Publications
Access to Digital Assets, Final Report 121
More than ever, people are storing their important personal information and other digital property online within the servers of large American companies such as Google, Facebook, and Apple. These “digital assets” can be anything from precious family photos and records to sensitive financial and legal information. What Canadians don’t realize is that outdated laws govern who can access those assets after the owner dies or loses capacity. Even with all the necessary documents proving a […]
| AREA OF LAW | Wills and Succession |
| TAGS | web, website, domain, crypto, bitcoin, gaming, account, instagram, music, license, itunes, art, nft, cloud, custodian, social media, email, digital, google, facebook, apple, photo, ownership, user, income, access, asset, estate, fiduciary, media, succession, will |
| FORMAT | Publications |
| FILE | FR121.pdf |
March 26, 2024
Corporate Directors’ Liability, Research Paper 17
This paper addresses the question of the standard of care required from the directors of corporations. At the time of publication, there were different commonlaw rules about Corporate Directors’ Liability in different jurisdictions: that in Alberta being that “a director is not expected to exhibit ‘a greater degree of skill than may [reasonably] be expected from a person of his [sic] knowledge and experience’”; that in Delaware being much higher, that in Indiana being lower; […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | business judgement, breach, corporation, director, duty of care, fiduciary, liability |
| FORMAT | Publications |
| FILE | RPNo.17.pdf |
February 3, 1989
Trade Secrets, Final Report 46
The legal protection of trade secrets is a desirable objective for the law to pursue and requires improvement through the implementation of new civil and criminal law measures. This report recommends the creation of two new statutory torts to protect the plaintiff who is without an agreement that is governed by the general law of contract. The first tort is aimed at industrial espionage in relation to trade secrets and would make the acquisition of […]
| AREA OF LAW | Property |
| TAGS | confidence, disclosure, fiduciary, freedom, patent, privacy, tort, trade secret |
| FORMAT | Publications |
| FILE | fr046.pdf |
| ENACTMENT |
Draft statute adopted by Uniform Law Conference of Canada, Victoria, BC, August 1987. |
July 1, 1986