Blakes Weekly Digest - October 25, 2024
In this issue...
Blakes Canadian Cybersecurity Trends Study 2024
We invite you to?review the results?of our latest?Canadian Cybersecurity Trends Study?for unique data on the Canadian cyber landscape and valuable insights to help you with your cybersecurity-preparedness strategy.
For example:
Attackers accessed data in 98% of cases, up from 77% last year, 69% the year before and 52% three years ago. As attacks become more common, organizations should be aware of their legal obligations when personally identifiable information accessed without authorization risks causing significant harm.
Our Cybersecurity group is one of the largest in the country, with a cross-office multidisciplinary team of lawyers who have technology, regulatory, privacy, employment, financial services, crisis management and litigation expertise. We are well-positioned to assist clients with all aspects of cybersecurity law, from pre-breach preparation activities to litigation stemming from cybersecurity incidents.
If you have any questions, please do not hesitate to contact your usual Blakes contact or any member of the?Cybersecurity?group.
Ontario Court Overturns Dismissal of Youth-Led Constitutional Challenge to Climate Change Policy
In Mathur et al. v. His Majesty the King in Right of Ontario, the Ontario Court of Appeal issued an important decision affirming that Ontario’s climate change policy may face constitutional challenges. The court overturned the Ontario Superior Court’s dismissal of the case and ordered it to be brought back before the Superior Court. A group of seven youth activists brought the case, arguing that Ontario’s greenhouse-gas-emission reduction targets are not aligned with international science-based targets and violate the applicants’ section 7 and 15 Charter rights.
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Ontario Finalizes Regulations for Target Benefit Plan Framework
The Ontario government has filed regulations under the Pension Benefits Act to implement a new, permanent target benefit pension plan framework. This type of pension plan aims to offer members a monthly income stream in retirement at a predictable cost for employers. The finalized regulations, which include both new and amended regulations, will take effect on January 1, 2025.
The Broader Context: Key Takeaways From the SCC Rulings in Aquino and Golden Oaks?
Linc Rogers, Caitlin McIntyre and Anna Welch (Articling Student)
The Supreme Court of Canada’s rulings in Aquino and Golden Oaks mark a pivotal moment in insolvency law, reaffirming a flexible approach to corporate attribution when dealing with fraudulent actions by company leaders. This preference for flexibility over rigid adherence to predetermined rules allows the law to evolve in response to complex, fact-specific scenarios.
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