Pre-employment police record checks have become common in our information-obsessed society. This is where the employer requires a job candidate to pass a police record check as a condition of being hired. The Police Record Checks Reform Act (the “Act”) was designed to standardize why and when these record checks can be obtained, as opposed
To google or not to google? Candidate background checks
In the information age it’s usually relatively easy to find out all about someone by doing a simple Google search. The burning question of online daters, “do I google my date before the date?” applies equally to employers. Can, and should, an employer background check a candidate? If so when? And how deep can and
Secret Recordings in the Workplace
Technology has impacted our privacy in a myriad of ways. One crafty use of technology that we see more and more in workplace disputes, is employee made audio recordings. Employees are turning on their voice memo apps before they go into important meetings and covertly recording their conversations. While undeniably an audio recording is great
When Key Employees Leave
High turnover is a growing issue for companies. As I’ve written in the past, the Millennial generation are quick to jump ship for a better opportunity or when they feel the values of the company no longer match their own. Employers need to prepare themselves for the inevitable departures of key employees.
Considerations When
What is solicitor-client privilege?
Solicitor-client privilege is an important legal concept that allows clients to trust their lawyers with private information. The Supreme Court of Canada has called it, “a principal of fundamental justice and civil right of supreme importance in Canadian law.” Given its importance to the relationship, we think it is important for individuals to
Tips for Recruiting Online
Gone are the days of posting job ads in the newspaper. Like most things these days job recruitment takes place primarily online. It is important for employers to know how to comply with the law in the online environment – human rights, accessibility and
PHIPA Fines in the Workplace
This spring the largest penalty to date was issued under Ontario’s Personal Health Information Protection Act (“PHIPA”). A social work student was convicted of accessing personal health information without authorization, and ordered pay a $20,000 fine and a $5,000 victim fine surcharge after pleading guilty to
Workplace Instant Messages: Information Overload
We all know that social media, electronic communications and the online world has changed how we interact socially. Who has the patience to leave a voice message for a friend about a restaurant meeting place, let alone listen to one? That’s what instant messaging (IM) is
Top 3 Uniquely Canadian Workplace Issues
Toronto is a great place to be a tech employer. It’s a cool city with exciting innovation and talent. If you’re a US company considering getting in on the action in Toronto, there are few things you should know about the True North.
Canada strives to
Privacy Law v Freedom of Expression
Privacy law in Canada continues to grapple with that delicate balance between individual privacy and freedom of expression. The recent case Chandra v. CBC provides an interesting commentary on the quickly changing world of privacy law.
In 2012 the Ontario Court of Appeal recognized the independent privacy tort of “intrusion upon seclusion”. Prior to this the case law was unsettled with respect to whether or not one could sue for invasion of privacy as a free standing cause of action.
In the Chandra v CBC case, Chandra, a former professor at Memorial University, brought at claim against the CBC for defamation and breach of privacy. The claim arose out of a three part CBC documentary called "The Secret Life of Dr. Chandra" in which the CBC investigated and accused him for scientific fraud. CBC defended the suit on the basis of fair comment and responsible journalism.