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Jurisdiction

Federal Court Orders Privacy Commissioner to Investigate Complaint

The Federal Court of Canada yesterday issued an important decision addressing the jurisdictional reach of Canada's privacy legislation. The case involved a complaint launched by Pippa Lawson of CIPPIC against U.S.-based Abika.com over the collection and use of her personal information. The Privacy Commissioner refused to investigate, arguing that Abika.com declined to cooperate with the investigation and that she therefore lacked the jurisdiction to proceed.

CIPPIC applied for judicial review and yesterday won the case. The court gets it exactly right – "with respect, I think the Commissioner did not distinguish her power to investigate from the effectiveness of her investigation."

February 6, 2007 — 1 comment — News

Supreme Court Denies Leave in Bangoura Case

The Bangoura case, the much-discussed Canadian Internet jurisdiction case, has come to a close as the Supreme Court of Canada today denied Bangoura’s request for leave to appeal the Ontario Court of Appeal decision. Still working its way through the courts is the appeal of the Burke v. NewYork Post […]

February 16, 2006 — Comments are Disabled — News

New Yahoo Case Raises Old Questions

My weekly Law Bytes column (Toronto Star version, freely available version, BBC International version) examines the recent 9th Circuit Court of Appeals Yahoo decision involving the long-running battle over Internet jurisdiction. I argue that while the legal and jurisdictional implications are important, the Internet considerations highlight the complexity associated with […]

January 25, 2006 — Comments are Disabled — Columns

The Long Arm of Canadian Internet Law

My weekly Law Bytes column (Toronto Star version, freely available hyperlinked column) reviews the Bangoura and Burke cases, the two recent Canadian Internet jurisdiction decisions involving the Washington Post and New York Post. The Ontario Court of Appeal declined to assert jurisdiction in the Bangoura case, expressing concern that "to […]

September 25, 2005 — Comments are Disabled — Columns

Different Post, Different Outcome

On the heels of the Ontario Court of Appeal Bangoura decision, the B.C. Supreme Court has just released another Internet jurisdiction finding. Rather than the Washington Post, this case involves the New York Post, which is being sued by former Vancouver Canucks General Manager Brian Burke. The suit stems from […]

September 22, 2005 — Comments are Disabled — News