In 2023, Dentons Canada lawyers produced over 240 pieces of thought leadership on key legal updates and developments of interest to domestic and global organizations operating in Canada. As the year draws to a close, we present to you the top 10 most read publications of the year.

1. Court accepts 👍 emoji as electronic signature

Kirsten Thompson analyzes a Canadian court decision on the use of a 👍 (thumbs up) emoji as a valid electronic signature, satisfying the requirements of the Sale of Goods Act and making a contract enforceable. Read more here.

2. Dark times for “Dark Patterns”? Epic Games settles over unauthorized micro-transactions and user interface trickery (sort of)

Regulatory agencies appear to be monitoring gaming, and government prosecutors may be alive to the industry’s intricacies. Josh Dial, Changhai Zhu, Joshua Mamdani, Riley Bender, Tina Shaygan, Gabriel Simons, and Brenden Roberts describe a ruling by the FTC and discuss developments and impacts on the gaming industry. Read more here.

3. Key legal considerations with generative AI

The term “generative AI,” has been used to describe programs that have the ability to create entirely new content rather than analyze something that already exists. In part one of our "Key legal considerations with generative AI" series, Bob Tarantino and Noah Walters discuss copyright law and critical questions of ownership and authorship over AI-generated content. Read more here.

4. Next steps for Bill C-11, An Act to amend the Broadcasting Act

Margot Patterson examines Bill C-11, An Act to amend the Broadcasting Act, which clarifies that the Broadcasting Act applies to online streaming and on-demand services. Read more here.

5. Telling secrets, getting vaccinated and abuse of process: A summary of recent human rights case law

The Human Rights Tribunal of Ontario issued a few notable decisions over summer 2023 concerning the contravention of settlements, COVID-19 vaccinations and the enforceability of a full and final release. Fatimah Khan shares key takeaways for employers. Read more here.

6. Generating information with AI may be considered a collection of personal information under privacy law

Québec’s privacy regulator, the Commission d’accès à l’information (CAI), concluded that the generation of predictive models via algorithmic technology can be considered a collection of personal information under Québec’s Act Respecting Access To Documents Held By Public Bodies And The Protection Of Personal Information. Luca Lucarini and Sasha Coutu discuss the CAI’s findings and outline key insights. Read more here.

7. Ontario court addresses enforceability of termination provision in Director’s employment contract

The Ontario Superior Court of Justice awarded a plaintiff employee six months of reasonable notice after determining that the termination provisions in his employment agreement were void. Fatimah Khan analyzes a case that serves as a reminder for employers to review their employment contracts to ensure that the contractual termination provisions comply with the Employment Standards Act. Read more here.

8. Time theft and employer privacy considerations

Eleni Kassaris and Victoria Merritt discuss key privacy principles, time theft and how employers have a right to manage their workplace, but they must do so in compliance with applicable privacy laws. Read more here.

9. An occupational health and safety update: What employers need to know in July 2023

The Ontario government introduced changes to occupational health and safety law that came into effect this summer. Adrian Miedema and Emily Kroboth discuss the various Working for Workers Act(s), as well as a number of campaigns and directives. Read more here.

10. Obligations of an employer in Alberta and upcoming legislative changes

Cristina Wendel and Jenny Wang discuss how Alberta employers should consider reviewing their employment policies in light of legislative amendments and significant changes that occurred over the course of the pandemic. Read more here.

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