Monday’s Mix
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.
This week the randomly selected blogs are 1. All About Information 2. David Whelan 3. Barry Sookman 4. Avoid a Claim 5. Alcohol & Advocacy
All About Information
US court finds that visitors to health care provider web pages don’t leave a trail of their protected health information behind
On June 20, the U.S. District Court for the Northern District of Texas held that the US Department of Health and Human Services exceeded its authority by issuing a guidance bulletin that warned HIPAA regulated entries that tracking visitors to web pages with content about health conditions or health care providers is governed by the HIPAA privacy rule. The HHS concern is focused on the disclosure of “protected health information” or “PHI” to tracking vendors given such disclosures are subject to particular legal requirements. Similar to the law in Ontario, PHI is only information about an identifiable individual that “relates to” the provision of health care. …
David Whelan
The Warp And Weft of Resilience
I had an epiphany while sitting in an AALL conference session. As is often the case, I had heard something and it had sparked a thought that distracted me for a moment. I’ve posted here before that I’m not a huge fan of the concept of succession planning. I think, now, that a lot of that resistance is that it has been positioned around future promotion and legacy. The director is dead, long live the director. But in that moment, I saw that succession planning really could, should, be another phrase for operational resilience. …
The Federal Court issued another troubling copyright decision involving Blacklock’s Reporter (BR) in the recent case, 1395804 Ontario Ltd, operating as Blacklock’s Reporter v AG Canada, 2024 FC 829. In reasons that are very difficult to follow and untangle, Justice Roy of the Federal Court held that Parks Canada did not infringe copyright or breach the Copyright Act’s legal protection of technological protection measures by circulating copies of articles and passwords to locked articles published by BR. …
Avoid a Claim
It’s Out! Personal Injury: Compendium of Damages awarded between 1999-2023
The compendium of damages awarded in personal injury actions across Ontario, from January 1999 to October 2023, is available for download on the County of Carleton Law Association website, or you may click here. Understanding both historical and current case law is vital for lawyers to effectively benchmark their client’s damages against those awarded in…
Alcohol & Advocacy
August, 2022 General Liquor Policy Changes
So far 2022 has been a relatively slow year for policy changes by British Columbia’s Liquor and Cannabis Regulation Branch. Readers of A&A will know that over the last couple years (largely driven by COVID) government regulators had been rolling out some substantial changes to liquor policy. But 2022? Not so much. That changed a little on August 15, 2022 when the Branch published Policy Directive No. 22-13 that contained six changes to liquor policy. The changes are as follows: …
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*Randomness here is created by Random.org and its list randomizing function.
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