Limitations of liability Archives

Developments in computer, Internet and e-commerce law: the year in review (2017-2018)

I gave my annual presentation today to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covers the period from June 2017 to June 2018. The developments include cases from Canada, the U.S. the U.K., Singapore, Australia, and other countries.

The developments are organized into the broad topics of:

Jurisdiction/Online Remedies/Conflicts of Laws
Hyperlinks/Search Results/Computer Generated Content
e-Commerce & Online Agreements
Technology Contracting
Privacy
Copyright
CASL.

The cases referred to are listed below.…

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Limitations of liability in IT contracts: Atos v Sapient

For tech lawyers like me and many readers of this blog, it’s a rare treat when a Canadian court construes an IT contract and opines on clauses we see in agreements all the time. The case IT lawyers will want to read is Atos v Sapient, 2016 ONSC 6852

This case involved a contract dispute between the prime contractor Sapient and its subcontractor Siemens (now Atos). Here are some legal nuggets you might want to think about in your next IT contracts.…

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Developments in Computer, Internet and E-Commerce Law (2012-2013)

Earlier today, I gave my annual presentation to the Toronto Computer Lawyers’ Group on developments in Computer, Internet, and e-commerce Law. The slides cover the period from my last presentation in June 2012, Developments in Computer, Internet and E-Commerce Law (2011-2012).

The cases summarized in the slides below canvass developments in a number of countries and include cases from Canada, United States, UK, Ireland, Australia, and Israel.

CANADA

1004964 Ontario Inc. v. Aviya Technologies Inc., 2013 ONSC 51

A.B…

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Developments in Computer, Internet and E-Commerce Law (2010-2011)

Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2010-2011). It covers significant developements since my talk last spring.

The slides include a summary of the following cases and statutory materials:

Privacy:

Cite Cards Canada Inc. v. Pleasance, 2011 ONCA 3

Leon’s Furniture Limited v. Alberta (Information and Privacy Commissioner), 2011 ABCA 94

State Farm Mutual Automobile Insurance Company v. Privacy Commissioner of Canada, 2010 FC 736

Nammo v.…

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Developments in Computer, Internet and E-Commerce Law (2009-2010)

Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2009-2010). It covers significant developements since my talk last spring.

The slides include a summary of the following cases and statutory references:

Tercon Contractors Ltd. v. British Columbia, 2010 SCC 4

Internet Broadcasting Corporation Ltd. v Mar LLC [2009] EWHC 844 (Ch)

Gammasonics Institute for Medical Research Pty Ltd v Comrad Medical Sysytems Pty Ltd [2010] NSWSC 267 (9 April 2010)

Kingsway Hall Hotel Ltd.…

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Supreme Court kills fundamental breach in enforcement of liability disclaimers in Tercon

IT lawyers know all too well that IT contracts can go awry. That is why so much time is spent arguing about limits of liability during contract negotiations. A recent example is the BSkyb Ltd & Anor v HP Enterprise Services UK Ltd & Anor (Rev 1) [2010] EWHC 86 (TCC) (26 January 2010) case where the UK court made a huge damage award against HP.

The Supreme Court had considered on several previous occasions the effect of a fundamental breach on limitations of liability terms.…

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