Karen Zimmer

Privacy breach by your rogue employee: Are you liable?

Collecting, storing, and using personal information is often the key to developing and delivering individualized products and services in our current economy. As consumers, businesses, and service providers alike become increasingly comfortable using electronic platforms to exchange or store personal …

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Derivative actions under the Societies Act (BC): what are they, why are they important, and what do they mean to my society?

Societies incorporated in British Columbia should take caution: since November 28, 2016, there has been a new and potentially powerful remedy that may be used in the context of British Columbian Societies.

This remedy, known as the derivative action, has …

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Facebook’s Terms of Use does not give California Court jurisdiction over the privacy rights of British Columbians

All users of Facebook agree to its Terms of Use as part of the registration process.  When doing so, users agree to submit to California courts when litigating any claim arising, and that the laws of California will govern.  Hence, …

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Ensuring that the new Societies Act (B.C.) does not have you headed to the Courtroom

Now is the perfect time for societies incorporated in British Columbia to consider how to avoid a new kind of court challenge that members can now bring under section 102 of the Societies Act, S.B.C. 2015, c. 18, which came …

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Upholding the end of the bargain, and avoiding penalty and unconscionable claims – Case Comment: Do v. Nichols

On March 18, 2016, the British Columbia Court of Appeal released reasons for judgment in Do v. Nichols, 2016 BCCA 128.  This decision provides guidance on how to draft and enforce tough provisions in a contract that can withstand penal …

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