snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: June 2013

Lexpert: McCarthy Tétrault LLP is the highest ranking technology law firm in Canada

Posted in Awards and Recognitions

The 2013 Canadian Legal Lexpert Directory was published on June 26, 2013, and once again, McCarthy Tétrault LLP is the highest ranking technology law firm in Canada.  In Computer & IT Law, McCarthy Tétrault LLP is top-ranked in Toronto, Vancouver and Montreal.  In Technology Transactions, McCarthy Tétrault LLP is top-ranked in Toronto and Vancouver, and ranked among the top three firms in Montreal.  In Telecommunications, McCarthy Tétrault LLP is the only law firm with three “most frequently recommended” practitioners in Toronto.

Lexpert has recognized a number of our lawyers as leading practitioners in the areas of Computer & IT Law, … Continue Reading

Tech Summit 2013 Recap – Innovation in Cloud

Posted in Contracting/Outsourcing, Privacy

At McCarthy Tétrault’s 3rd Annual Technology Law Summit, moderator Barry Sookman, and panelists John LeBlanc of Scotiabank and David Crane of McCarthy Tétrault, lead a discussion on procuring and contracting for cloud based services. Top takeaway tips from the session include:

Cloud is Everywhere: Be cognisant that software and services that use the cloud may be in use in your organization without your legal team’s knowledge – including employee teams using collaboration or information tools (like dropbox or for small projects or one-off uses that haven’t gone through a typical procurement process (or legal review). Another example … Continue Reading

Controls Assurance Reports in Outsourcing Transactions: Knowing What to Ask For

Posted in Contracting/Outsourcing

Outsourcing and cloud computing service engagements are fraught with financial, security and other risks, especially if dealing with an unproven service provider.  Obtaining a third party assurance report with respect to a service provider’s internal controls can provide some comfort.  However, customers are often confused about what kind of assurance report they should obtain.

CSAE 3416

Canadian Standard on Assurance Engagements 3416 (CSAE 3416), Reporting on Controls at a Service Organization, is the Canadian accounting standard for reviewing and reporting on controls at a service organization.  It is issued by the Auditing and Assurance Standards Board (AASB) and is equivalent … Continue Reading

BC vs Ontario: BC Supreme Court Confirms No Common Law Tort for Invasion of Privacy

Posted in Privacy

The Supreme Court of British Columbia recently confirmed that there is no common law tort of invasion of privacy in that province. This is in contrast to an earlier decision from the Ontario Court of Appeal which accepted such a cause of action.


In January, 2012, the Ontario Court of Appeal released Jones v Tsige,[1] in which it held that there is a tort of invasion of privacy in Ontario. Sharpe JA, writing for the court, canvassed jurisprudence from the US and Commonwealth countries and determined that, to reflect the technological changes of modern times, there must … Continue Reading

Tech Summit 2013 Recap – Innovation in Outsourcing

Posted in Contracting/Outsourcing

At McCarthy Tétrault’s 3rd Annual Technology Law Summit, Charles Morgan, Barry Sookman, George Takach (all of McCarthy Tétrault) and John Chang of PricewaterhouseCoopers were featured in the Innovation in Outsourcing panel. Top takeaway tips from the session include:

Do your Diligence: You would never buy a company without performing comprehensive diligence first, and you should take the same approach to signing an outsourcing contract. Diligence ought to be thorough and rigorous – go to the facility where your data will be stored and ask tough questions about network latency, data security, service levels, technical infrastructure and privacy.… Continue Reading

Update: Supreme Court of Canada Amends Controversial Aspect of VIAGRA® Judgment

Posted in Intellectual Property, Patents, Regulatory Compliance

As discussed in the November 9, 2012 post, Supreme Court Invalidates Pfizer’s Blockbuster VIAGRA® Patent, the Supreme Court of Canada struck down Pfizer’s blockbuster VIAGRA® patent (the “‘446 Patent”) on the basis of insufficient disclosure: see Teva Canada Ltd. v. Pfizer Canada Inc., 2012 SCC 60.

In a curious twist, the SCC declared the ‘446 Patent “void”, despite the case being brought under the Patented Medicines (Notice of Compliance) Regulations (“PM(NOC) Regulations”).  However, on June 4, 2013, the SCC granted Pfizer’s rare Rule 76/81 Motion, varying this controversial aspect of its … Continue Reading

New Electronic Health Records Legislation on the Horizon in Ontario

Posted in Privacy, Regulatory Compliance

The Liberal government in Ontario has introduced significant new amendments to its health privacy legislation, the Personal Health Information Protection Act (PHIPA).

While there are many important aspects to the new legislation, one key aspect involves significant new responsibilities imposed on “prescribed organizations” or “PO”s in the proposed amendments to PHIPA. Sections 55.1 and 55.12 of the proposed amendments appear to contemplate a process by which Lieutenant Governor in Council may regulate the organizations responsible for “creating or maintaining [an] electronic health record”. A definition in s. 55.1(1) suggests that this means to:

  • administer, create, integrate, manage, maintain or
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