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.
Cyberloafing, Time Theft or Productive Multi-Tasking?
Can an employer monitor (i.e. spy on) their employees’ online productivity (i.e. slacker, time-wasting cyberloafing)? Today I participated in a Lancaster House session on “Cyberloafing, Cyberspying” – two sides of the same labour relations coin, but full of divergent expectations and perspectives. I learned a ton from my fellow panelists, Dan Scott and Susan Munn, who represent unions and the government respectively, as well as the moderators, Shana French and Anne Gregory.
The common thread throughout the program was how to work through divergent expectations of privacy in the workplace.
Continue Reading Cyberloafing, Time Theft or Productive Multi-Tasking?
Coworking Part 2: Data & Privacy Risks
In my last blog post, I discussed the emerging importance of coworking spaces in the post-industrial workforce. In this part two of the series, at the risk of bursting this utopian post-industrial bubble, I set out some of the more pressing employment law issues with coworking spaces: confidential information, data security, privacy and ownership of content.
No, Privacy is Not Dead
There is no doubt that we are in the midst of a massive shift in how we consume information and how we communicate with each other. And there is also no doubt that those under 20 who grew up not knowing any different will have a very different kind of comfort around the online universe.
Do Individual Rights to Privacy Trump the Union’s Charter Rights on the Picketline?
When addressing the dispute at a union’s picketline, which interest trumps: your individual right to privacy or a union’s right to freedom of expression?
This morning, the Supreme Court of Canada (“SCC”) released a seminal case that aggressively concludes that the union’s constitutional right will prevail over an individual’s privacy rights arising out of the