Picture
Picture
Name and Title
Peter Murphy
Partner
Partner
Year of Call

1995 (Ontario)

Memberships

Law Society of Ontario

Canadian I.T. Law Association

Toronto Computer Lawyer's Group

Ontario Bar Association Privacy Law Section

Publications
Description

The federal government's proposed changes to rules for the taxation of private corporations have changed since they came out last summer, Toronto corporate lawyer Peter Murphy tells AdvocateDaily.com.

In July 2017, the Ministry of Finance released proposals to change the rules in four areas:

1. to extend the tax on split income rules to spouses, adult children and other family members; 

2. to limit family business owners' access to the lifetime capital gains exemption (LCGE);

3. to prevent private corporations from converting amounts that would otherwise be payable to shareholders as dividends into lower-taxed capital gains; and

4. to develop ways to neutralize the tax benefits of retaining passive benefits inside a private corporation.

But after consultations and written submissions, the government has since backed down on some of the measures, including putting aside the proposals relating to the conversion of income into capital gains and those limiting access to the LCGE, says Murphy, a partner with Shibley Righton LLP.

"The income conversion to capital gains and LCGE changes would have had a big impact on the taxation of intergenerational transfers of family-held businesses and on intergenerational estate planning.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-03-01
Description

Peter Murphy Head ShotToronto lawyer Peter Murphy knows first hand how easy it can be to avoid making a will.

Despite having a lawyer in the family, Murphy’s own parents were well into their 70s before his mother asked him about preparing her will — and only after she was prompted by a friend.

“This friend was a little surprised that my mother hadn't completed her estate planning, and I was a little chagrined to think it was something that we had never focused on,” Murphy, a partner with Shibley Righton LLP, tells AdvocateDaily.com.

“We immediately started the process of estate planning and drawing up wills and powers of attorney for my mother and father.”  

Murphy says his parents’ experience is far from unique.

“I think many people don’t understand the importance of having a will and powers of attorney. They tend to put off thinking about these types of issues,” he says.

Even if they appreciate the importance of estate planning, it’s easy to avoid taking action.

“People see it as an expense they would prefer not to incur," says Murphy. "They don't realize that estate planning will often save money and a great deal of aggravation in the long run. Every adult should have their will and powers of attorney in place.”

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-01-29
Description

The European Union's new privacy regulations could have a big impact on Canadian businesses, Toronto corporate lawyer Peter Murphy tells AdvocateDaily.com

The EU's General Data Protection Regulation (GDPR) goes into effect on May 25, 2018, replacing the Data Privacy Directive (DPD) with more comprehensive data privacy rules.   

“Many Canadian companies assume this new European regulation will not apply to them,” says Murphy, a partner with Shibley Righton LLP, “but actually, it has a broad reach that will extend to many Canadian organizations. It imposes significant new requirements that are more stringent than what Canadian organizations are used to, and the penalties for violations are potentially very severe.”

“Canadian organizations should be preparing for this now to ensure they will comply by May 25, 2018,” he adds.

The reach of the GDPR will not be limited to organizations with an establishment in the EU. It will also apply to organizations outside the EU that collect or process personal information about EU residents. 

“Whether your organization collects personal information on EU residents, or processes it on behalf of someone else, it will have to comply,” Murphy says.

Date_Published
2017-12-27
Description

Peter Murphy Head Shot

The Ontario government has proposed immediate changes to the rules for not-for-profit corporations, says Toronto corporate lawyer Peter Murphy.

If enacted, the changes will bring some much-needed modernization to the statute governing the sector in the short term, says Murphy, a partner with Shibley Righton LLP.

Bill 154, the Cutting Unnecessary Red Tape Act, 2017, which passed second reading, is an omnibus bill that allows for amendments to various pieces of legislation. It proposes changes to the Ontario Corporations Act that would apply while the sector waits for the new legislation, Ontario Non-for-Profit Corporations Act (ONCA), to come into force, Murphy tells AdvocateDaily.com

Bill 154 is now before the Standing Committee on Justice.

The ONCA was passed by Ontario's legislature in 2010, but has not yet been proclaimed. Until it is, the Ontario Corporations Act will continue to apply to not-for-profit organizations incorporated in Ontario.

This is an excerpt from an article on AdvocateDaily.com.  Please click here to read the complete story.

Date_Published
2017-10-26
Description

Peter Murphy Head Shot

The Ontario government has proposed immediate changes to the rules for not-for-profit corporations, says Toronto corporate lawyer Peter Murphy.

If enacted, the changes will bring some much-needed modernization to the statute governing the sector in the short term, says Murphy, a partner with Shibley Righton LLP.

Bill 154, the Cutting Unnecessary Red Tape Act, 2017, which passed second reading, is an omnibus bill that allows for amendments to various pieces of legislation. It proposes changes to the Ontario Corporations Act that would apply while the sector waits for the new legislation, Ontario Non-for-Profit Corporations Act (ONCA), to come into force, Murphy tells AdvocateDaily.com

Bill 154 is now before the Standing Committee on Justice.

The ONCA was passed by Ontario's legislature in 2010, but has not yet been proclaimed. Until it is, the Ontario Corporations Act will continue to apply to not-for-profit organizations incorporated in Ontario.

This is an excerpt from an article with AdvocateDaily.com.  Please click here to read the complete story.

Date_Published
2017-10-26
Description

On June 7, the federal government announced that it is suspending the implementation of the private right of action under Canada’s anti-spam legislation (CASL). The move was in response to concerns raised by Canadian businesses, charities and the not-for-profit sector.

The suspended provisions of CASL were scheduled to come into force on July 1, 2017 and would have allowed any interested person to file lawsuits for alleged violations of the legislation.

The government has not stated how long this indefinite suspension will last. The legislation will be submitted to a parliamentary committee for review.

This is an excerpt from a article that appeared on AdvoacteDaiy.com.  Please click here to read the complete story.

Date_Published
2017-06-26
Description

It's rare for an entirely new market to open for business in Canada. So it's no surprise the government's plan for legalizing recreational cannabis has created a rush of businesses positioning themselves to claim a piece of this new, lucrative market.

Understanding the rules around the recreational cannabis industry will be imperative when making investment and marketing decisions. A detailed appreciation of the rules will also be necessary to ensure industry participants comply with the law.  

Canada's proposed Cannabis Act — if enacted without change — will distinguish legal activity from actions that warrant a lengthy prison stay by a hair's width. For example, an individual will be permitted to grow up to four cannabis plants at home, provided they are no more than 100 cm in height. If they grow just one millimetre taller, the grower could face 14 years in prison.

The act may change before coming into force, given much of it is subject to regulations that have not yet been drafted. Based on the current wording, however, we can expect several significant restrictions on the promotion of cannabis, accessories and related services.

This story appeared on AdvocateDaily.com,  to read the full article please click here.

Date_Published
2017-05-15
Description

Business leaders may fail to uphold their legal responsibilities if they don't take reasonable steps to prepare their companies for cyberattacks and information security breaches, says Toronto technology and business lawyer Peter Murphy, who has acted as counsel on some of Canada’s most notorious privacy breaches.

The impact can be as debilitating to an organization as a major product liability lawsuit, he tells AdvocateDaily.com

Given the importance of data in business today, "we have reached the point where the failure to take reasonable steps to protect information in the possession or control of the organization may be a breach of the fiduciary duties owed by senior officers and board of directors of the organization," Murphy points out.

He advises firms to craft and implement policies and procedures around information protection and security incident response, as the risk of a data breach is “huge.”

The article appeard on AdvoacateDaily.com.  Please click here for the complete story.

Date_Published
2017-02-17
Description

Businesses should ensure their online marketing activities comply with Canada's Anti-Spam Law (CASL), says Toronto technology and business lawyer Peter Murphy. 

CASL, which applies to promotional emails, instant or text messages, and other electronic information platforms, will extend to social media communications in certain circumstances, he tells AdvocateDaily.com.

"There are exceptions, but the anti-spam provisions are for commercial messages that are sent to electronic addresses. A promotional post on a business or professional's Facebook wall would not amount to a commercial electronic message under CASL because it's not being sent to any particular recipient's electronic address,"  Murphy says. "Similarly, posting a photo on social media, liking a post or tweeting would not fall under CASL, even if done as part of a business promotion because the communications are not sent to the recipients' electronic address.  

He says CASL will apply if the social media app is used to send a promotional message to specific users' electronic addresses, provided one of the exceptions doesn't apply.

This article appeared on AdvocateDaily.com.  For the full story please click here.

Date_Published
2017-02-02
Description

Businesses have less than seven months to get their houses in order before Canada’s Anti-Spam Legislation's (CASL) private right of action provisions come into effect next summer, according to Toronto technology and business lawyer Peter Murphy.

Although most of CASL's anti-spam provisions have been on the books since 2014, CASL's private right of action was given a three-year phase-in period, he tells AdvocateDaily.com.

"CASL’s private right of action provisions will kick in on July 1, 2017, enabling any person to launch lawsuits against violating organizations,” says Murphy, a partner at Shibley Righton LLP.  "In addition to actual damages suffered for a breach of CASL's anti-spam and anti-malware provisions, courts will be able to award applicants statutory damages of $200 for each contravention of CASL up to $1 million for each day on which a contravention occurred.  This is separate from the CRTC's power to issue administrative monetary penalties of up to $10,000,000 against offending corporations, which has been in place since July 1, 2014."

This story appeard on advocatedaily.com.  Please click here for the complete story.

Date_Published
2016-11-17
Description

Toronto technology and business lawyer Peter Murphy admits many law firms could benefit from new information technologies, but he doesn’t advise them to rush into projects without aligning them to the firm's objectives through a solid business case.

Murphy, a partner with Shibley Righton LLP, says when he started out, email was the new kid on the legal technology block. Much has changed over the last two decades, but because of the nature of their profession, lawyers often view new developments in technology with suspicion.

This story appeared on advocatedaily.com.  To read the full article please click here.

Date_Published
2016-10-19
Description

OTTAWA – Companies that lose personal customer data should be required to directly notify affected people — with limited exceptions — about the nature and date of the lapse along with steps taken to reduce the harm, says the federal privacy watchdog.

The Trudeau government plans to introduce breach-notification regulations in coming months to improve transparency and help consumers.

Several large businesses have been stung by hackers in recent years, causing embarrassment for proprietors and potential headaches for customers whose personal and financial details are suddenly circulating in cyberspace.

Legislation passed last year laid the groundwork for mandatory reporting of private-sector breaches that pose a “real risk of significant harm'' to individuals.

This story was published on Advocatedaily.com.  For the full story please click here

Date_Published
2016-07-22
Description

New causes of action for breach of privacy make data breach one of the most significant risks facing Canadian companies — but organizations may have an opportunity to manage this risk when contracting for information services with third-party vendors, Toronto privacy lawyer Peter Murphy writes in Lawyers Weekly.`

“In Canada, privacy laws apply to situations where personal information is transferred to a service provider. The Personal Information Protection and Electronic Documents Act (PIPEDA) requires subject organizations to use contractual or other means to ensure comparable protections apply to their personal information while in the service vendor’s control. Canada’s provincial private sector privacy laws have similar requirements,” writes Murphy, a partner at Shibley Righton LLP.

As such, when procuring information services, organizations should be sure to include the following features in underlying contracts to ensure comparable protections are present, and to better address data breach issues:

First of all, writes Murphy, information service vendors should be required to comply with applicable privacy laws, regulations, policies and guidelines with respect to their contracted services and related personal information.

“The vendor’s use of the organization’s data must be prescribed in the contract and be consistent with the purpose for which the data were collected. The vendor’s data retention should be minimized and subject to confidentiality obligations. Responsibilities should be allocated to ensure subject data are kept up to date and to permit individuals to have access to their respective personal information on request. The organization should have the right to inspect and audit the vendor to ensure compliance,” says Murphy.

Vendors should also be required to inform the procuring organization of any data access requests and data breaches they suffer with respect to the service. Vendors should also be required to co-operate with the organization to facilitate privacy investigations, maintain related records and make them available to the organization. They should also help facilitate breach notifications, he says.

Vendors should be required to use technical, administrative and physical safeguards to protect the data, including tracking data access and use, firewalls, antimalware programs, individual user accounts, regularly updated passwords and encryption.

As Murphy explains, administrative safeguards include covenants to comply with security, privacy, disaster protection and breach response policies. The policies should include regular data access reviews, new staff background checks and immediate termination of outgoing staff data access privileges.

Physical safeguards involve the use of physical access controls, and the contract should specify the locale of the data and prohibit the vendor from co-mingling the data with any other data. Vendors should also be restricted from exporting the organization’s personal information out of Canada without consent, he says.

The return of the data should also be clearly provided for, explains Murphy, and any permitted destruction of the data should be subject to specified controls, to ensure it will be irretrievable.

Although, "there is an increasing tendency for vendors of cloud and software-as-a-service solutions to attempt to exclude almost all liability for data breach under their contracts,” and limiting the vendor’s liability is common, Murphy adds that “it is important that the procuring organization retain sufficient means to enforce vendor contractual compliance.”

“When negotiating the procurement of information services, organizations are better prepared if they have a full understanding of data breach risks and the contractual, technical, administrative and physical protections they require from the outset of negotiations. Having this understanding promotes a more efficient and competitive procurement process, better value, and the use of best practices to manage data breach risk in the resulting contract,” he writes.

This story also appeared on advocatedaily.com and in The Lawyers Weekly

Date_Published
2016-06-08
Description

Whether caused by criminals, political hacktivists or human error, data breaches have become a frequent occurrence. New causes of action for breach of privacy have ncreased the potential for related damage awards, making data breach one of the most significant risks faced by Canadian organizations. An organization may influence its level of data breach risk when contracting for information servi-ces. Cloud computing, software-as-a-service and more traditional forms of information technology services involve placing the organization’s data in the hands of a third-party vendor. This data sharing creates an opportunity for the organization to manage its data breach risk through under-lying services agreements.

Please click here for the full story

Date_Published
2016-06-03
Description

Canadians could face an uphill battle to enforce local privacy laws against social media companies if the Supreme Court of Canada upholds a B.C. Court of Appeal decision to halt a class action against Facebook, Toronto privacy lawyer Peter Murphy tells AdvocateDaily.com.

Vancouver-based Deborah Louise Douez launched the action against Facebook back in the summer of 2014, claiming the social media giant's “sponsored stories” feature violated B.C.'s Privacy Act by using her name and profile picture in paid ads shown to her friends for products that she had “Liked” on the website.

For the full story please click here

Date_Published
2016-03-15
Description

Long-forgotten emails are growing in importance in civil as well as criminal matters, according to Toronto technology and business lawyer Peter Murphy.

Decade-old messages played a prominent role in the trial of former CBC radio host Jian Ghomeshi, as lawyer Marie Henein, defending Ghomeshi on several charges, confronted his accusers about their online interactions with him following the alleged sexual assaults.

For the full story please click here

Date_Published
2016-02-24
Description

OTTAWA — Newly released documents show the country's highest court is ready to launch a legal battle with the federal government over new IT rules which the Supreme Court of Canada fears would threaten its independence.

The Supreme Court is not alone in these concerns: the Federal Court, Federal Court of Appeal, Court Martial Appeal Court and Tax Court are all prepared to launch a constitutional challenge against having the government's super-IT department involved in their digital affairs.

The federal Liberals are now left to decide how to handle an issue created by a decision of the previous Conservative government that came into effect during the federal election.

That decision forced the courts to go through Shared Services Canada for all IT purchases, such as servers, routers and software, rather than letting them make the procurements on their own. The courts had that power until Sept. 1, when the new rules kicked in and made them a ``mandatory client'' of Shared Services Canada, which oversees purchases and digital services for 43 of the heaviest IT users in the federal government.

The move, approved by the Conservative cabinet in May 2015, was supposed to save money, since Shared Services Canada buys in bulk for the federal government, and improve digital security, because Shared Services Canada buys from safe suppliers.

Briefing material provided to Prime Minister Justin Trudeau shortly after he took office shows the courts were worried that having a government department involved in their IT services "and the perceived implications for control of their data'' infringed on judicial independence.

"They must maintain control of their data, not only because of concerns about confidentiality, but also because an independent judiciary cannot tolerate having its sensitive information controlled by a separate branch of government,'' reads part of Trudeau's briefing on urgent issues facing the new government.

In an interview with AdvocateDaily.com, Toronto business and IT lawyer Peter Murphy says the use of shared services departments to achieve economies of scale and reduce costs in IT procurement is increasingly common, particularly among multinational business organizations. 

He says that, by imposing shared IT services, the previous Conservative federal cabinet appeared to be pursuing greater efficiencies and data protections consistently with best industry practices.  However, according to Murphy, the implications for judicial independence resulting from the imposition of shared IT services on our federal courts do not appear to have been considered.

"The federal courts have legitimate concerns that the imposition of shared IT services may challenge their judicial independence," says Murphy, who is not involved in the matter and makes his comments generally.

"Our Constitution, including the Charter of Rights and Freedoms, and our common law have recognized judicial independence with respect to the courts as legal decision-makers and as institutions in our legal system," he says.

Murphy, a partner with Shibley Righton LLP — whose practice includes technology and commercial contracting, intellectual property licensing, commercial transactions and privacy, data protection, anti-spam and marketing law — says shared IT services could be inconsistent with these forms of judicial independence. 

"For example, the federal government's shared services administrators might have access, through shared data storage and management infrastructure, to a federal court's records pertaining to an ongoing legal challenge against a federal law or the federal government," he tells the online legal news publication.

"That would seem to pose a significant threat to the court's independence," he adds.

In an August letter to the government's top bureaucrat, officials for the courts argued that they shouldn't be subject to Shared Services Canada's oversight and should be exempt like agents of Parliament, including the auditor general, privacy commissioner and information commissioner.

If the government doesn't backtrack on the cabinet decision, the country's top judges "are prepared to take legal action,'' Trudeau was warned.

The advice Trudeau received in the secret briefing material has been blacked out from the documents obtained by The Canadian Press under the Access to Information Act.

A spokeswoman for Public Services Minister Judy Foote, who oversees Shared Services Canada, has yet to respond to questions about what the Liberals plan to do with the courts' complaint.

Shared Services Canada, in an email, would only say that everything the agency does is "aligned with all legislative and legal requirements,'' including "the need to maintain judicial independence.'' The department didn't say how exactly that works.

This story also appeard on advocatedaily.com

Date_Published
2016-01-07
Description

News that Rogers Media Inc. was fined $200,000 by the Canadian Radio-television and Telecommunications Commission (CRTC) is a warning that companies doing business in Canada must ensure email unsubscribe mechanisms are compliant with anti-spam legislation, says Toronto technology and business lawyer Peter Murphy.

Murphy, who specializes in privacy, data protection and anti-spam, as well as technology law, says this most recent fine issued by the CRTC under Canada's Anti-Spam Legislation (CASL) highlights CASL's requirements for unsubscribe functions.

The CRTC states the apparent violations stretched from July 2014 to July 2015, when consumers found emails came with an unsubscribe option that wouldn’t function properly and wasn't valid for the requisite 60 days.

Murphy, partner with Shibley Righton LLP, says while the CRTC’s press release doesn’t go into extensive detail, it is clear that Roger's unsubscribe mechanism was at issue. He tells AdvocateDaily.com that under CASL, the action of unsubscribing must be readily performable.

“This means if you click ‘unsubscribe’ you should be presented with a simple electronic opt-out mechanism, such as being taken to a landing page where you can unsubscribe without any barriers,” he says. “It has to be straightforward. If, for example, you are required to enter a password before opting out, that would probably not be considered readily performable under the legislation.”

Another requirement for the unsubscribe mechanism is that it must be valid for a minimum of 60 days following the date of the message.

Murphy says companies that are in the process of changing and upgrading their CASL compliance have to ensure that old unsubscribe landing pages stay valid for at least 60 days from date the last message was sent.

The third aspect of CASL-compliant unsubscribe functions is that companies must honor a request to unsubscribe from receiving future commercial electronic messages within 10 business days of notification.

“When the unsubscribe request is made, it has to be put into effect within a window of 10 business days,” Murphy says.

He says an interesting aspect is that Rogers entered into an undertaking with the CRTC, which is essentially an agreement where the company agrees to get up to par with CASL and pay a fine.

“It's like a settlement,” Murphy explains. “If you enter into the undertaking with the CRTC, it prevents future claims or repercussions for that particular violation. It’s important that Rogers appears to have co-operated with the CRTC and they agreed to implement a CASL compliance program.”

This is in stark contrast to the first fine issued under CASL back in March, where Quebec-based corporate training company Compu-Finder was fined $1.1 million for emailing consumers without their consent and did not properly allow recipients to unsubscribe from the mailings.

“My understanding is Compu-Finder did not pursue entering into an undertaking with the CRTC,” says Murphy. “Given the relatively large fine it received, there is an implication there that co-operating with the CRTC and negotiating an undertaking with them is the best way to proceed when facing CRTC CASL enforcement activity.”

This article also appeared on www.advocatedaily.com

Date_Published
2015-12-23
Description

Ontario Court of Appeal Allows Privacy Tort Action to Proceed Against Hospital

Date_Published
2015-05-01
Description

Preparing Your Organization for CASL's Commercial Electronic Message Requirements – Canadian Corporate Counsel Magazine

Date_Published
2014-05-01
Experience
More About

Speaking Engagements & Media Attention

Hosted The Commons Institute's LawFM series Corporate Law Broadcast, January 2017

Interviewed in Blockchain Breaks New Ground by Geoff Kirbyson, published in Forensic Accounting & Fraud, vol.6 no. 2, 2016

Interviewed in Cybersecurity Starts at Top, CEOs Must Have Action Plan by Jeff Buckstein, published in Forensic Accounting & Fraud, vol. 5 no. 1,  2016

Quoted in Law Times article "Telecoms told review of third-party needed" – 2016-06-06

Quoted in Law Times article "Jury out on impact of anti-spam legislation" – 2016-05-16

Presenter/Speaker – Privacy and Anti-Spam Law in Canada – LexWork Conference – 2016-05-13

Presenter/Speaker - Data Breaches, Privacy Risks and Obligations – Advanced Intellectual Property Program – Institute of Law Clerks of Ontario -2016-04-13

Presenter/Speaker – How Does CASL Affect Charities and Non-for-Profits? – Commons Institute's Charities, Non-Profits and the Law webinar – 2015-11-13

Presenter/Speaker – Nuclear Technology Agreements – Nuclear Lawyer's Association Annual Meeting – 2015, 11

Quoted in OPC's Annual Report Focuses On Online Privacy Transparency –E-Commerce Law & Policy, The Monthly Journal for Online Business – 2014-09

Quoted in CBC.ca  – "Canada's new anti-spam law: Can it really clean up your inbox?" – 2014-07-01

Quoted as one of Canada's leading commercial lawyers in The Globe and Mail – 2010-04-10 and 2010 -01-08

Quoted as one of Canada's leading commercial lawyers in The Financial Post – 2010 -03-06

Comments have appeared in articles about CASL in Bloomberg News and CBC.ca

Presenter/Speaker – Employee Privacy – 17th Annual Fraud Conference – The Association of Certified Forensic Investigators of Canada (ACFI)

Presenter/Speaker/Co-Chairman – Service Level Agreements – 6th Annual Federated Press Service Level Agreements Conference

Presenter/Speaker – Canadian Legal Update, Notification Obligations and Risk Mitigation – client seminars in Toronto and Ottawa

Presenter/Speaker – Doing Business in Canada – Canadian Trade Commissioner's Symposium in Atlanta, Georgia

Presenter/Speaker – Managing Intellectual Property Under Service Level Agreements – 5th Annual Federated Press Service Level Agreements Conference, Toronto

Presenter/Speaker – Technology Partnerships – Government of Ontario's Asia Pacific Global Export Forum

Presenter/Speaker – Canadian Anti-Spam Law – International Quality and Productivity Centre's Contact Centre Summit

Presenter/Speaker – CASL Compliance – Direct Marketing Association of Canada's CASL Compliance Event

Co-Host/Speaker – Preparing Your Organization for CASL's Commercial Electronic Messages Requirements – live webinar

Co-Chair/Speaker – Convergence of Electricity Distributors and Telecommunications Companies – Smart Grid in Ontario Conference

BIO

Peter Murphy is a partner in Shibley Righton LLP's Toronto office, with over twenty years of business, technology and privacy law experience. His practice includes commercial contracts and transactions, intellectual property law, privacy and data protection, marketing law, and will and estate planning.


Acting as business law counsel to a wide variety of organizations, Peter's clients include nuclear operators, universities, chartered banks, electricity distributors, municipalities, software companies and healthcare organizations. He also advises not-for-profit organizations and private businesses on a broad range of legal issues, including corporate governance.


Peter has extensive experience with corporate transactions including debt and equity financing, mergers and acquisitions, supply and services agreements and RFP documentation. He drafts shareholders agreements and structures corporations, partnerships and joint ventures.

For example, Peter advised a Canadian chartered bank on the creation of an online banking joint venture. He also advised Infrastructure Ontario and the Province of Ontario on the RFP documentation and related contracts for the engineering, procurement and construction of a two-unit nuclear power plant.


His extensive technology and intellectual property law experience includes drafting and negotiating licensing, outsourcing, development, implementation and support, cloud computing and e-commerce agreements. He provides advice on all types of intellectual property law issues including copyright, reverse engineering, trade secrets, confidentiality, patent and trade-mark law. He is an expert on Canada's anti-spam law and frequently advises clients on marketing, advertising and consumer law. Peter's practice has a strong focus on privacy and data protection law. He advises Ontario municipalities, government institutions, businesses, film festivals and international sporting events on all aspects of privacy law. He has acted as lead privacy counsel on some of Canada's most notorious data breaches, and has represented clients before Canada’s Privacy Commissioner. He acted as privacy counsel on the merger of two hospitals and their charitable foundations and for a chartered bank on the launch of a consumer credit card product. He also carried out a privacy audit of one of Ontario's largest statutory Boards which included the delivery of a comprehensive report to the responsible Minister.


Peter advises individual clients on will and estate planning. He has advised some of Canada's premier artists on estate planning issues including planning for post mortem administration of their artistic legacies.


A frequent public speaker and writer on business law and regulatory matters, Peter's articles and interviews have been printed in Canadian and international news media.

Contact Information

T: 416.214.5216
F: 416.214.5416
peter.murphy@shibleyrighton.com

vCard
Education

University of Toronto Faculty of Law, J.D., 1993
Richard Ivey School of Business, H.B.A., 1990

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