector.
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Dec 2, 2020
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Canada’s New Cybersecurity Certification Goes Live
The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats
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Oct 13, 2020
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Mandatory Indoor Face Coverings: What Ontario Employers Need to Know
Mandatory Indoor Face Coverings: What Ontario Employers Need to Know
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Oct 6, 2020
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Ontario Employers be Aware: New Mandatory Screening Requirements for Ontario Workplaces
Employers should take immediate steps to implement the new mandatory COVID-19 screening requirements for Ontario workplaces.
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Sep 30, 2020
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COVID-19 Realities Push Ontario Government to Launch Public Consultation to Improve the Province’s Privacy Laws
The Ontario government launched public consultations to guide their modernization of private-sector privacy laws within the province.
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Aug 19, 2020
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Ontario Amends Employment Standards Legislation in Response to COVID-19
Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.
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Aug 5, 2020
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Global Privacy Authorities Remind Video Teleconferencing Companies of Privacy Expectations
Global privacy authorities published a letter to remind video teleconferencing companies of their obligations regarding user's privacy.
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Jul 29, 2020
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Federal Court Defends CASL, Says Prohibition on Spam is Constitutional
he FCA ruled that CASL's provisions relating to the regulation of commercial electronic messages are constitutional, despite challenge from CompuFinder
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Jul 1, 2020
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Ontario Small Businesses Get a New Ride on the Digital Main Street
Review of the Ontario Digital Main Street initiative and new funding introduced by the government to assist businesses pivoting to an ecommerce business model.
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Jun 24, 2020
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Material Adverse Effect Clauses in a COVID-19 World
Review and analysis of recent developments where parties try to rely on MAE clauses as a mechanism to avoid closing a transaction.
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Jun 23, 2020
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Making B.C. an Emerging Economy Leader
Review of the BC Emerging Economy Task Force Report and how BC companies can position themselves to take advantage of the emerging economy of the future.
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Jun 23, 2020
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Making Innovation Work for British Columbia
Analysis and guidance on how BC companies can benefit from the BC Innovation Commissioner's recommendations and help make BC a technology powerhouse.
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Jun 3, 2020
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Ontario Provides Employers with Temporary Relief from COVID-Related Termination Risks
Ontario introduces creative measures (O. Reg. 228/20) to the Covid-related temporary lay off dilemma.
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Jun 1, 2020
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Privacy Penalties – Canadian Competition Bureau Wades Into Privacy Enforcement
Organizations operating in Canada are advised to immediately review their privacy-related policies and marketing to avoid false or misleading representations
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May 26, 2020
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COVID-19: Alberta Government Announces List of Essential Services
Alberta's Government has published lists of essential services and non-essential places of business not permitted to
offer or provide services to the public.
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Mar 29, 2020
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Unbearable Lite-ness: Lenders’ Remedies in the Age of Missing Covenants
The author discusses the recent trend toward borrower-friendly loan documents and the remedies available to lenders in Canada.
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Mar 23, 2020
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Coronavirus: Harbinger of a New (Old) Approach to Restructuring in Canada?
Restructuring options and challenges in the time of COVID-19.
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Mar 20, 2020
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Challenges and Opportunities for Canadian Investors in Brazilian Insolvency Proceedings: Lessons from the IBA’s 2019 Global Restructuring Conference
The authors discuss unique aspects of Brazil's insolvency regime relevant for Canadian investors, including the role of equity, DIP loans, and jurisdiction.
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Jan 21, 2020
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Under the Influence: The Canadian Competition Bureau’s Stand on Misleading Product Endorsements
The Competition Bureau has sent letters to advertisers and advertising agencies warning them to ensure that their Influencer advertising complies with the law.
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Dec 30, 2019
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Contact Information Posted on Websites Not Necessarily Up for Grabs
Investigation findings of the Office of the Privacy Commissioner highlight issues surrounding the use of personal contact information posted on websites
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Dec 19, 2019
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Ontario Court Suggests Terminated Salespeople are Fish Out of Water
Recent Ontario decision calls into question prior holdings about the transferability of salespersons' skills.
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Dec 16, 2019
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A Comma-dy of Errors: Ontario Superior Court Dismisses Pensioners’ Class Action
In Austin v. Bell Canada, a class proceeding was brought, certified, and dismissed on summary judgment, in
connection with the provision of a pension plan.
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Dec 3, 2019
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Canada’s New Internet Code
The CRTC has established a mandatory code of conduct, regarding consumer contracts for fixed retail Internet services, which comes into effect January 31, 2020.
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Nov 29, 2019
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One-Year Anniversary of Mandatory Data Breach Reporting: Lessons the OPC Has Learned and What Businesses Need to Know
November 1st, 2018 marked a year since reporting data breaches became mandatory under the Personal Information Protection and Electronic Documents Act ("PIPEDA")
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Nov 11, 2019
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TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019
On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.
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Jun 4, 2019
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Shocking U.S. “Loot Box” Bill Should Surprise No One: The Video Game Industry Under Attack
Video games are big business: from the latest blockbuster, an indie hit, a mobile time-passer for your transit ride, or a packed esports arena with massive online viewership, there’s good money in creating engaging and immersive entertainment products.
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May 27, 2019
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Proposed Digital Charter Could Bring Sweeping Changes to Canadian Privacy Laws
On May 21, 2019, the Canadian federal government released a proposed Digital Charter
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May 23, 2019
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VFX Animators Awarded Overtime Pay: Decision Sets High BC Bar for “High-Tech Professional”
In a recent decision, a delegate of the Director of Employment Standards determined that Cinesite Vancouver Inc., formerly known as Nitrogen Studios Canada Inc.
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Apr 4, 2019
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What Can and Should the Law Do About ‘Deepfake’: An Update
This update looks at several additional causes of action and discusses how we can limit the deleterious social consequences of deepfake videos.
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Dec 5, 2018
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Trick or…Breach? PIPEDA’s Breach Reporting Requirements Come Into Force on November 1, 2018
This bulletin provides an overview of the new breach reporting requirements.
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Nov 1, 2018
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PIPEDA – How to Obtain “Meaningful” Consent, and When Consent is Not Enough
On April 19, 2018, the Canadian Securities Administrators (the "CSA") published new draft rules governing the registration of derivatives market participants.
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May 30, 2018
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Practicing Safe Text: Drafting Tips from the Stormy Daniels NDA
Stormy Daniels launches complaint asking a California court to find the NDA invalid and confirm she was free to speak publicly about an alleged 2006 sexual affair with Mr. Trump
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Mar 22, 2018
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Seller Beware: The Dangers of Sales Language
Winning a bid dangerous when materials use exaggerated hyperbolic language and contain injudicious claims to performance suitability reliability and functionality of goods or services offered
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Jan 19, 2018
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CSA Provides Guidance to Registrants on Cyber Security and Social Media
CSA Provides Guidance to Registrants on Cyber Security and Social Media
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Nov 1, 2017
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Change is in the Airwaves: CRTC Expands the Wireless Code of Conduct
Change is in the Airwaves: CRTC Expands the Wireless Code of Conduct
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Jun 20, 2017
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CASL Private Right of Action Delayed; Enforcement by CRTC Continues
CASL Private Right of Action Delayed; Enforcement by CRTC Continues
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Jun 7, 2017
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Are You Ready for CASL’s Private Right of Action?
Are You Ready for CASL's Private Right of Action?
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Jan 30, 2017
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CSA Provides Cybersecurity Risk Disclosure Guidance and Best Practices for Reporting Issuers
CSA Provides Cybersecurity Risk Disclosure Guidance and Best Practices for Reporting Issuers
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Jan 6, 2017
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Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada
Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada
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Jan 3, 2017
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Making Better Food Choices: Health Canada’s Vision for Canadians
Making Better Food Choices: Health Canada's Vision for Canadians
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Dec 14, 2016
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Arbitration Clauses and Shareholder Disputes: Clarity from the Ontario Court of Appeal
Arbitration Clauses and Shareholder Disputes: Clarity from the Ontario Court of Appeal
Read More
Oct 24, 2016
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Proposed Amendments Could Shake Up Vancouver’s Short-Term Rental Market
Proposed Amendments Could Shake Up Vancouver's Short-Term Rental Market
Read More
Oct 17, 2016
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CSA Publish Update on Cybersecurity for Market Participants
CSA Publish Update on Cybersecurity for Market Participants
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Oct 6, 2016
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Enforcement Advisory: Keeping Records of Consent under CASL
Enforcement Advisory: Keeping Records of Consent under CASL
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Aug 3, 2016
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Tips for Startups – Understanding Debt vs. Equity Investments
Tips for Startups - Understanding Debt vs. Equity Investments
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Jul 5, 2016
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“Venting” on Facebook Leads to $65,000 Defamation Judgment and Liability for 3rd Party Comments
"Venting" on Facebook Leads to $65,000 Defamation Judgment and Liability for 3rd Party Comments
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May 4, 2016
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Adult Films and Health and Safety: Debbie Does Goggles?
Adult Films and Health and Safety: Debbie Does Goggles?
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Mar 12, 2016
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England Rugby to Players: Twitter arguments equal “battle you won’t win”
England Rugby to Players: Twitter arguments equal battle you wont win
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Aug 21, 2015
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Social Media and Websites as National Communication Platforms in Canada in Light of French Language Requirements
Social Media and Websites as National Communication Platforms in Canada in Light of French Language Requirements
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Apr 24, 2015
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CRTC Imposes $1.1 Million Penalty for Alleged CASL Violation
CRTC Imposes $1.1 Million Penalty for Alleged CASL Violation
Read More
Mar 7, 2015
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