Law For Information Technology

2011-11-21T05:54:00.001-08:00

BC Supreme Court on Enforceability of BrowsewrapAgreements such as Terms of Use & Copyright

In Century 21 Canada LimitedPartnership v. Rogers Communications Inc., 2011 BCSC 1196 the BCSC heardallegations by Century 21 that Roger’s subsidiary Zoocasa improperly scrapedcontent from Century 21′s online real estate listings. For more information go to www.law4it.com

The Supreme Court of Canada Rules on when linking to defamatory statements is defamatory.

2011-11-16T07:16:00.000-08:00

The Supreme Court of Canada recently held that linking to someone else’s website does not constitute defamation: Crookes v. Newton, 2011 SCC 47 (CanLII). For more info go to www.law4it.com

Trade-mark and brand owners have until October 28, 2011 to block domains on .xxx top level domain:

2011-10-12T07:29:00.000-07:00

The Internet Corporation for Assigned Names and Numbers (ICANN) has approved an adult rated top level domain .xxx for adult entertainment on the Internet. It has signed an agreement with the ICM Registry to manage the .xxx domain level. For more info, go to www.law4it.com

eHarmony Decision provides guidance for TOS & Privacy Policy

2011-08-03T06:55:00.000-07:00

In the recent eHarmony decision, the Canadian Privacy Commissioner provided some insight into how web sites with accounts that contain personal information should handle the deactivation and deletion of accounts. She wrote that: "PIPEDA requires that organizations develop guidelines and procedures with respect to the retention of personal information, as well as maximum and minimum retention periods.” For more info, go to www.law4it.com

E-Business Security and Privacy Trends presentaton posted on www.law4it.com

2011-04-13T07:56:00.000-07:00

Are you involved in the design and implementation of privacy policies within your organization? If so, are you implementing privacy-by-design or a version of privacy at the design stage? If you are involved in the design and implementation of computer systems (including web based systems), how are you handling your terms of use and privacy policy? To view the presentation given by George C. Eyre, E-Business Security and Privacy Trends at Managing Privacy Compliance (Federated Press) which was held March 30 and 31 follow the link below:

E-Business Security and Privacy Trends presentation posted on www.law4it.com

Bloggers Must Disclose:

2009-11-10T07:19:00.000-08:00

Bloggers must disclosure “material connections”: The Federal Trade Commission, FTC has updated its guidelines on endorsements and testimonials which now include bloggers for the first time. The "Guides Concerning the Use of Endorsements and Testimonials in Advertising" can be found on the FTC’s site. According to examples provided for in the guidelines: Bloggers must disclosure “material connections” (i.e. when they receive free goods and services) when they endorse a good or service. These guidelines are open for comment for a period of time. The IAB, the Internet Advertising Bureau writes in a letter to the FTC that the new guidelines clamp down on one medium i.e. the Internet but not another and this constitutes a First Amendment violation. But should they apply to all media? Does a Blogger located in Toronto, Ontario and selling in the U.S.A. have to comply with these guidelines? More to come at www.law4it.com.

Wrongful Dismissal, Recession, Reasonable Notice, Employment Agreements

2009-07-28T06:48:00.000-07:00

How does the current recession effect wrongful dismissal and employee rights for non-union employees?

If you belong to a union, you must go through your union; however, you may still want to consult with a lawyer.

Have you been dismissed or do you feel that you are in danger of being dismissed? Have you received “warning” letters from your employer that you don’t agree with? Is your job changing? i.e. work load or nature of your work? Termination of employment is disturbing and stressful and an improper termination can add to the stress. The recession has brought more layoffs due to companies cutting costs. Some are going bankrupt. The modern workplace is often an important cornerstone in one's emotional and social well-being. Along with the financial upheaval and hardship that often flows from the loss of a job, an improper termination of employment may also be a source of great personal anxiety, discomfort and distress.

Is your employer alleging that they can terminate you for cause? In very rare cases an employee may be terminated for cause without any prior notice to the employee and without compensation; however; these are difficult to prove. Examples would include blatant theft or fraud.

If you have been wrongfully dismissed and your employer has made you an offer, consider whether or not the offer is sufficient and have the offer reviewed before signing. As part of this offer, you will receive reasonable notice or payment in lieu of. But that raises the question:

How is "reasonable notice" Determined?

Reasonable notice is determined with reference to the facts of each particular case, having regard to the character of the employment, the length of service of the employee, the age of the employee and the availability of similar employment, the experience, training and qualification of the employee and the circumstances of the employee's hiring and termination. Other considerations include: whether the employee was induced to take the job, whether there is an employment agreement with a clause that deals with reasonable notice in the event of termination, whether or not there were any human rights violations, employment standards act, and the employee’s duty to mitigate. Another relevant factor in considering the appropriate notice period lies in decisions made by courts in analogous circumstances.

The Effect of the Recession:

One of the factors in determining reasonable notice periods is the availability of similar employment. The recession is either eliminating some types of jobs in Canada such as manufacturing jobs or making the time to obtain similar jobs longer. In the recent case of Eugene Moldovanyi v. Canac Kitchens Ltd., a division of Kohler Ltd, the Justice D. M. Brown considered this factor:“Availability of similar employment: Mr. Moldovanyi has looked for new permanent work, without success. Times are tough in the first quarter of 2009. Major layoffs by manufacturing companies are reported daily in the business media. I have no doubt that Mr. Moldovanyi is attempting to find replacement work in a very poor
employment market;” in granting him 14 months reasonable notice

If you have been asked to sign an employment agreement or offer, have a concern regarding your employment or have been wrongfully dismissed, take an initial consultation with George C.Eyre by telephone at (416) 362-0495 and by email at info@law4it.com without fee or obligation

© 2009 George C. Eyre and George C. Eyre, Law Offices This article is intended for information purposes only and is not a substitute for legal advice and may not be relied on as such. You are advised to consult with a lawyer for advice regarding your specific case.

Disclaimer

2009-07-09T08:05:00.000-07:00

The information provided here is general information and not legal advice and the reader must talk to a lawyer if you need legal advice. You (the reader) is not my client just by reading this blog and I am not your lawyer just by reading this blog Do not post confidential information and unsolicited information sent to me is not protected by solicitor-client privilege

Toronto based i4i wins patent case vs. Microsoft

2009-06-01T07:46:00.001-07:00

Toronto based i4i has won a patent jury verdict in Texas, U.S.A. against Microsoft in the amount of $ 200M U.S. for willful patent infringement. The patent was for manipulating complex data in electronic documents and was awarded in 1998 to i4i. E-mails presented at the trial provided evidence that giant Microsoft was aware of i4i's software and inserted it into Word 2007 and Word 2003. I4i is seeking an injunction and treble damages. Microsoft says that it will appeal and that the patent is invalid. Stay tuned to see how it is resolved.

Presentation by George C. Eyre - E-Commerce or E-Business Security & Privacy Issues AT MANAGING PRIVACY COMPLIANCE!!

2009-05-22T08:25:00.000-07:00

With the explosion of Web 2.0 (Thin Computing, Cloud Computing, Saas Computing and Social Networking) privacy and security is under increased scrutiny by the media. The recently completed Managing Privacy Compliance conference addressed privacy and security issues and compliance. To view the presentation given by George C. Eyre, E-Business Security & Privacy Issues at Managing Privacy Compliance (Federated Press) which was held March 30 & 31, 2009, click here. For a copy of the presentation go to www.law4it.com