Bennett Jones

Education

University of Alberta, BSc (Pharmacology Specialization), 1999 University of Alberta, PhD (Pharmaceutical Sciences and Biomedical Engineering), 2004 University of Calgary, LLB, 2007 Stanford University (USA), LLM (Law, Science and Technology), 2009 Certified Information Privacy Professional/Canada (CIPP/C)

Bar Admissions

Alberta, 2008 British Columbia, 2014

J. Sébastien A. Gittens

Partner, Trademark Agent

T: 403.298.3409 / E: gittenss@bennettjones.com

Calgary

Sébastien Gittens understands the need to provide legal advice in a timely, efficient and pragmatic way. This businesslike philosophy is backed by the first joint Ph.D. in Pharmaceutical Sciences and Biomedical Engineering awarded by the University of Alberta and a Master's degree in law from Stanford University.

Sébastien is a technology lawyer and registered trademark agent who advises clients both domestically and internationally on all matters relating to the management and commercialization of intellectual property. His extensive experience includes: (i) negotiating IP aspects of major mergers, acquisitions, and divestitures; (ii) licensing IP rights; (iii) creating strategic alliances and joint ventures; and (iv) advising on outsourcing arrangements.

In addition, Sebastien is a Certified Information Privacy Professional for Canada (CIPP/C) who regularly advises on privacy, data protection and information security, including risk identification and management, as well as incident preparedness and response.

He works with clients in a broad range of industries, such as automotive, aviation, energy, biotechnology, financial services, entertainment, pharmaceutical and information technology.

Chambers Canada

"He is very detail-oriented and focused on understanding the client’s goals and then trying to dovetail the paper to meet those goals as best as possible. He is very technically skilled and client service-focused."

In university, Sébastien earned numerous scholarships and awards, including the John Hart Ely Prize for Outstanding Performance in Law, Science and Technology Colloquium, the Talisman Energy Inc. Undergraduate Scholarship in Law, and the Izaak Walton Killam Memorial Scholarship.

Sébastien is currently a director of UNICEF Canada as well as the Opportunity Calgary Investment Fund (OCIF). He was also a director of the Westmount Charter School Society and the Calgary International Film Festival Society, and served as the vice-chair of the Calgary Parking Authority.

Select Experience

BioLife Solutions, as Canadian counsel, in its acquisition of PanTHERA CryoSolutions
Westport Fuel Systems in the sale of its interest in Westport Fuel Systems Italia S.r.l., which includes the Light-Duty segment, for US$73.1 million to a wholly-owned investment vehicle of Heliaca Investments Coöperatief U.A
Park Lawn Corporation, a funeral, cremation and cemetery provider, in its C$1.2-billion going private transaction involving Viridian Acquisition
Westport Fuel Systems and its related affiliates (the “Westport Entities”) in establishing a joint venture with Volvo Business Services International AB and its related entities (the “Volvo Group”) to carry on the Westport Entities’ High Pressure Direct Injection business
SECURE Energy Services Inc. in its $1.075-billion asset sale of waste management facilities pursuant to a divesture order by the Competition Tribunal
Roquette Frères SA, a global leader in plant-based ingredients and a leading provider of pharmaceutical excipients, as Canadian counsel in connection with its acquisition of Qualicaps Co., Ltd., a manufacturer and supplier of capsules and related equipment
Resource Modeling Solutions Ltd., an Alberta-based mining software company, in its share sale to a strategic buyer
The Bodtker Group of Companies Ltd. in its sale of Reliance Products Ltd. to Greif, Inc., an NYSE-listed company
A subsidiary of Suncor Energy, together with co-purchasers Husky Atlantic Partnership (a subsidiary of Cenovus Energy Inc.) and Murphy Oil Company Ltd., in the restructuring of project ownership for the offshore Terra Nova Project in Newfoundland through the acquisition of additional project interests from exiting owners for an undisclosed purchase price
The Watermill Group, in its acquisition of Weston Forest Products Inc., a leading distributor and remanufacturer of softwood and hardwood lumber and specialty panel products across North America.
Canopy Growth, in matters relating to privacy, cybersecurity preparedness, incident response, and IP/IT
Volkswagen Canada, in matters relating to privacy, technology and other IP matters
Audi Canada, in matters relating to privacy, technology and other IP matters
Riverstone Holdings LLC, as Canadian counsel, in its acquisition of International-Matex Tank Terminals from Macquarie Infrastructure Corporation for US$2.67 billion
de Havilland Aircraft of Canada Limited and its parent Longview Aviation Capital Corp., in the acquisition of the Dash 8 aircraft program from Bombardier Inc. for approximately US$300 million.
Devon Canada Corporation and Devon Canada Crude Marketing Corporation, in its approx. $3.8-billion sale of substantially all of their assets to Canadian Natural Resources Limited
Emerald Health Therapeutics Inc., in various privacy and IT-related advice.
Broadridge Financial Solutions, Inc., in its approximately US$300-million acquisition of RPM Technologies.
Atomic Energy of Canada Limited, with respect to: (i) the off-boarding of its current IT service provider; and (ii) the preparation of an Master Services Agreement for its RFP.
CIP Capital Management LLP, as Canadian counsel, in its acquisition of People 2.0, Inc.
Emerald Health Therapeutics Inc., in an at-the-market equity offering for the sale of up to $39 million of common shares pursuant to an equity distribution agreement with GMP Securities L.P.
Kissner Group Holdings LP, completed its acquisition of NSC Minerals Ltd., a market-leading provider of salt products in Western Canada and the North Central United States, from an investor group led by Altas Partners.
ZCL Composites Inc., in its approximately $312-million acquisition by Shawcor Ltd. by way of plan of arrangement.
Canadian counsel to Baker Technologies, Inc., a Colorado-based provider of cannabis-specific customer relationship management software, in its business combination with Santé Veritas Holdings Inc., Briteside Holdings, LLC and Sea Hunter Therapeutics, LLC
Inuvialuit Development Corporation, as owner of Canadian North airline, in the merger of Canadian North and First Air (owned by Makivik Corporation), to create a Inuit-owned unified northern Canadian airline.
Cannabis Wheaton Income Corp. (now Auxly Cannabis Group Inc.), in the acquisition of Robinson's Cannabis Incorporated valued at $14,000,000.
District Ventures, in its equity investment in seven companies as part of its accelerator program.
Morgan Stanley Energy Partners, in an investment in Specialized Desanders Inc., a leading oilfield equipment company.
Safety Express Ltd, in its acquisition of Norclean.
Roll-up Corporation, in its acquisition of the real estate and other assets of over 140 entities managed by affiliates of Walton International Group Inc.
TriWest Capital Partners, one of Canada’s leading private equity firms, in partnership with senior management and existing shareholders, in its investment in Lithion Power Group (fka HPC Energy Services).
CST Canada Coal Limited, in its US$433.9-million acquisition of coal assets of Grande Cache Coal LP and Grande Cache Coal Corporation.
ECi Software Solutions Inc., a leader in industry-specific information technology solutions, in its $15-million acquisition of PrintFleet Inc.
Gibson Energy Inc., in the $412-million acquisition of Canwest Propane by Superior Plus LP.
McEwen Mining Inc., in its US$35-million cash purchase of the Black Fox Mine and other assets from Primero Mining Corp.
Schlumberger Limited, in the creation of Joint Venture (JV) Entities with Production Plus Energy Services for the purpose of developing the HEAL System™ technology and business.
PointNorth Capital Inc., in its successful proxy contest for renewal of the board of directors of Liquor Stores N.A. Ltd.
Total Energy Services Inc., in its acquisition of common shares of Savanna Energy Services Corp.
ATS Automation Tooling Systems Inc., a publicly-listed company, in the drafting, negotiation and implementation of corporate and commercial arrangements relating to ATS's proposed eLearning platform and related services.
ParaMed Inc., one of Canada's largest home care providers and an affiliate of Extendicare (Canada) Inc., in its negotiation of a complex SAAS arrangement with a leading global provider of enterprise software for long-term and post-acute care provider organizations
TriWest Capital Partners, in its investment in Trimlite Mfg Inc.
Patterson-UTI Energy, Inc., a publicly-listed, Houston-based drilling services company, in its acquisition of drilling technologies companies Warrior Rig Ltd., Warrior Manufacturing Services Ltd. and certain related subsidiaries.
Calgary Exhibition and Stampede Limited, with numerous corporate commercial matters, including legal advice on its sponsorship agreements
ATCO Ltd., in the sale of ATCO’s subsidiary division, ATCO Emissions Management, to TriWest Capital Partners
Flint Field Services Ltd., a provider of construction services in the oil and gas industry, in connection with the divestment of its Tubular Inspection and Management business segment to ShawCor Ltd.
Repsol S.A., in the proposed $15.1-billion acquisition of Talisman Energy Inc.
ATCO Ltd., in the disposition of ATCO I-Tek Inc. and ATCO's Australian IT operations to affiliates of Wipro Ltd. for aggregate sale proceeds of approximately $210 million
ATCO Ltd., in the negotiation, structuring and other commercial matters relating to ATCO entering into a strategic alliance with Wipro including 10-year master service agreements governing the provision of IT services by Wipro to the ATCO Group of Companies valued at approximately $1.2 billion
Acted for the principals of Enersight in their sale of the company to a portfolio company of Rubicon Technology Partners.

Recent Recognitions

Acritas Stars

Recognized as an Acritas Star®
The Legal 500 Canada

Next Generation Lawyer, Technology
Key Lawyer, Intellectual Property
IP Stars

Rising Star - Canada
Best Lawyers in Canada

Recognized for Privacy and Data Security Law
WTR 1000 The World's Leading Trademark Professionals

Recognized among the top 1000 Trademark professionals in Prosecution and Strategy
Recognized among the top 1000 Trademark professionals in Transactions

Recent Insights, News & Events

BioLife Solutions Acquires PanTHERA CryoSolutions
Client Work / April 10, 2025
BioLife Solutions, Inc., a leading developer and supplier of bioproduction products and services for the cell and gene therapy market, has announced the acquisition of privately-held PanTHERA CryoSolutions, Inc., a developer of novel cryopreservation solutions based on proprietary Ice Recrystallization Inhibitor technology. The acquisition further strengthens BioLife's position as the market leader in biopreservation, enhancing its product portfolio of consumable solutions and adds scientific capabilities to the management team.
Westport Announces Agreement to Divest the Light-Duty Segment for US$73.1 Million
Client Work / April 09, 2025
Westport Fuel Systems Inc. has entered into a binding agreement to sell its interest in Westport Fuel Systems Italia S.r.l., which includes the Light-Duty segment, including the light-duty OEM, delayed OEM, and independent aftermarket businesses, to a wholly-owned investment vehicle of Heliaca Investments Coöperatief U.A., a Netherlands based investment firm supported by Ramphastos Investments Management B.V. a prominent Dutch venture capital and private equity firm. The transaction provides for a base purchase price of US$73.1 million, subject to certain adjustments, and potential earnouts of up to an estimated US$6.5 million if certain conditions are achieved, in accordance with the terms of the agreement.
New Information Technology Security Requirements for Critical Infrastructure Facilities in Alberta
Blog / February 26, 2025
On May 31, 2025, the Alberta Security Management for Critical Infrastructure Regulation (the Regulation) will come into force and is expected to alter existing security requirements for critical resource infrastructure in Alberta. Notably, critical infrastructure facilities identified as such by the Alberta Energy Regulator will be obligated to comply with CSA Z246.1: Security Management for Petroleum and Natural Gas Industry Systems published by the Canadian Standards Association, as may be amended or replaced from time to time (the CSA Standard).
Trends and AI Potential in Proptech
Blog / February 20, 2025
Proptech Collective just released their latest report on key trends that will shape Canada’s proptech ecosystem in 2025. AI is emerging as a transformative force, and the report explores its potential impact across the commercial real estate and construction sectors.
Clearing the Deadwood: Inactive Trademarks at Risk as Section 45 Pilot Project Announced
Blog / December 16, 2024
On December 12, 2024, the Canadian Trademarks Opposition Board (TMOB) announced plans to initiate a pilot project in January 2025 whereby the Registrar of Trademarks will proactively issue a limited number of section 45 notices against existing trademark registrations with the primary intent to assess how many of these trademarks are no longer in use.
Canadian Securities Administrators Issue Notice on Use of Artificial Intelligence
Blog / December 13, 2024
On December 5, 2024, the Canadian Securities Administrators (CSA) published CSA Staff Notice and Consultation 11-348: Applicability of Canadian Securities Laws and the use of Artificial Intelligence Systems in Capital Markets (the Notice). This document offers guidance on how securities legislation applies to the use and implementation of artificial intelligence (AI) by market participants.
Bennett Jones Ranked in Chambers Canadian Fintech Guide 2025
Announcements / December 05, 2024
Bennett Jones has once again been recognized as a leading Canadian law firm in fintech in the 2025 edition of the Chambers FinTech Legal in Canada Rankings. The guide highlights our team's extensive expertise in key areas of the fintech sector, including payments, blockchain, cybersecurity and data protection.
Proposed Changes to Alberta Public-Sector Privacy and Access to Information Laws
Blog / November 14, 2024
On November 6, 2024, the Alberta government introduced Bill C-33 and Bill C-34 which aim to replace the Freedom of Information and Protection of Privacy Act with: (1) the Protection of Privacy Act ; and (2) the Access to Information Act. The government has put forward this proposed legislation as: (1) a response to the significant increase in the use of technology in modern society; and (2) a means to create "the strongest privacy protections in Canada."
Bennett Jones Recognized as Top-Tier Firm in Legal 500 Canada Rankings
Announcements / November 14, 2024
Bennett Jones has once again been recognized as a top-tier firm in five practice areas in the 2025 Legal 500 Canada guide. Known for our deep knowledge and client-focused approach, we consistently deliver strategic solutions that help clients solve their most complex legal matters. This recognition highlights our commitment to excellence and our dedication to achieving the best results for our clients.
Heightened Privacy Obligations for Organizations in Alberta: Changes May Be on the Horizon
Blog / September 26, 2024
The review of Alberta's Personal Information Protection Act currently underway by the Alberta Standing Committee on Resource Stewardship continues, with the Privacy Commissioner of Canada recently appearing before the Committee. In light of the review, changes may be coming to private-sector personal information laws in Alberta.
Top Five Things to Know About Proptech in Canada
Blog / September 11, 2024
We are in the midst of a digital transformation of all aspects of the real estate industry, including development, marketing, transactions, financing and management. The convergence of property and technology, known as “proptech,” presents exciting opportunities for industry stakeholders, along with distinct legal considerations that need to be addressed.
Park Lawn Announces Completion of $1.2 Billion Going Private Transaction
Client Work / August 13, 2024
Park Lawn Corporation has announced the successful completion of its previously-announced plan of arrangement transaction involving Viridian Acquisition Inc., a wholly-owned subsidiary of Viridian Holdings LP, a limited partnership collectively owned by Homesteaders Life Company and certain funds the general partner of which is Birch Hill Equity Partners Management Inc. Bennett Jones acted for Park Lawn and the Special Committee of Park Lawn’s Board of Directors.
Unchartered Territories: Canadian Courts and Law Societies Grapple with the Use of Generative Artificial Intelligence Tools
Blog / May 23, 2024
Canadian courts and law societies, alike, are faced with an ever-evolving challenge: straddling the line between recognizing the potential benefits of emergent generative artificial intelligence (GenAI), while balancing the associated risks of using this technology. Principle to these associated risks is the ability of GenAI to "hallucinate" (i.e., generate incorrect information).
AI Insights Foundations
Event / April 23, 2024
Building on current and proposed legislative frameworks, duties of care and risk management strategies, this virtual symposium looked at AI through legal, technical, governance and risk-focused lenses, ultimately providing you with the practical insights and strategic viewpoints essential for successful AI adoption, all while futureproofing against potential legal challenges.
Navigating the Legal Landscape of AI
Blog / April 17, 2024
Bennett Jones welcomed the opportunity to present a practical, opportunity and risk focused approach to the governance of Artificial Intelligence (AI) at the board level to the Institute of Corporate Directors. While AI is receiving significant attention currently, and is often considered a rapidly evolving catalyst for market disruption, it is important to view AI with both a governance of technology and a governance of change lens.
AI’s Ethical Frontier: Corporate Governance and the Safety Imperative
Event / April 11, 2024
Bennett Jones was honored to collaborate with the Institute of Corporate Directors in presenting an engaging discussion on the evolution of Artificial Intelligence (AI) and its profound impact on boardrooms across Canada. In this webinar, Bennett Jones' Stephen Burns, Emmanuelle Demers, and Sébastien Gittens shared indispensable AI insights tailored to fulfilling directorial duties and obligations.
The Supreme Court of Canada Recognizes Privacy Rights in IP Addresses
Blog / March 15, 2024
In a first-of-its-kind decision, R. v. Bykovets, 2024 SCC 6 (Bykovets),the Supreme Court of Canada has adopted a broad view of internet privacy—at least in the criminal and public authority context—finding that internet protocol addresses attract a reasonable expectation of privacy protected by section 8 of the Canadian Charter of Rights and Freedoms. Bykovets has important implications for private organizations that regularly respond to requests for production of information from law enforcement or regulatory authorities and reflects a broader conceptualization of online privacy which will shape the development of Canadian privacy laws going forward.
SECURE Energy Services Inc.: $1.075 Billion Asset Sale of Waste Disposal Facilities
Client Work / February 01, 2024
Bennett Jones successfully advised SECURE Energy Services Inc., in its $1.075 billion asset sale of waste disposal facilities to R360 Canada Environmental Solutions Inc., an affiliate of Waste Connections of Canada Inc. The sale marks the end of a divestment process for certain assets formerly owned by Tervita Corporation ordered to be sold by the Competition Bureau.
Understanding AI: A Roadmap for Corporate Counsel
Event / November 07, 2023
Artificial Intelligence (AI) is rapidly evolving, creating material opportunities and risks. In response, regulators and governments are working fast to catch-up, define, create guardrails and implement controls. To navigate this quickly changing environment, Corporate Counsel and Executive Teams need a robust understanding of this transformative technology and the legal frameworks in which it operates.
Minister of Innovation, Science and Industry of Canada Releases Proposed Amendments to the Digital Charter Implementation Act
Blog / October 11, 2023
On September 26, 2023, the House of Common's Standing Committee on Industry and Technology (the Standing Committee) embarked on a comprehensive examination of Bill C-27, the Digital Charter Implementation Act. If passed, this legislation would repeal part 1 of the Personal Information Protection and Electronic Documents Act and enact three separate Acts designed to revamp privacy laws and govern the burgeoning field of artificial intelligence in Canada.
Generative Artificial Intelligence (AI): Canadian Government Continues to Clarify Use of Generative AI Systems
Blog / September 20, 2023
The Canadian government continues to take note and react to the widespread use of generative artificial intelligence (AI). Generative AI is a type of AI that generates output that can include text, images or other materials, and is based on material and information that the user inputs (e.g., ChatGPT, Dall-E 2 and Midjourney). In recent development, the Canadian government has: (1) opened up consultation on a proposed Code of Practice (the Code) and provided a proposed framework for the Code; and (2) published a Guide on the use of Generative AI for federal institutions on September 6th, 2023.
WPC 2023 Day Three: AI in the Energy Industry—Making Sense of the Noise
Blog / September 20, 2023
There is a lot of noise around using artificial intelligence (AI) in the energy industry. Bennett Jones' Sébastien Gittens helped make sense of it on Day Three of the World Petroleum Congress in Calgary. He spoke with conference attendees about how AI is being used right now and what energy companies should consider when onboarding it.
24th World Petroleum Congress
Event / September 17, 2023
As a frontrunner in the energy industry for the last century, Bennett Jones is proud to be the Official Legal Sponsor of the 24th World Petroleum Congress. The conference provides a unique opportunity to work together to develop realistic and workable paths to a net-zero future.
Boom in Hydrogen Technology: Patents Fueling Later-Stage Investments, Recent Report Finds
Blog / September 06, 2023
A recent report—jointly published by the International Energy Agency and the European Patent Office—earlier this year, highlights the growing number of patent filings in the hydrogen sector.
Bennett Jones Lawyers Recognized in Best Lawyers in Canada 2024
Announcements / August 24, 2023
104 Bennett Jones lawyers have been recognized across 46 practice areas in the 2024 edition of Best Lawyers in Canada. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
New Practice Directions Consider Artificial Intelligence in Court Submissions
Blog / July 24, 2023
The use of artificial intelligence (AI) in the preparation of materials filed with the courts has been the subject of recent practice directions, with certain Canadian courts requiring that any reliance on AI by a litigant must be disclosed.
Artificial Intelligence—A Companion Document Offers a New Roadmap for Future AI Regulation in Canada
Blog / March 30, 2023
Artificial intelligence regulation in Canada may be around the corner and could affect all types of organizations involved with AI systems in commercial contexts. A new companion document, for the Artificial Intelligence and Data Act was recently released by Innovation, Science and Economic Development Canada. This document is an important development, as it outlines a proposed roadmap for any future AI regulation.
Nippon Steel Commits to $1.15 Billion Investment in Elk Valley Resources in Teck Spin Off
Client Work / February 22, 2023
Bennett Jones is representing Nippon Steel Corporation in its proposed $1.15 billion investment in Elk Valley Resources Ltd. (EVR), a steelmaking coal business to be spun-out as an independent public company from Teck Resources Ltd. Nippon Steel and EVR have agreed that concurrently with the completion of the investment, they will enter into long-term coal offtake rights agreement, under which EVR will supply steelmaking coal to Nippon Steel.
Electric Contracts for Electric Vehicles: The Key Considerations
Blog / February 01, 2023
Approximately 24 percent of Canada's greenhouse gas emissions come from the transportation sector. Legislation and regulations are being used to address these emissions by bringing in mandatory requirements. In addition to legislative and regulatory requirements, battery electric and other zero emission vehicles (ZEVs) are increasingly becoming a part of climate change strategy through initiatives offered to public and private sector entities to convert their carbon fuel fleets to ZEV fleets.
Heightened Privacy Obligations for Public Bodies in British Columbia
Blog / December 22, 2022
Amendments to British Columbia’s Freedom of Information and Protection of Privacy Act (FIPPA) taking effect on February 1, 2023, will impose more stringent privacy requirements on provincial public bodies, such as hospitals, municipalities and crown corporations, and numerous agencies, boards and commissions. The current legislation does not require public bodies to (1) notify the Office and Powers of Information and Privacy Commissioner and affected individuals in the event of a "privacy breach", or (2) have a privacy management program. Bill 22 – 2021: Freedom of Information and Protection of Privacy Amendment Act, 2021 (Bill 22) will introduce each of these requirements into FIPPA when in force.
Bennett Jones Shines In Legal 500 Canada Rankings
Announcements / November 09, 2022
Bennett Jones has been recognized as a top-tier firm in five practice areas in the 2023 Legal 500 Canada guide: Aviation, Cannabis, Dispute Resolution: Alberta, Environment and Oil and Gas.
Understanding the Draft Consumer Privacy Protection Act
Event / September 14, 2022
On Wednesday, September 14, our Data Governance, Cybersecurity and Privacy group hosted a special presentation on the key changes included in this draft legislation and how they will change the scope of your obligations, the extent of regulatory scrutiny and exposure to penalties for non-compliance.
Federal Government Introduces Cybersecurity Legislation to Protect Critical Infrastructure
Blog / June 17, 2022
On June 14, 2022, federal Public Safety Minister Marco Mendicino introduced Bill C-26, An Act Respecting Cyber Security (ARCS). Intended to strengthen cybersecurity of vital services and vital systems, this proposed legislation will, among other things, require various federally-regulated organizations to take steps to protect their cyber infrastructure.
Privacy Reforms Now Back Along with New AI Regulation
Blog / June 17, 2022
On June 16, 2022, the Digital Charter Implementation Act, 2022 (DCIA) was introduced as Bill C-27. The DCIA will enact the Consumer Privacy Protection Act (CPPA), the Personal Information and Data Protection Tribunal Act (PIDPTA), the Artificial Intelligence and Data Act (AIDA), and make amendments to other related acts. If enacted as currently drafted, we anticipate that the CPPA and AIDA will have a substantial impact on the extent of regulatory scrutiny of organizations with respect to their privacy practices, and use of artificial intelligence.
Alberta Introduces Strategy to Advance the Province as an International Leader in Technology and Innovation
Blog / April 20, 2022
On April 12, 2022, the Government of Alberta released its Alberta Technology and Innovation Strategy that adds further details in fulfilling Alberta's Recovery Plan announced in June 2020, and complements the Government's Investment and Growth Strategy released in September 2020.
OSFI Calls for Consultation on Draft Guidelines for Technology and Cyber Risk Management
Blog / December 06, 2021
On November 9, 2021, the Office of the Superintendent of Financial Institutions (OFSI) launched a three-month public consultation on the Draft Guideline B-13: Technology and Cyber Risk Management. The Draft Guideline sets out OSFI's expectations with respect to “technology and cyber risk management” applicable to federally regulated financial institutions (FRFIs), such as banks, federally incorporated or registered trust and loan companies, insurance companies and pension plans subject to federal oversight.
Gateway Casinos & Entertainment Limited Completes Refinancing
Client Work / October 27, 2021
Bennett Jones advised Gateway Casinos & Entertainment Limited in the refinancing of its corporate debt in a US$1.25-billion transaction. This includes the refinancing of Gateway's entire Capital Structure and repayment of the full C$200 million that was outstanding on the company's Large Employer Emergency Financing Facility (LEEFF) loan facility.
The Tort of "Public Disclosure of Private Facts" Now Recognized in Alberta
Blog / September 20, 2021
In ES v Shillington, 2021 ABQB 739 [Shillington], the Alberta Court of Queen's Bench recognized the tort of public disclosure of private facts for the first time in Alberta. This decision expands remedies available to plaintiffs in privacy-related actions, in particular those where a defendant discloses the plaintiff's private information, such as intimate images or financial information.
Bennett Jones' Best Lawyers in Canada 2022
Announcements / August 26, 2021
146 Bennett Jones lawyers have been recognized across 48 practice areas in the Best Lawyers in Canada 2022 edition, with 44 lawyers having earned recognition in multiple practice areas. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
Alberta Government Seeks Feedback on Privacy Legislation
Blog / July 26, 2021
The Ministry of Service Alberta is seeking public input on the province's statutory privacy protections. This follows Ontario's recent gesture to modernize its privacy framework and request feedback, which we discussed in Regulation of Privacy in Ontario: One Step Closer.
A Key Step Towards the Right to Be Forgotten? Federal Privacy Laws and Internet Search Engines
Blog / July 21, 2021
In Reference re Subsection 18.3(1) of the Federal Courts Act (the Reference), the Federal Court of Canada held that the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 (PIPEDA) applies to internet search engines when they index webpages and present search results in response to searches of an individual’s name.
Regulation of Privacy in Ontario: One Step Closer
Blog / June 25, 2021
Organizations operating in Ontario may soon be subject to an entirely new provincial privacy regime that could impose substantial compliance obligations, and establish significant penalties for contravention of those obligations.
Sébastien Gittens and Stephen Burns Compare Data and Privacy Protection Regulation
Articles / June 04, 2021
Sébastien Gittens and Stephen Burns write in LexisNexis's Canadian Data Governance and Privacy Digest on "Understanding the CCPA: A Comparison Between the CCPA, PIPEDA, and PIPA."
A “Step Back Overall” for Privacy
Blog / May 13, 2021
In November 2020, the federal government tabled Bill C-11, the proposed new private-sector privacy law that would replace the current regime under the Personal Information Protection and Electronic Documents Act (PIPEDA).We reported on Bill C-11 in Understanding the Draft Consumer Privacy Protection Act: A Summary of the Key Changes Proposed.
Ontario Promises to Create Canada's First Provincial Data Authority
Blog / May 11, 2021
On April 30, 2021, the Government of Ontario introduced Building a Digital Ontario, the province's new digital and data strategy, which lays the foundation for Ontario to become "the world's leading digital jurisdiction." Pursuant to the strategy, the Government of Ontario intends to create a new provincial data authority in consultation that will be responsible for "building modern data infrastructure to support economic and social growth at scale, while ensuring that data is private, secure, anonymous and cannot identify people individually."
New Data Commissioner Proposed in the 2021 Federal Budget
Blog / May 06, 2021
On April 19, 2021, the Government of Canada released the 2021 Federal Budget, which, among other things, proposes to allocate $17.6 million over the next five years (and $3.5 million per year afterwards) to the establishment of a new federal Data Commissioner.
Alberta and Saskatchewan's New "Self-Certified" Investor Prospectus Exemption
Blog / April 28, 2021
On March 31, 2021, securities regulators in Alberta and Saskatchewan adopted a new self-certified investor prospectus exemption, in effect for the next three years (expiring April 1, 2024), to increase capital access and investment opportunities for businesses and investors in their respective provinces.
Alberta Securities Commission Proposes New Prospectus Exemptions for Small Business: Seeks Comments
Blog / April 28, 2021
On March 25, 2021, the Alberta Securities Commission (ASC) proposed two new prospectus exemptions to promote investment opportunities for small businesses in Alberta, and is seeking written submissions with respect to the proposed exemptions by May 7, 2021.
Evidence of Harm Required To Advance Class Action Following Data Breach
Blog / February 24, 2021
The Court of Queen's Bench of Alberta, in Setoguchi v Uber B.V., 2021 ABQB 18, recently dismissed an application for certification of a proposed class action resulting from a data breach because there was no evidence of harm or loss.
Privacy Commissioners Issue Report on Clearview AI's Facial Recognition Tool
Blog / February 06, 2021
The use of a facial recognition tool by Clearview AI, Inc. was the subject of an investigation by the privacy commissioners of Alberta, British Columbia and Quebec and their federal counterpart. In their jointly published report of findings, the privacy commissioners held that Clearview's treatment of Canadians' personal information was in breach of provincial and federal private sector privacy laws, and recommended that Clearview cease all operations in Canada and delete all images and biometric facial arrays about Canadians in its possession.
Understanding the Draft Consumer Privacy Protection Act: A Summary of the Key Changes Proposed
Blog / November 26, 2020
The long-awaited comprehensive reform to Canada's private sector privacy legislation is now finally underway. On November 17, 2020, the Digital Charter Implementation Act, 2020 (DCIA) was introduced. The DCIA will enact the Consumer Privacy Protection Act (CPPA), the Personal Information and Data Protection Tribunal Act and make amendments to other related acts. The CPPA will effectively replace the current federal legislative scheme governing the collection, use and disclosure of personal information by private sector organizations under the Personal Information Protection and Electronic Documents Act (PIPEDA).
Substantial Changes to Federal Regulation of Privacy Now Imminent
Blog / November 17, 2020
Comprehensive reform to Canada's privacy legislation—which privacy experts have long anticipated—is now imminent. Today, the Minister of Innovation, Science and Industry, the Honourable Navdeep Bains, tabled the Digital Charter Implementation Act, 2020. Among other things, the legislation will bring Canada closer to a GDPR model in terms of potential penalties for non-compliance.
Alberta Sunshine List Expanded to Include Physicians
Blog / September 17, 2020
In what is promised by the Government of Alberta to be "the most comprehensive disclosure of physician payments in Canada," Alberta released regulations on physician payment disclosure on September 9, 2020.
Canadian Domain Name Registrar Offers New Free Cybersecurity Solution to Individuals
Blog / May 21, 2020
The Canadian Internet Registration Authority (CIRA) launched a domain name system (DNS) service on April 23, 2020. CIRA is the entity responsible for overseeing Canada's .ca country-code top-level domain [...]
Changes Result in the Alberta Electronic Transactions Act Applying to Employment and Other Records
Blog / April 13, 2020
Legislative changes have resulted in the Alberta Electronic Transactions Act (ETA) now applying to various records often relied upon by employers, landlords, tenants and others. As any record to which the ETA applies cannot be denied legal effect (i.e., solely by reason that it is in electronic form), these changes will provide additional assurance to those dealing with electronic versions of the aforementioned records in Alberta.
Privacy Considerations When Using Smartphone Location Data to Limit the Spread of COVID-19
Blog / April 13, 2020
As countries around the world continue their efforts to combat the novel coronavirus (COVID-19), governments are increasingly turning to technology to enforce "social distancing" rules and related measures designed to contain the spread of the virus.
COVID-19—Mitigating Risks to Critical IT Projects and Services
Blog / March 26, 2020
Given the disruptions arising from COVID-19, organizations are well advised to consider how such disruptions will impact their key information technology (IT) projects and services. In particular, starting [...]
Privacy Considerations When COVID-19 Identified in the Workplace
Blog / March 17, 2020
As organizations in Canada identify employees, contractors or guests in the workplace who are or may be carrying, or who may have been exposed to others who are or may be carrying, the novel coronavirus [...]
Privacy Considerations when COVID-19 Screening
Blog / March 16, 2020
As Canada's federal and provincial health authorities address the novel coronavirus (COVID-19), various questions have arisen regarding the role that organizations should play in balancing the privacy [...]
Bennett Jones on PIPEDA and AI in Law Times
In The News / February 19, 2020
Law Times reports on how the Office of the Privacy Commissioner of Canada is currently seeking input from interested third parties regarding its recommended changes to PIPEDA in the context of artificial intelligence.
Review of Artificial Intelligence May Result in Significant Changes to PIPEDA
Blog / February 06, 2020
Foreshadowing potential significant changes to the federal Personal Information Protection and Electronic Documents Act (PIPEDA), the Office of the Privacy Commissioner of Canada (OPC) is currently seeking input from interested third parties regarding its recommended changes to PIPEDA in the context of artificial intelligence (the "Consultation Document").
Bennett Jones is Top-Tier in The Legal 500
Announcements / November 18, 2019
Bennett Jones has been recommended as a Top-Tier firm in 5 practice areas in The Legal 500 Canada 2020 guide.
Canadian and Other Privacy and Data Protection Authorities Address Anticipated Challenges Related to Artificial Intelligence
Blog / October 04, 2019
Artificial intelligence (AI) presents numerous opportunities to benefit society; however, the Office of the Privacy Commissioner of Canada (OIPC), together with numerous international counterparts, have [...]
Record Fine Proposed Under GDPR
Blog / July 11, 2019
Any doubt that the world of data protection changed profoundly when the European Union’s General Data Protection Regulation (GDPR) came into effect on May 25, 2018, were solidly dispelled when the [...]
Changes to Cross-Border Data Flow Consent Requirements: Is Your Privacy Policy Still Compliant?
Blog / April 30, 2019
Seeking input from interested third parties, the Office of the Privacy Commissioner of Canada (OPC) announced a revision to its policy position on transborder data flow under the federal Personal Information [...]
Breach Notification Rules Under GDPR, PIPEDA and PIPA
Articles / December 31, 2018
Stephen D. Burns, J. Sébastien A. Gittens, Martin P.J. Kratz and Kees de Ridder co-author "Breach Notification Rules Under GDPR, PIPEDA and PIPA" published in the Canadian Privacy Law Review, Vol. 16, No. 1.
Understanding the GDPR - Comparing Consent Provisions to PIPEDA, PIPA and CASL
Articles / December 31, 2018
Stephen D. Burns, J. Sébastien A. Gittens, Martin P.J. Kratz, and Graeme S. Harrison co-author "Understanding the GDPR - Comparing Consent Provisions to PIPEDA, PIPA and CASL" published in the Canadian Privacy Law Review, vol. 16, No. 1.
Breach Notification Rules Under GDPR, PIPEDA and PIPA
Blog / October 01, 2018
The breach notification obligations for Canadian organizations will change significantly in 2018: (i) the European Union's General Data Protection Regulation (GDPR) came into force on May 25, 2018; while [...]
Understanding the GDPR: A comparison between the GDPR, PIPEDA and PIPA
Articles / August 31, 2018
J. Sébastien A. Gittens, Stephen D. Burns, Martin P.J. Kratz, Kees de Ridder and Danielle Miller Olofsson are the co-authors of "Understanding the GDPR: A comparison between the GDPR, PIPEDA and PIPA" published in the Canadian Privacy Law Review, vol. 15, No. 9.
Understanding the GDPR—Comparing Consent Provisions to PIPEDA, PIPA and CASL
Blog / June 14, 2018
The European Union’s General Data Protection Regulation (GDPR) came into force on May 25, 2018. To assist Canadian organizations with their potential compliance efforts with respect to this legislation, [...]
National Compliance Advisory Committee
Speaking Engagements / May 28, 2018
Sébastien Gittens presents at the Canadian Credit Union Association's National Compliance Advisory Committee on the European Union’s General Data Protection Regulation (GDPR).
New Breach Notification Under Alberta's Health Information Act
Blog / May 16, 2018
As of August 31, 2018, custodians and their affiliates will have obligations to provide breach notifications under Alberta’s Health Information Act. More specifically, a custodian will be required [...]
Understanding the GDPR: A Comparison Between the GDPR, PIPEDA and PIPA
Blog / May 14, 2018
The European Union’s General Data Protection Regulation (GDPR) will come into force on May 25, 2018. To assist Canadian organizations with their potential compliance efforts with respect to same, [...]
The Lawyer's Daily on New Bennett Jones Partners
In The News / April 06, 2018
The Lawyer’s Daily reports on Bennett Jones new partners, who come from a cross-section of the firm’s practice and industry specialty areas.
Bennett Jones Names 10 New Partners
Announcements / March 28, 2018
Bennett Jones LLP is pleased to announce that 10 lawyers have been admitted to the partnership. They come from a cross-section of practice and industry specialty areas, including corporate finance, M&A, litigation, intellectual property, employment, tax and competition law.
Cyber Security: Protecting your business in a digital world
Speaking Engagements / October 20, 2017
Sébastien Gittens presented "Reputation, Financial and Legal Response" at the Great Vancouver Board of Trade forum "Cyber Security: Protecting your business in a digital world".
The Strengthening of Ontario's Health Information Privacy Legislation
Articles / September 08, 2017
Michael Whitt, Sébastien Gittens and Antonia Alisauskas co-authored "The strengthening of Ontario's health information privacy legislation" published in Digital Health Legal, September 2017.
Proposed Breach of Security Safeguards Regulations Under PIPEDA have been Released
Blog / September 07, 2017
The Canadian federal government released the proposed Breach of Security Safeguards Regulations under Personal Information Protection and Electronic Documents Act (PIPEDA) on September 2, 2017. Not yet [...]
Supreme Court of Canada Leaves Forum Selection Clauses in a State of Uncertainty
Blog / June 26, 2017
Facebook, Inc. (Facebook) recently lost a decision before the Supreme Court of Canada regarding the enforceability of the forum selection clause in its standard terms of use. Accordingly, organizations [...]
Relief as Private Right of Action Suspended Under Canada's Anti-Spam Law (CASL)
Blog / June 08, 2017
By way of an Order in Council dated June 2, 2017, the government of Canada has indefinitely delayed the coming into force of the private right of action under Canada's Anti-Spam Law (CASL). With respect [...]
Sébastien Gittens speaks at ANHIX 2017 Spring Symposium & AGM
Speaking Engagements / May 17, 2017
Sébastien Gittens presents "Tread carefully: The ever-evolving risks associated with collecting, using and disclosing health information" to the 2017 Spring Symposium & AGM of the Alberta Network for Health Information eXchange (ANHIX). For more information on the event, visit the ANHIX website.
Cybersecurity: 2017 Report & 2016 Reflections
Updates / February 08, 2017
In 2016, cybersecurity continued to grow as a primary business risk for companies worldwide. Data breaches continued to escalate both in number and magnitude and the landscape of legal and regulatory liability evolved and expanded. In this report, the Bennett Jones Cybersecurity team analyses the key events in 2016 with a view to those issues that should be front and centre for companies and their directors in 2017.
Canada's Anti-Spam Law: Is Your Business Ready for July 1st, 2017?
Blog / January 12, 2017
On July 1st, 2017, organizations communicating electronically under Canada's Anti-Spam Law ("CASL" or the "Act") will lose the benefit of the transitional provisions, and will become subject to the coming [...]
Establishing the Due Diligence Defence Under CASL
Blog / November 30, 2016
Despite being in force for over two years, many of the key provisions of Canada's Anti-Spam Legislation (“CASL” or the “Act”) remain shrouded in uncertainty. One such provision, [...]
Canadian Bar Association Privacy and Access Law Section (South) Presentation
Speaking Engagements / February 29, 2016
Sébastien Gittens presents "Personal Health Information - The Patient's Electronic File" to the Canadian bar Association's Privacy & Access Law Section (South).
Towards the Creation of IT Security Standards for the Alberta Oil and Gas Industry
Blog / February 19, 2016
In its first public report of 2016, the Office of the Auditor General of Alberta reviewed, among other things, IT security for industrial control systems used in Alberta's oil and gas industries (Report [...]
Canadian Anti-Spam Enforcement 2015: A Year in Review
Blog / January 08, 2016
Over the last year, the Canadian Radio-television and Telecommunications Commission (CRTC) has been active in its enforcement actions under Canada's Anti-Spam Legislation (CASL). As shown by the following [...]
Personal Health Information - The Patient's Electronic File
Articles / November 24, 2015
Information systems in the healthcare setting mature and become more widely integrated, and there is value in revisiting our understanding of record-keeping by healthcare professionals with respect to their patients. This involves understanding that (1) information is different from the media on which the information is stored or displayed, (2) healthcare delivery systems require the sharing of portions of that information for efficient and effective operations, (3) payors also need access to portions of that information, and (4) governments and very large provider organizations require the big data for epidemiologic and best practices analyses. Reproduced with permission of the publisher LexisNexis Canada Inc. from Electronic Healthcare Law Review, Vol. 5, No. 2, November 2015.
Privacy Commissioners Issue Joint Guidance on Bring Your Own Device Programs
Articles / October 01, 2015
An organization's information can be put at risk when staff begin to bring their own devices and use them in the workplace. As a result, in such cases, an organization should consider adopting an appropriate bring your own device (BYOD) program to seek to manage the risks inherent in such activity. Written by Martin P.J. Kratz, QC, Michael R. Whitt, QC, Stephen D. Burns, J. Sébastien A. Gittens and Graeme S. Harrison and published in Canadian Privacy Law Review.
Potential Privacy Breach Results in the Conditional Certification of a Class Action
Blog / August 24, 2015
On July 27, 2015, the Federal Court conditionally certified a class action with respect to an alleged privacy breach arising from the federal government's administration of the Marihuana Medical Access [...]
Privacy Commissioners Issue Joint Guidance on Bring Your Own Device Programs
Blog / August 18, 2015
An organization's information can be put at risk when staff begin to bring their own devices and use them in the workplace. As a result, in such cases, an organization should consider adopting an appropriate [...]
Digital Privacy Act Modernizes PIPEDA
Blog / June 22, 2015
On June 18, 2015, significant portions of the Digital Privacy Act received Royal Assent. This Act, amends the Personal Information Protection and Electronic Documents Act (PIPEDA), and brings important [...]
Mastering Corporate Transactions for Paralegals
Speaking Engagements / May 07, 2015
At the Mastering Corporate Transactions for Paralegals event by Federated Press in Calgary, Alberta, Sebastien A. Gittens co-chairs the program and presents “Effective Records Retention: Management, Storage and Destruction” on May 7, 2015.
Social Media & IP - Considerations for Your Practice
Speaking Engagements / April 23, 2015
Sébastien Gittens speaks at the Intellectual Property Institute of Canada program "Social Media & IP - Considerations for Your Practice".
CRTC Issues $48,000 Fine for Technical Violation of CASL
Blog / March 25, 2015
Following up on its recent $1.1MM CASL enforcement action against Quebec executive training firm Compu-Finder (which you can read about here), the CRTC announced today that it has entered into an undertaking [...]
CRTC Issues a $1.1 Million Penalty Under Canada's New Anti-Spam Legislation
Blog / March 06, 2015
On March 5, 2015, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that it had issued a penalty of $1.1 million to Compu-Finder under Canada's Anti-Spam Legislation (CASL). The [...]
Defending Enforcement Under CASL: Compliance with Informational Formalities
Blog / February 26, 2015
In 2014, the anti-spam provisions of Canada's Anti-Spam Legislation (CASL) came into force, creating a wide array of compliance requirements for businesses. CASL prohibits a person from sending or causing [...]
First Steps if You Receive a CASL Enforcement Notice
Blog / February 10, 2015
There have been a disappointing lack of publicly-reported enforcement actions under Canada's Anti-Spam Legislation (CASL) since it came into force in July 2014, in fact, to date there has only been one. [...]
CASL Software Provisions now in Force
Blog / January 16, 2015
The provisions of Canada's Anti-Spam Law (CASL) that regulate the installation of software came into force today, January 15, 2015. These provisions create new compliance burdens for businesses that create, [...]
CRTC Provides Guidance on CASL Software Provisions “ But Some Uncertainty Remains
Blog / November 12, 2014
From November 10 to 12, 2014, the CRTC provided its interpretation of the software provisions in Canada's anti-spam law (CASL) in several presentations to industry. The CRTC also posted a specific FAQ [...]
Inconsistency in Canada's Anti-Spam Law - When is "Java Scripts" not "JavaScript"?
Blog / November 12, 2014
Canada's anti-spam law (CASL) is complex and ambiguous, and can result in substantial liability (e.g., a maximum $1,000,000 fine for individuals and $10,000,000 for organizations). Accordingly, many organizations [...]
Last Minute Uncertainty for Registered Charities Under Canada's Anti-Spam Law
Blog / June 27, 2014
Canadian registered charities seeking to comply with Canada's new anti-spam law (CASL) recently received some disappointing news. CASL is a very complex law and many important issues remain ambiguous [...]
Email Marketing & Canada's New Anti-Spam Legislation
Speaking Engagements / June 10, 2014
Sébastien Gittens and Martin Kratz present with the Canadian Marketing Association, "Email Marketing & Canada's New Anti-Spam Legislation" at the Fairmont Palliser Hotel, Calgary, Alberta.
Anti-Spam Lunch Seminar in Edmonton
Speaking Engagements / May 22, 2014
Martin Kratz and Sebastien Gittens present a lunch seminar in Edmonton on how to adequately prepare for Canada's Anti-Spam Legislation which will become law July 1, 2014. Open the PDF to view the invitation and RSVP if you would like to attend.
Calgary Economic Development Energy Speaker Series Encore Session
Speaking Engagements / April 24, 2014
Calgary Economic Development in partnership with Bennett Jones LLP invites you to join us for a presentation on how to adequately prepare for Canada's Anti-Spam Legislation which will become law July 1, 2014. Failure to comply could result in severe penalties to your organization. Martin Kratz, QC, Sebastien Gittens and Graeme Harrison present. The presentation is in the Terrace View Room of the Global Business Centre beginning at 7:30 am.
Calgary Economic Development Energy Speaker Series
Speaking Engagements / April 10, 2014
Calgary Economic Development in partnership with Bennett Jones LLP invites you to join us for a presentation on how to adequately prepare for Canada's Anti-Spam Legislation which will become law July 1, 2014. Failure to comply could result in severe penalties to your organization. Martin Kratz, QC, Sebastien Gittens and Graeme Harrison present. The presentation is in the Terrace View Room of the Global Business Centre beginning at 8 am.
Crowdfunding and Other New Prospectus Exemptions Proposed by the Ontario Securities Commission
Updates / March 27, 2014
On March 20, 2014, the Ontario Securities Commission (OSC) published for public comment four new prospectus exemptions intended to facilitate capital raising while maintaining investor protection.
Confidential Information and Governments
Articles / March 04, 2014
Written by Stephen Burns, Todd Newhook and Sébastien Gittens and published in Volume 37, Number 1 of the Dalhousie Law Journal.
Petroleum Services Association of Canada Anti-Spam Presentation
Speaking Engagements / January 16, 2014
Martin Kratz, QC and Sebastien Gittens present, "Introduction to Anti-Spam Law," identifying compliance requirements for energy businesses under Canada's anti-spam law and identify actions companies can take to prepare for the coming into force of this law.
Introduction to Anti-Spam Law
Speaking Engagements / January 08, 2014
Martin Kratz, QC, Lisa Abe-Oldenburg and Sebastien Gittens present this seminar identifying compliance requirements for businesses under Canada's anti-spam law and identify actions companies can take to prepare for the coming into force of Canada's Anti-Spam Law.
Canada's Anti-Spam Law
Articles / January 01, 2014
Canada's Anti-Spam Law (2014), iBooks Store, Apple, written by Martin Kratz, Sebastien Gittens and Graeme Harrison
Canada's Anti-Spam Law to Come into Force on July 1, 2014 - Time to Get Ready!
Blog / December 04, 2013
On December 4, 2013, the Honourable James Moore, Minister of Industry announced that Canada's new anti-spam law (CASL) will come into force on July 1, 2014. Concurrent with this announcement, Industry [...]
Sébastien Gittens Profiled in The Calgary Law Review
In The News / November 29, 2013
In the Calgary Law Review, Sébastien Gittens academic and legal career is profiled. An associate at Bennett Jones, Sébastien has a general corporate commercial law practice that's focused on intellectual property transactions.
THECIS Innovation Club Presentation
Speaking Engagements / September 24, 2013
Martin Kratz, QC and Sebastien Gittens present the seminar, "Anti-Spam Legislation," identifying compliance requirements for businesses under Canada's anti-spam law.
Technology Licenses in the Context of a Licensor's Bankruptcy and Insolvency
Updates / June 24, 2013
Intellectual property rights are critical to various economic sectors. Many companies depend on licensed technology to operate and survive. The licensor-licensee relationship may deteriorate, especially if the licensor starts showing signs of distress or, even worse, becomes insolvent. Canadian legislation offers some clarity regarding each of the parties' rights and obligations in the event of a licensee's insolvency or bankruptcy. However, there is a significant degree of uncertainty with respect to what may happen to an intellectual property license in the event of a licensor's insolvency.
The Supreme Court of Canada Provides Guidance on Random Alcohol Testing
Blog / June 19, 2013
In Irving Pulp & Paper, Limited v. Communications, Energy and Paperworkers Union of Canada, Local 30, a decision released on June 14, 2013, the Supreme Court of Canada has confirmed the limited ability [...]
Bringing CASL into Focus
Updates / January 24, 2013
Industry Canada and the Canadian Radio-television and Telecommunications Commission (CRTC) have received numerous stakeholder submissions and inquiries in relation to Canada's Anti-Spam Legislation (CASL) and its two subordinate regulations, known as the Electronic Commerce Protection Regulations (ECPR). While the CRTC's ECPR have been in final form since March 28, 2012, Industry Canada has been receiving feedback through public comment and bilateral and multilateral stakeholder meetings since its original draft ECPR were published on July 9, 2011. Both Industry Canada and the CRTC have recently attempted to improve understanding of the new legislation: Industry Canada has incorporated stakeholder feedback into a new draft ECPR while the CRTC has released further information on the new legislation.
Anti-Spam Legislation chapter of Electronic Commerce Law
Articles / January 01, 2013
Anti-Spam Legislation chapter of Electronic Commerce Law, (loose leaf service) (2013) Carswell Legal Publications, Toronto, Canada, written by Martin Kratz and Sebastien Gittens
Electronic Commerce: A Practitioner's Guide
Updates / January 01, 2013
Martin Kratz, Q.C. and Sebastien Gittens contributed the "Anti-Spam Legislation" chapter, Electronic Commerce Law, loose leaf service by Carswell Legal Publications.
Canada Modernizes Copyright Legislation
Updates / November 12, 2012
Copyright reform in Canada has, after a decade of effort, finally moved towards implementation. On November 7, 2012, pursuant to an Order in Council, many provisions of the Copyright Modernization Act, SC 2012, c 20, came into force. Several other important provisions under the law, including the new Notice-and-Notice rules and provisions aimed at bringing Canada under the umbrella of two World Intellectual Property Organization (WIPO) treaties, will come into force at a later date.
Alberta Privacy Law Decision to be Reviewed by the Supreme Court of Canada
Updates / November 01, 2012
On October 25, 2012, the Supreme Court of Canada granted leave to appeal a decision of the Alberta Court of Appeal that narrowed the application of privacy laws in Alberta. In United Food and Commercial Workers, Local 401 v Alberta (Attorney General), 2012 ABCA 130, the Court of Appeal questioned the constitutionality of Alberta's Personal Information Protection Act (PIPA) and protections against the collection, use, and disclosure of personal information in the context of labour strike activities.
6th Essentials of Commercial Contracts Course
Speaking Engagements / October 11, 2012
Sebastien Gittens participated in Federated Press's 6th Essentials of Commercial Contracts Course.
Privacy and Freedom of Expression: A Difficult Balance
Articles / August 22, 2012
Just as privacy rights gain new footing by the Ontario Court of Appeal's decision to recognize the tort of “intrusion upon seclusion,” Alberta's highest court has taken an important turn by questioning the legitimacy of legislative protections against the collection, use, and disclosure of personal information in the context of a labour dispute. In United Food and Commercial Workers, Local 401 v. Alberta (Attorney General), the Alberta Court of Appeal declared that the Alberta Personal Information Protection Act unconstitutionally restricts labour unions from recording images of individuals as they cross picket lines. Although the Court chose not to strike or read down the legislation, the panel unanimously condemned the broad application of PIPA to activities engaging any form of protected free expression. This article introduces the United Food decision and offers a brief discussion of the Court's analysis and conclusions based on existing Charter jurisprudence. Until further consideration by the Supreme Court of Canada, this appellate decision is likely to garner active discussion and debate among privacy law practitioners and scholars alike. Written by Martin P.J. Kratz, Sebastien Gittens and Ciara Toole and published in the Canadian Privacy Law Review, Volume 9, Number 9.
Alberta Court of Appeal Balances Privacy Rights Against Freedom of Expression
Updates / July 10, 2012
On April 20, 2012, the Alberta Court of Appeal released its decision in United Food and Commercial Workers, Local 401 v Alberta (Attorney General) clarifying the treatment of the statutory privacy rights created by the Alberta Personal Information Protection Act vis-à-vis the right to free expression guaranteed by the Canadian Charter of Rights and Freedoms. In this decision, the Court held that a union's ability to, among other things, make and distribute recorded images of individuals crossing a picket line was protected as an expressive right under the Charter and trumped any such individuals' privacy rights under the Act. The Court, most notably, also held that the Act was unconstitutional, and that the protections afforded thereunder cannot be equated to being constitutional in nature.
CRTC Finalizes Electronic Commerce Protection Regulations
Updates / April 04, 2012
In anticipation of Canada's new anti-spam legislative regime (CASL) going into effect, draft regulations issued last fall by the Canadian Radio-television and Telecommunication Commission (CRTC) and Industry Canada faced many concerns raised by industry groups. As a result, these regulations were reconsidered.
Bennett Jones Anti-Spam Legislation Webinar
Speaking Engagements / March 05, 2012
Martin Kratz, QC and Sebastien Gittens present "Anti-Spam Legislation," updating on developments concerning Canada's anti-spam law.
Communicating with Clients in Light of Canada's New Anti-spam Legislation
Speaking Engagements / December 15, 2011
Martin Kratz, QC, Stephen Burns, and Sebastien Gittens present this webinar highlighting Canada's new anti-spam legislation which is expected to come into effect shortly. While this is an issue of which general counsel must be aware, it is imperative that marketing and communications teams understand what now constitutes spam, especially since fines for non-compliance may be as high as $10 million.
2nd Essentials of Commercial Contracts Course
Speaking Engagements / October 15, 2010
Stephen Burns and Sebastien Gittens co-lectured a 2nd Essentials of Commercial Contracts Course, " Drafting Rights, Obligations, Exclusion & Limitation Clauses."
Patenting Part-Human Chimeras, Transgenics and Stem Cells for Transplantation in the United States,
Articles / January 02, 2008
Hagen G., and Gittens SA, "Patenting Part-Human Chimeras, Transgenics and Stem Cells for Transplantation in the United States, Canada, and Europe," 14 Rich. J. L. & Tech. 11 (2008), http://law.richmond.edu/jolt/v14i4/article11.pdf.
Maxillary Sinus Floor Elevation Using Tissue Engineered Bone Complex with OsteoBone™ and bMSCs in Rabbits
Articles / January 01, 2008
Sun XJ, Zhang ZY, Wang SY, Gittens S, Jiang XQ, Chou and LL. "Maxillary sinus floor elevation using tissue engineered bone complex with OsteoBone™ and bMSCs in rabbits." Clin Oral Implants Res. (2008) 19(8): 804-813.
A Comparison of Mineral Affinity of Bisphosphonate-Protein Conjugates Constructed with Labile Disulfide and Stable Thither Linkages
Articles / January 01, 2005
Wright JEI, Gittens SA, Bansal G, Kitov PI, Sindrey D, Kucharski C, and Uludag H. "A Comparison of Mineral Affinity of Bisphosphonate-Protein Conjugates Constructed with Labile Disulfide and Stable Thither Linkages." Biomaterials, (2005) 27(5): 769-784.
Designing Proteins for Bone Targeting
Articles / January 01, 2005
Gittens SA, Bansal G, Zernicke RF and Uludag H. "Designing Proteins for Bone Targeting." Advanced Drug Delivery Review, (2005) 57(7): 1011-1036.
Imparting Mineral Affinity to Fetuin by Bisphosphonate Conjugation: A Comparison of Three Bisphospho
Articles / January 01, 2005
Gittens SA, Bansal G, Kucharski C, Borden M, and Uludag H. "Imparting Mineral Affinity to Fetuin by Bisphosphonate Conjugation: A Comparison of Three Bisphosphonate Conjugation Schemes." Molecular Pharmaceuticals, (2005) 2(5): 394-406.
Study of Tissue-engineered Bone with hBMP-4 Gene Modified Bone Marrow Stromal Cells in Repairing Man
Articles / January 01, 2005
Jiang X, Zhang Z, Gittens S, Chang Q, Chen C, and Zhang X. "The Study of Tissue-engineered Bone with hBMP-4 Gene Modified Bone Marrow Stromal Cells in Repairing Mandibular Defects of Rabbits." Chinese Medical Journal, (2005) 118(4): 281-288.
A Di(Bisphosphonic Acid) for Protein Coupling and Targeting to Bone
Articles / January 01, 2004
Bansal G, Gittens SA, Uludag H. "A Di(Bisphosphonic Acid) for Protein Coupling and Targeting to Bone." Journal of Pharmaceutical Sciences, 93 (11): 2788-2799.
Growth Factor Delivery for Bone Tissue Engineering: An Update
Articles / January 01, 2004
Varkey M, Gittens SA, Uludag H. "Growth Factor Delivery for Bone Tissue Engineering: An Update." Expert Opinion on Drug Delivery (2004) 1(1): 19-36.
Impact of Crosslinker Length on the Bone Mineral Affinity of Protein-Bisphosphonate Conjugates
Articles / January 01, 2004
Gittens SA, Kitov PI, Matyas JR, Löbenberg R, and Uludag H. "Impact of Crosslinker Length on the Bone Mineral Affinity of Protein-Bisphosphonate Conjugates." Pharmaceutical Research (2004) 21(4): 608- 616.
Imparting Bone Affinity to Osteogenic Proteins Through the Use of Heparin-Bisphosphonate Conjugates
Articles / January 01, 2004
Gittens SA, Matyas JR, Zernicke RF and Uludag H. "Imparting Bone Affinity to Osteogenic Proteins Through the Use of Heparin-Bisphosphonate Conjugates." Journal of Controlled Release, (2004) 98(2): 255- 268.
Systemic Bone Formation with Weekly PTH Administration in Ovariectomized Rats
Articles / January 01, 2004
Gittens SA, Wohl GR, Zernicke RF, Matyas JR, Morley P and Uludag H. "Systemic Bone Formation with Weekly PTH Administration in Ovariectomized Rats." Journal of Pharmacy and Pharmaceutical Sciences, (2004) 7(1): 27-37.