Loss of Legal Privilege over Cyberattack Investigation Report

Further details on the outcome of that motion will be posted here as soon as they are available. On November 14, 2016, Charney Lawyers PC and Sutts, Strosberg LLP commenced a national class action on behalf of Casino Rama employees , customers and vendors for damages arising from the privacy breach. The plaintiffs also seek damages on behalf of members of the OLG’s Self-Exclusion Program whose personal information was provided to Casino Rama by the OLG. June 6, 2018 – The plaintiffs recently successfully argued a motion to compel the defendants to produce an investigation report authored by Mandiant, a third party cybersecurity company. Mandiant was hired by Casino Rama to investigate the breach immediately after it occurred, and produced a report on its findings. Casino Rama claimed privilege over the Mandiant report, but Justice Glustein ruled that privilege had been waived and ordered the production of relevant portions of the report. The development work involves significant real estate transactions, major financing, construction, Crown issues related to public-private partnerships and even aboriginal issues where First Nations are involved. And Goldlist’s practice has taken on a national dimension as his experience acting for Ontario makes him attractive to private sector participants negotiating with other provincial governments. By all accounts, casinos appeared an appropriate economic development mechanism capable of effectively countering endemic impoverishment. According to the Harvard Project on American Indian Economic Development (est. 1987), First Nations were engaged in nation building, or in a policy of legitimate self-rule. Based on its research, the Harvard Project determined that legitimate self-governance demanded that First Nations’ leaders take control of their communities by controlling the decision-making process related to economic development. Control over local decision making would permit First Nations to benefit from good policy decisions while suffering the consequences of bad policy decisions. For insurance professionals, adjusting cyber insurance claims is challenging, and without much precedent. The cost to repair and address a breach can be hugely expensive and may impact the financial sustainability of a company / insured. Decisions made as to whether to extend insurance coverage for all / some of the claim, or deny outright any indemnification whatsoever, are often not clear. Insurers are often working with imperfect information, without precedent, and in tight timeframes. The threat of a lawsuit for coverage and potentially bad faith is always a factor in the forefront of an insurer’s mindset. Insurers and companies need to take a close review of cyber insurance policies as these are not the same standard proforma CGL policies that have existed for hundreds of years. In general, these policies cover for the cost of restoring data compromised from a breach, payment for cyber response teams , breach notification, indemnification to address reputation harm, and coverage as a result of a lawsuit from an affected third party. It is imperative to determine whether the breach occurred during the life of the policy and to what extent the policy has a retroactive date. Indeed, many breaches occur anywhere from days to years before they are discovered and this may impact whether there is insurance coverage at all. The popularity of cyber insurance policies has grown in direct proportion to the growth in cyber-attacks in that specific industry. After Target was attacked in 2013 retailers started to purchase coverage to protect their point of sale credit card processing devices. The breach of Sony in 2014 led to big tech firms taking notice and the 2017 global WannaCry ransomware threat increased public awareness of cyber-security. It is suspected that the recent breach of Equifax will result in companies realizing that no one is safe from an attack. The global market for stand-alone cyber coverage is estimated to have grown to between US 2.5 billion and US 3.5 billion annually. The Statement of Claim pleaded that Ignition Studio negligently allowed one or more hackers to access Alpine Bank’s website through lax Internet security on the server where the website was hosted. Because of Ignition Studio’s negligence, Alpine Bank had to expend substantial funds to comply with its data breach obligations. Alpine Bank made an insurance claim to Travelers Insurance for the losses, which Traveler paid. Cybersecurity is an area that requires a multi-disciplinary approach, with input from a variety of experts. Therefore, a cyber audit will necessarily involve an evaluation of an organization’s information technology systems, but must also include consideration of applicable legal and regulatory requirements as well as options to reduce or mitigate risks . Although this will require an initial investment of time and resources, organizations that fail to actively address cyber risk may be exposed to serious reputational, financial and legal repercussions if and when a data breach occurs. The above is just a sampling of the class actions that have been filed following employee “snooping” or other misconduct. The extent to which courts will hold organizations vicariously liable for this type of employee misconduct is still unsettled law in Canada. Although none of these class actions have yet been decided on their merits, it is clear that plaintiffs are seeking to hold organizations accountable for mistakes made by employees. Lawsuits involving data breaches also include more traditional allegations, such as claims of negligence, breach of contract and statutory breach (e.g., breach of consumer protection legislation). According to the Court, a central rationale for the recognition of this new cause of action was the unprecedented power of organizations to capture and store vast amounts of personal information using modern technology. Highly sensitive personal information can now be accessed and collated with relative ease, including financial and health information as well as data related to individuals’ whereabouts, communications, shopping habits and more. The Court found that the common law must evolve in response to the modern technological environment.

  • In a legal landscape where even the most diligent businesses cannot be certain of how liability may arise, preparedness becomes critical.
  • Indeed, international opinion and jurisprudence seems to be lining up against the Americans and others seeking to prohibit free markets in the gaming industry.
  • The foregoing provides only an overview and does not constitute legal advice.
  • When a user learns their computer is locked, the perpetrator will demand payment to unlock files and allegedly allow consumers to regain access.
  • At no time do public documents suggest this was a consideration of the Enoch First Nation prior to opening the River Cree Casino and Resort, for example.

Investigators with the ministry discovered that the parking lot where the workers fell was covered in ice and snow and was very slippery. Surveillance footage also showed that seven other people had fallen in the parking lot earlier the same day. Located on Rama First Nation, the casino opened 20 years ago and is Ontario’s only First Nations commercial gaming house. CHCH-TV started broadcasting in 1954 and is proud to be the news leader for Hamilton and the surrounding Halton and Niagara regions. With a primetime line-up anchored by movies, news magazine shows, and hit dramas, CHCH is available to over 92% of Ontario households and is viewed by millions nationally each week. CHCH News is produced daily out of its broadcast studio located in Hamilton, Ontario. They announced plans for a lawsuit that would seek $50 million in damages from Casino Rama, north of Toronto, and began asking possible victims to sign on. The court also imposed a 25 per cent victim surcharge to go toward a provincial fund to assist victims of crime. Lawyers representing a group of plaintiffs and Casino Rama squared off in Toronto on Thursday. In all, the hacker published about 4.5 gigabytes of information, or 14,000 files, while threatening to release a further 150 gigabytes of data. We need this to enable us to match you with other users from the same organisation. It is also part of the information that we share to our content providers (“Contributors”) who contribute Content for free for your use. Increasingly, people and their assets have connections to several jurisdictions, rather than just one as in times past. On several occasions over the course of my years participating in mediations both as counsel and as mediator, I have come across a number of lawyers who clearly have no interest in settlement. I’m interested in the status of this claim as I received a notification as an employee of Rama. The ruling on how much the plaintiffs owe the defendants was released June 6.

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The Ontario Superior Court of Justice has denied certification of the proposed class in a breach of privacy class action, which arose out of a cyber-attack against Casino Rama in November 2016. Justice Belobaba held that “the certification collapses in its entirety” as a result of the absence of commonality between the proposed class members, in accordance with s.5 Class Proceedings Act. Going forward, organizations should anticipate that regulators or plaintiff’s counsel may seek disclosure of investigation reports and challenge any privilege claimed over them. This includes working with legal counsel to establish an incident response plan and strategy for preserving privilege, over forensic investigation reports and generally. Ensuring that counsel are involved, and that expert mandates are properly structured to prevent loss of the privilege that attaches to them, is likely to become increasingly important. In SetoguchiUber B.V., the Alberta Court of Queen’s Bench took heed of its gatekeeper role and the culture shift away from certifying de minimus claims, and declined to certify a class action arising out of a data breach. There was no evidence class members had suffered harm or loss — indeed, there was positive evidence that no class member had. And even if some class members had suffered a loss, a multitude of individual hearings would be required to establish causation and damages, making a class proceeding inappropriate. For the time being, the plaintiffs – Leonid Kaplan and Cheryl Mizzi – are trying to sue Casino Rama over the hacker attack suffered by the venue in 2016. Still, no allegations against the casino have been proven in court, with both Mr. Kaplan and Ms. Mizzi having asked the Ontario Supreme Court of Justice to order the casino to provide them with the documents related to the breach investigation. An Ontario-based casino which has been facing a class-action lawsuit would have to hand over a computer forensics investigation report to the plaintiffs under a court’s ruling. Cyber incident response activities often involve the creation of forensic investigation reports that might be protected by legal privilege, depending on the purpose of the reports and the circumstances surrounding their creation and use. The 2018 Ontario Superior Court decision in Kaplan v. Casino Rama Services illustrates how an organization can lose the right to assert legal privilege over a cyber incident investigation report. A $50 million class action lawsuit is being planned against an Ontario casino after it was targeted in an alleged cyberattack that resulted in the theft of confidential customer information. First and foremost, the appropriate rights of action for a breach of privacy in Canada is an issue that is still largely unsettled. Kaplan is an example of a court leaving open a new way of holding businesses accountable for failing to protect personal data of consumers. The second point is that the Court appears to be of the view that uncertainty in the space does not prevent findings of liability. Even if Casino Rama had done a survey of the legal landscape as it was prior to Kaplan, it likely would not have considered liability for intrusion upon seclusion as a risk it should prepare for. “The class action will be commenced on behalf of employees, customers and vendors of the Casino Rama Resort whose confidential information was compromised by the privacy breach,” the lawyers said. However, a lawyer for Casino Rama countered that, at most, 10,000 to 11,000 people were victimized and the plaintiffs’ definition of who should be included in the proposed class action was far too broad. In class action lawsuits, representative plaintiffs propose to the court a description of the “class” of plaintiffs who should be awarded damages. Last April CIBC World Markets, for example, hosted a Toronto conference on online gaming companies.

  • Casino Rama was the victim of a cyber-attack in November 2016 when a team of hackers took control of the Casino’s internal systems and stole information relating to employees, suppliers and customers.
  • Monopoly Slingo combines elements of bingo, and then spin the wheel to add to the prize amount.
  • The British Columbia Court of Appeal’s decision upholding the certification of the class action in Tucci v Peoples Trust Company is the most recent example in a long list of certified privacy class actions.
  • The suit alleges the resort “delayed notifying” class members and police of the theft almost a week after it first learned about the hack.

MLT Aikins’ privacy team has assisted a number of organizations in preparing for and dealing with privacy and data security breaches, including by developing, updating, and implementing appropriate privacy compliance programs. We can help your organization ensure it is appropriately prepared for and appropriately responds to such breaches in accordance with legal requirements and best practices. Class-action lawyers have launched a $50 million lawsuit one day after Casino Rama announced it was the victim of a cyberattack. The casino said it had “recently” discovered it was the victim of a cyberattack that resulted in the large-scale data theft. A decision on whether to go ahead with a class-action lawsuit stemming from the 2016 cyber-attack on Casino Rama could come in a few weeks. Ted Charney, a lawyer for the plaintiffs, said as many as 200,000 people may have had their personal information stolen in a hack on servers at the casino east of Orillia. Anyone who received a notice of the privacy breach from Casino Rama or who believes their private information may have been compromised is urged to immediately notify their banks and credit card companies and to monitor their accounts for suspicious activities. Affected individuals may also contact a credit bureau such as TransUnion Canada or Equifax to determine whether there have been any unauthorized transactions on their accounts to explore options to purchase credit protection services. A number of security measures required by legislation were not implemented at the time of the cyber attack. Skadden, Arps, Slate, Meagher & Flom LLP in New York has warned US investment banks to avoid financing online gaming flotations for fear of being charged with aiding and abetting illegal transactions. This could create a problem for Canadian banks, many of whom have a presence in the United States. The IPO, which valued the company at $10 billion—making PartyGaming one of the United Kingdom’s 100 largest companies and larger than British Airways—raised $2.2 billion. PartyGaming, which historically operated the online sites Partypoker.com, Partybingo.com and Partycasino.com (largely from servers run by Mohawk Internet Technologies on the Kahnawake reserve south of Montreal), reported a 2004 revenue of $700 million and profits of $350 million. “Casino Rama cash cow is sacred and off-limits to provincial auditors.” Whitehorse Star , p. 16. PIPEDA was recently amended to require that organizations notify the Office of the Privacy Commissioner of Canada (“OPC”) if a cyber breach occurred that poses a “real risk of significant harm” to the affected individuals and keep a record of all breaches. There is teeth to this amendment as knowingly failing to report or record a breach will be an offence punishable by fines of up to $100,000. The cost involved for a company to respond to a breach is much more significant than the ransom paid to get access to one’s computer again. As per the Canadian Chamber of Commerce, the average cost to respond to a breach is $6.03 million, the average cost per record is $258, and the average number of records breached is 20,456. Based on these figures, if you are an owner of a small to medium-sized business who suffers a cyber breach of 4000 sensitive records, the cost to address this breach would be $1,032,000. Most businesses have not accounted for such an expense and would have a hard time paying for same. What is even further concerning is that the cyber-predator need not be a criminal technological genius anymore. Cybercrime has become commoditized as customized ransomware, , is often available for purchase or even made available for free. As such, the business of cyber-crime has exploded as it has allowed individuals with little to no experience in coding to make a living extorting companies for profit. Hackers range from nation states, terrorist groups, organized crime, amateurs, journalists, disaffected current/ former employees, to just about anyone. Ransomware is one of the more popular and exponentially growing forms of attack used by cyber-predators. This is a type of malware that locks and denies access to victim computers, digital files and systems once encrypted. When a user learns their computer is locked, the perpetrator will demand payment to unlock files and allegedly allow consumers to regain access. Once the virus is installed, a pop-up will advise the user that payment is required to obtain a ‘private key’, which if not paid, will result in the encrypted files being deleted. The user is given approximately 24 to 72 hours to pay before the private key is destroyed and the files are lost forever. Payment of ransom is mostly by way of anonymous cryptocurrency and can range in the thousands of dollars depending on the size of the company. For example, it was recently revealed that Uber paid $100,000 in ransomware, the University of Calgary paid $20,000, and an undisclosed Canadian company paid $425,000 in July 2017 in order to restore its computer systems. Canada is a hotbed for ransomware as only three countries in the world have been hit more times than us .

Canadians look to Super Bowl LI Prop Bets

In the summer of 2005 PartyGaming plc, an online gaming pioneer, went public on the London Stock Exchange. Dresdner Kleinwort Wasserstein Limited underwrote the offering, providing market legitimacy from the outset. Ontario, with profits of $2.1 billion, and Alberta, with $1.1 billion, are two of the big winners. Yet Ontario’s Liberal government recently announced a freeze on the industry and Alberta—where gambling generates 5.1 per cent of provincial revenues, the second highest proportion in the country—has capped the number of video lottery terminals the province will allow. None of this has dampened the enthusiasm of capital markets for gambling stocks. SIGA has also ranked consistently as one of the top fifty most profitable companies in Saskatchewan, claiming twenty-seven consecutive quarters of growth/rising revenues. It also won the Saskatchewan Business Magazine Business of the Year award in 2007. In Nova Scotia the combined VLT revenues and the annual contribution from the Sydney Casino have pocketed provincial First Nations nearly the same total during the same time period ($184,643,355) . The Saskatchewan Indian Gaming Authority opened four casinos in 1996 which at the end of 2008 expanded to six operations. In that time the four casinos have grossed over $900 million in gambling revenues while producing net profits of $281 million. Close to two-thirds of this amount ($185,328,953) have been generated in the last five fiscal years . Soon, it will have a 5,000-seat theatre, presumably featuring acts that appeal to casino clientele. The OLG wants your money and the government agency gets it by attracting people to the casino and keeping them there for long periods. Sunny Handa offers cyber preparedness takeaways and explains that organizations need to treat cybersecurity as an enterprise risk rather than an IT issue. There is also the Search for the Phoenix offer, earlier than you determine to decide on an internet casino. Surf casino mobile and download app the addictive wagering process saps the good that a decent salary can afford, but the set of gameplay options is not limited to standard combinations. Turn your fortune slot machine they’re designed to favor the house, and most tournaments offer prizes to every player in a predetermined number of places. Many people collect to relive the gameplay without the loss or simply to be reminded of the old gambling days, but we don’t always get them. The statement of claim — which argues the separation was not performed as outlined within the agreement — has yet to be tested in court. Enbridge moved Wednesday to shift to federal court a Michigan lawsuit seeking shutdown of an… While ultimately the parties settled a few months after the claim was filed, this case provides important guidance on the shape that cyber subrogation claims will take.

So much so that Lazarus—who has no shortage of important non-gaming clients—has just finished a term as the first Canadian president of the International Association of Gaming Attorneys. By contrast John Tuzyk at Blake, Cassels & Graydon has represented the private sector from the outset. He was first retained by three American gaming giants—Hilton Hotels Corporation, Caesar’s World Inc. and Circus Circus Enterprises Inc.—who banded together to win the operating contract for the Windsor interim casino in 1992. “I’ve been outside general counsel for the Windsor casino every since,” Tuzyk notes. He also represents the American operators of Niagara’s Fallsview Casino Resort and Casino Niagara. But the United Kingdom became the first to do so with the passage of The Gambling Act 2005. Less than 5 per cent of this amount, or $10 billion, passes through transactions on the Internet, an untapped frontier that embraces not only computers but cellphones, BlackBerrys, PDAs and interactive television. According to a report prepared in early 2005 by Robert Winslow, an analyst with Wellington West Capital Markets, a $10,000 investment in TSX-listed gaming stocks in January 2004 would have returned nearly $23,000, or 127 per cent. Had the investor put his or her money into e-gaming stocks they would have earned $35,529, or 255 per cent. Among the top-performing stocks were Great Canadian Gaming Corporation, Chartwell Technology Inc. and CryptoLogic Inc. I was recently informed that the Federation of Saskatchewan Indian Nations expanded the First Nations Addictions Rehabilitation Foundation research mandate with the intent of approving provincial and regional prevalence studies and a larger socioeconomic gambling impact study. A priority dispute between Wawanesa, Northbridge and Allstate arose following the death of an insured truck driver. The truck driver had a policy of insurance on his personal vehicle and a policy of insurance on his work truck . I’m vaguely aware the economics of running a casino theatre are different than those for a regular theatre. And, yes, it has a couple of casinos, which provide entertainment of sorts for a particular kind of crowd. Alantic city casinos игровой зал онлайн bitcoin казино вулкан играть бесплатно и без регистрации, place a bet.

Toronto Star Newspapers Ltd.

The prevalence of cyber-predators unleashing new and comprehensive hacks that infiltrate a company’s network grows seemingly unabated. Front page news stories reveal that reputable billion-dollar organizations have fallen victim to cyber-attacks and that our personal information may be in the hands of unsavoury characters. The question is not “if” a company will be subject to a cyber-attack but rather “when”. Other topics you may wish to talk to our lawyers about include, but are not limited to, M&A, financial services, technology, private equity, pension funds, infrastructureand complex litigation. Nyon is willing to share proprietary data, engineered drawings, storage, construction proposals, reports and studies with prospective partners and investors, on a strictly confidential basis. To receive access to Nyon’s data room, please complete the form by clicking the “Request Information” button below.

casino rama lawsuit

With 90years of litigation experience, we are one of the most consistently recommended law firms in Ontario. In the vast majority of employment law cases it is clear whether the employee resigned or was fired. The CBA supports professional excellence among the legal community through our many engaging and expert publications. Given the concerns expressed by the Courts in these two relatively recent cases, there is a real possibility that additional torts may be recognized by Canadian courts going-forward, to respond to particular fact patterns involving privacy breaches. Currently only Alberta, British Columbia and Quebec have substantially similar legislation. Such provincial legislation is applicable in place of PIPEDA within the relevant province, and contains implicit or explicit accountability and security obligations similar to the PIPEDA obligations outlined below . The end for the Atherley Arms came in 2010, in the wake of a $3 million dollar judgement against the owners the previous year, the result of a wrongful death lawsuit filed in the wake of the death of dentist Dr. David Dumenucu, outside the Atherley Arms Tavern on 16 July 2004. He received 1st class Honours in Year 1 and 2 and consistently had the highest distinction average in Law with a cumulative GPA of 4.0. He was voted Vice-Chairman of the London Mansfield Law Society and Senior Counsel Mooting Champion in the LLB London Final. However, in his reasons the trial judge treated the minutes as “of assistance, but not dispositive” in coming to his determination on a particular issue. The Court of Appeal found that the judge had clearly taken the minutes into account and, based on the other evidence and proof available to him, he was entitled to treat the minutes as he did. When judges describe your appeal as an “all-out onslaught” and characterizes it as a “scorched earth attack,” it does not generally bode well for your chances. Indeed, the ONCA rejected all of MFN’s grounds of appeal in a judgment that was at times tersely worded. The SSP took the form of an independent Selection Panel applying a set of criteria to decide which First Nation would host the casino. MFN was eventually selected to host the casino, and through a series of meetings, it reached an agreement with the other Chiefs of Ontario that it would receive 35% of the casino’s net revenues for a five-year period, through to 2002. In 2001, MFN asked for a new agreement that would renew its entitlement to a 35% share. The other Chiefs disagreed, and instead passed a resolution stating that all net revenues would be shared equally among all First Nations in the province. Casino Rama is located on the Chippewas of Mnjikaning First Nation , now referred to as the Chippewas of Rama First Nation. (However, since the Court refers to the nation as MFN throughout its reasons, I will do the same in this post.) The casino was set up as a pilot project, with the intention that the revenues generated from its operation be shared among all First Nations in Ontario. To decide where the casino would be located, the Ontario Government, in consultation with the 135 First Nations in the province, set up a Site Selection Process . This is our Code of Conduct for any posting or activity in relation to the Lac des Mille Lacs First Nation’s website (). We have created this website as a place where we can share news about Lac des Mille Lacs First Nation, our activities and events. We want our members to share their views and ideas and to enjoy their experience on this website. We encourage all activity that supports this aim but would like all users to observe the following terms and conditions. McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it. In Jones, the Court decided the defendant employee did commit intrusion upon seclusion by repeatedly viewing her co-worker’s bank record, and ordered she pay the plaintiff employee $10,000.00 (about $11,500 in 2021). Brought to life in 2017 by its ambitious team, Casino Reports is a news outlet dedicated to the latest developments in the Canadian as well as the global iGaming industry. More Canadians are ending their lives with a medically-assisted death, says the third federal annual report on medical assistance in dying .

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