pdfIcon BLG Monthly Update — April 2013


  • ‘a model of how not to conduct’ one


  • credit rating agency acted reasonably, even though its information was inaccurate

Civil procedure

  • bringing Ontario’s longest-running legal drama to an end
  • warning: don’t put the other side through unnecessary hoops

Civil   procedure/lawyers/torts

  • successful lawsuits don’t always pay

Class  actions/privacy

  • individual issues overwhelm in data breach class action

Conflict of laws

  • Ontario is OK forum for claims arising from airline passenger’s detention in Qatar for air rage

Conflict of laws/consumer protection

  • Quebec court refuses to enforce choice of forum in eBay user agreement


  • no implied duty of good faith in termination of automatically renewing contract, says Alberta CA
  • that limitation of liability clause may not stand up when seen in context

Corporations/directors’   duties/torts

  • director can’t sue company for injury resulting from breach of director’s fiduciary duty


  • highly entertaining judgment takes ‘a detour that might have confused Lewis Carroll’


  • spoliation of evidence can include failing to preserve text messages and Facebook pages

Evidence/civil  procedure

  • journalist’s privilege in confidential source’s information trumps law prof’s request for Norwich order


  • every banker’s nightmare: a claim for knowing assistance in breach of trust

Insurance/contracts/unjust    enrichment

  • insurer pays out to wrong beneficiary, facilitating fraud, but not liable

Intellectual  property

  • no monopoly in historical events, says NY district court


  • ‘reasonable suspicion’ of criminal activity required for forensic customs search, says 9th Circuit

Privacy/class  actions

  • data breach claims against LinkedIn dismissed


  • general warrant not enough for access to stored text messages; specific wiretap authorisation  required


  • no ‘essentially unlimited right’ to search student mobile phone

Privacy/personal   property/torts

  • just who owns that LinkedIn account?


  • SEC now likes social media (within limits)
  • US Supreme Court expresses doubts about fraud on the market

Torts/sports law

  • now that golf season is upon us


  • flexible approach in applying Quistclose trust to funds paid into solicitor’s account

pdfIcon BLG Monthly Update — April 2013



Corporate Commercial Litigation and Arbitration