The McGill Law Journal Podcast (Private Law)
All Episodes McGill Law Journal

In 2021, the Ontario Superior Court developed a new tort of online harassment. The tort was fashioned to respond to the outrageous conduct of the defendant, who incessantly posted malicious and defamatory falsehoods about the plaintiffs across various online platforms. But was the creation of a new tort necessary? And will it provide an effective solution for other victims of cyberbullying or internet harassment? Our guest is Iris Fischer, co-head of the Toronto Litigation Group at Blake, Cassels & Graydon LLP.

Music by Alexander Shamaluev and IvyMusic from Pixabay.

Direct download: CaplanvAtas_V4.mp3
Category:Private Law -- posted at: 1:00am EDT

The city of Toronto is currently working with a private company to develop a “smart city”—a neighbourhood that incorporates the collection of big data into its urban design. Since its inception, the project has inspired debate about how data generated by the public/private partnerships ought to be used. In this podcast, we consider the implications of some of these questions, and ask who should own the data and intellectual property generated from projects that rely on both public and private investment. We will hear from Teresa Scassa, Canada Research Chair in information, law and policy at the University of Ottawa, and Natalie Raffoul, an IP lawyer called to the bar in Ontario with a practice that focuses on procurement, licensing, and other IP issues. This podcast is produced by Andrea Salguero and Adam Casey, editors for volume 64 of the McGill Law Journal.

Direct download: MLJ_Smart_Cities.mp3
Category:Private Law -- posted at: 9:12am EDT

This is the second of a two-part podcast on revenge porn, tort law and privacy. Does Ontario's tort of public disclosure of private facts, recently recognised in Doe 464533 v ND, extend to content-hosting websites or anonymous users? How much should victims of revenge porn be compensated? What is the role of tort law in protecting fundamental freedoms, particularly as they relate to women’s rights?

We spoke with internet lawyer Allen Mendelsohn, civil liberties expert Cara Zwibel and comparative legal scholar Giorgio Resta to tackle this complex issue.

Direct download: Jane_Doe_P2V3_v2_mixed.mp3
Category:Private Law -- posted at: 5:00pm EDT

Voltage, a US film producer and distributor, is using a controversial legal procedure to go after illegal downloading. We talk to Allen Mendelsohn, internet law expert, David Fewer, Director of CIPPIC, and Voltage's lawyer, John Philpott, about how this will impact Canadian Internet users.

Direct download: MLJCast_29_-_Voltage.mp3
Category:Private Law -- posted at: 10:26am EDT

Dans cet épisode, Eloïse Gagné rencontre l’ancienne juge de la Cour Suprême, Marie Deschamps, et le Professeur Frédéric Bachand de l’Université de McGill, afin de discuter des réformes du Code de procédure civile du Québec et de ses impacts sur l’accessibilité à la justice.

Direct download: Bachand_Deschamps_EDIT_2.mp3
Category:Private Law -- posted at: 3:52pm EDT

It is commonly accepted that the law must punish those who act badly towards others. But can it require us to be good? This interview with Professor Emeritus Pierre-Gabriel Jobin examines the traditional and emerging civil and common law positions on so-called Good Samaritan laws, as well as the theoretical assumptions that may have contributed [...]

Direct download: P120515MLJJobin.mp3
Category:Private Law -- posted at: 4:24pm EDT