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Category Archives: Due Diligence

Preventative Maintenance and Documentary Disclosure

When an individual or any organization becomes involved in a dispute or a potential dispute, it is important to remember that all relevant evidence needs to be preserved.  Under Court rules, both sides have an obligation to disclose all relevant documents to the other.  “Documents” are defined very broadly and include any information recorded or stored by [...]

Expansions of the Concept of Latent Defects in Residential Real Estate Transactions

A purchaser of residential real estate closes the transaction, moves in and then subsequently discovers that there is a convicted pedophile living across the street.  The new purchaser has a young family living with him.  Is the existence of the neighbouring pedophile a “latent defect” under real estate contract law sufficient to enable the purchaser [...]

PERSONAL PROPERTY SECURITY ACT REGULATIONS

When taking security from a general (as opposed to a limited) partnership, the creditor must list as debtors in its financing statement both the partnership name plus the names of each of the partners of the partnership. This can cause difficulties when the partnership in question comprises many partners. For an expansion on these problems, [...]

Choose Your Words Carefully!

  Remember that email exchange you had with an individual a year ago? Now that you are in litigation with that individual, the email may be relevant. The Manitoba Court of Queen’s Bench Rules require that any and all relevant documents must be produced in the course of litigation and the term documents includes more [...]

The case against Big Brother at work

Here’s a good article in the Globe & Mail’s Report on Business about the thorny issue of workplace monitoring. As I’m quoted by the Globe & Mail, “I recognize employers have risks and obligations to manage data, but on the other hand going to a more Big Brother approach isn’t the answer. And the privacy [...]

How safe is your scan? Hard drives on copy machines pose risk

Does your office have a copy machine? If so, then this post is worth reading.  CBC news has just released the results of an investigation that exposes the security risks associated with modern copy machines, specifically, the ease at which information scanned into certain copiers can be tapped. Just think about the information that gets scanned into [...]

“Digital footprints”: What’s being left behind in the electronic world?

(Previously published on Brian Bowman – On the Cutting Edge on April 15, 2009) Businesses are increasingly being asked to reduce their “carbon footprint”. And while many customers are interested in doing business with organizations that are trying to reduce their carbon footprint, many customers are also concerned about their own “digital footprints“. The Discovery [...]

58% of employees prepared to illegally download company/competitive data

 (Previously published on Brian Bowman – On the Cutting Edge on November 28, 2009) According to a Cyber-Ark survey entitled “The Global Recession and its effect on Work Ethics” (link below), 58% of U.S. employees surveyed said that if they thought their job was at risk they would, as a pre-emptive move, be prepared to [...]