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Archive For Entries On Technology

Wilson v British Columbia: A Clear-Cut Ruling to Save Lives

Throughout the years, various offences have been enacted, both in the Criminal Code and under provincial regulation, to deal with a matter of grave public apprehension in Canada: impaired driving. One attempt to address this concern has been through the automatic roadside driving prohibition scheme (the “ARP regime” or “ARP scheme”) that has been used […]

What’s in a (Domain) Name? Ontario Courts, International Administrators, and Intangible Property in Tucows.Com Co. v. Lojas Renner S.A.

The legal concept of property is fluid and dynamic. It evolves over time in relation to “changes in the purposes which society or the dominant classes in society expect the institution of property to serve” [CB Macpherson in Mary Jane Mossman & William F Flanagan, eds, Property Law Cases and Commentary (Toronto: Edmond Montgomery Publications) […]

Cell Phones & Sawed-off Shotguns: R v Manley

Over the December holidays, I succumbed to Apple’s iPhone 4: 9.3 mm thin, recyclable aluminosilicate glass, retina display, A4 chip, Camera & LED…it’s everything I ever wanted in a phone! Moreover, I get a solid half an hour of Angry Birds playtime on my subway rides up to Osgoode Hall Law School, conveniently located on […]

30 Seconds to Mars the SCC

iTunes,,, Rogers Music Store, Sympatico Music Store. For those music lovers who legally download music, these various websites are but a few examples of online sources for mp3 and AAC downloads. As part of the digital consumer experience and convenience of online shopping, previews of songs are provided: 30 second clips that allow […]

“Officer Bubbles” Sues YouTube and Anonymous Commenters for Online Defamation

On September 22, 2010, Toronto Police Constable Adam Josephs launched a lawsuit in the Ontario Superior Court: Adam Josephs v. YouTube et. al (2010) CV-10-410890 (Ont. Sup. Ct.) (“Josephs v. YouTube”). In the suit, Constable Josephs sues video sharing website YouTube for $1.25 million. He seeks damages for defamation of his reputation and disclosure of […]

U.S. Supreme Court in Bilski et al. v. Kappos tap floodgates for “business methods patents”

On June 28, 2010, the US Supreme Court released its reasons in Bilski et al. v. Kappos, No.08-964 545 F. 3d 943 (PDF link) (“Bilski”). The case was widely followed, in particular, by intellectual property firms, as a decision widely favouring business method patents could have had serious ramifications on the patenting practices of future […]

Modern-Day David and Goliath Battle Could Head to U.S. Supreme Court: i4i v. Microsoft

Technology giant Microsoft Corp. has made one last-ditch effort to defend a decade-long patent infringement lawsuit against a small Canadian software company, i4i Inc.  Last week, Microsoft filed a petition (PDF link) with the US Supreme Court asking for a final resolution to the dispute.  In the suit, i4i alleges that Microsoft used the small […]

Potential Liability For Hyperlinking: Crookes v Newton

Considering putting a hyperlink on your website or blog? The case Crookes v Newton, 2009 BCCA 392 [Crookes], may give you pause to reconsider. Although the British Columbia Court of Appeal (“BCCA”) held in Crookes that a website owner will not be liable for hyperlinking to defamatory sites, the decision left a number of unanswered questions […]

R v Morelli: Understanding Criminal Possession of Digital Property

In R v Morelli, 2010 SCC 8, the Supreme Court of Canada (“SCC”) was faced with a number of complex and intertwined legal issues. The child pornography case turned on the validity of a search warrant obtained on a faulty and problematic ITO (Information to Obtain a Search Warrant). The majority and the dissent had dueling interpretations […]

Bell Canada v. Bell Aliant Region Communications: Regulation of the Telecommunications Industry

On September 18, the Supreme Court of Canada released its decision in Bell Canada v. Bell Aliant Region Communications, 2009 SCC 40. Touching on areas such as administrative and communications law, the case concerned the extent and proper exercise of the authority of the Canadian Radio-Television and Telecommunications Commission (“CRTC”). Background In May 2002, the […]