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Helping Your Ideas Take Flight For Over 25 Years.
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Deeth Williams Wall Welcomes Fraser Mann and Elisabeth Symons
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Noteworthy News Deeth Williams Wall and our lawyers have received awards and accolades from the following leading industry groups, sources, publications and sites.   Including The 2020 LEXPERT - Guide to the leading 500 lawyers in Canada WWL - Who's Who Legal Canadian Lawyer Magazine 2020-21 Top intellectual property Boutique Ranked in Cambers Global 2020 MIP - IP Stars
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COVID-19 Announcement DWW remains connected and available to assist you throughout the COVID-19 pandemic. Please call or email us for assistance. We wish continuing good health to all our friends, clients, and colleagues.

Recent Insights

Supreme Court of Canada Dismisses Uber Appeal on Grounds that Arbitration Clause “Unconscionable and Therefore Invalid” Supreme Court of Canada Dismisses Uber Appeal on Grounds that Arbitration Clause “Unconscionable and Ther...

Litigation
July 2, 2020July 2, 20202020-07-02
On June 26, 2020, the Supreme Court of Canada (the SCC) issued its decision in Uber Technologies Inc v Heller, 2020 SCC 16 and dismissed the appeal brought by Uber Technologies Inc. (Uber) on the grounds that the arbitration clause in the arbitration agreement between Uber and its drivers is “unconscionable and therefore invalid”.
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-dismisses-uber-appeal-on-grounds-arbitration-clause-

Ontario Developing Mobile Application “COVID Alert” to Notify Canadians with Possible COVID-19 Exposure Ontario Developing Mobile Application “COVID Alert” to Notify Canadians with Possible COVID-19 Exposure

Mobile
July 2, 2020July 2, 20202020-07-02
On June 18, 2020, Prime Minister Justin Trudeau and Ontario Premier Doug Ford announced the rollout of a new, made-in-Ontario app called COVID Alert made to alert Canadians when they may have been exposed to COVID-19. 
Deeth Williams Wall https://www.dww.com/articles/ontario-developing-mobile-application-%E2%80%9Ccovid-alert%E2%80%9D-to-notify-canadians-possible-covid19

Quebec Introduces Bill to Modernize Province’s Legislative Provisions Protecting Personal Information in Private and Public Sectors Quebec Introduces Bill to Modernize Province’s Legislative Provisions Protecting Personal Information in ...

Privacy
July 2, 2020July 2, 20202020-07-02
On June 12, 2020, the Quebec government introduced Bill 64, An Act to modernize legislative provisions as regards the protection of personal information (the Bill). The Bill proposes to modernize the current framework and obligations that private and public sector entities face in the context of protecting personal information. The Bill proposes a number of amendments to the Province’s Act respecting the protection of personal information in the private sector (the Private Sector Act). Such amendments include:
Deeth Williams Wall https://www.dww.com/articles/quebec-introduces-bill-to-modernize-province%E2%80%99s-legislative-provisions-protecting-personal

OPC Publishes Survey of Canadian Businesses on Privacy-related Issues OPC Publishes Survey of Canadian Businesses on Privacy-related Issues

Privacy
July 2, 2020July 2, 20202020-07-02
On June 9, 2020, the Office of the Privacy Commissioner of Canada (OPC) announced the results of its 2019-20 survey of Canadian businesses on privacy-related issues. The OPC commissioned the survey to understand the type of privacy policies and practices that businesses have in place, the businesses’ compliance with the law, and their awareness and approaches to privacy protection. The telephone survey was conducted in late 2019 with 1,003 business representatives across Canada.
Deeth Williams Wall https://www.dww.com/articles/opc-publishes-survey-of-canadian-businesses-on-privacyrelated-issues

Federal Court Finds that HERBS R US Design Mark is Likely to Depreciate the Goodwill in the TOYS R US Trademark Federal Court Finds that HERBS R US Design Mark is Likely to Depreciate the Goodwill in the TOYS R US Tra...

Trademark and Copyright Litigation
July 2, 2020July 2, 20202020-07-02
On June 11, 2020, the Federal Court of Canada (the Court) issued its decision in Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society (2020 FC 682), holding that use of the HERBS R US design mark was likely to depreciate the goodwill in the registered trademark TOYS R US & Design, contrary to section 22 of the Trademarks Act (the Act).
Deeth Williams Wall https://www.dww.com/articles/federal-court-finds-herbs-r-us-design-mark-likely-to-depreciate-goodwill-toys-r-us

Federal Court of Appeal Upholds Canada’s Anti-Spam Legislation as Constitutional Federal Court of Appeal Upholds Canada’s Anti-Spam Legislation as Constitutional

CASL
June 17, 2020June 17, 20202020-06-17
On June 5, 2020, the Canadian Federal Court of Appeal (the Court) in 3510395 Canada Inc v Canada (Attorney General) 2020 FCA 103, unanimously upheld the constitutionality of Canada’s Anti-Spam Legislation (CASL) which regulates, among other things, the sending of commercial electronic messages (CEMs), such as e-mails and text messages, to protect individuals and businesses against spam and other electronic threats.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-upholds-canada%E2%80%99s-antispam-legislation-as-constitutional

Events

May 21, 2020

Deeth Williams Wall associate Jennifer Davidson has joined the program faculty of the Osgoode Professional Development Certificate Program entitled Negotiating and Drafting IT Agreements.

Osgoode’s Certificate in Negotiating & Drafting IT Agreements is an innovate course offering a deep dive into the essential aspects of structuring, negotiating and drafting IT agreements. 

More information on the program can be found here:

May 5, 2020

Get Up to Speed: Video Conferencing Solutions for Your Practice

Before mid-March, your daily routine may have involved some remote interaction with clients, lawyers and other stakeholders. Today, most practitioners' schedules are filled with back-to-back video conferences on various virtual platforms.

February 12, 2020

Richard Austin and Jennifer Davidson will be discussing accountability and risk in third party relationships in a lecture entitled "Where Does Accountability and Risk Lie in 3rd Party Relationships?" at the Council for Chief Privacy Officers on February 12th in Toronto.