New@SBA.
Another Privacy Class Action Settlement
Do plaintiffs have to sue in federal court for PIPEDA violations? Maybe not anymore!
Burden of Proof vs. Fraud: Back to Basics
The Court of Appeal has overturned a summary judgment decision in a coverage case, finding the judge reversed the burden of proof and failed to recognize that a trial is required in cases of potential fraud, where credibility is in issue.
Carriage Fights in Privacy Class Actions
Privacy breaches often result in a multiplicity of class actions, across a multiplicity of jurisdictions in Canada, both at the national and the provincial level. How do courts decide which law firm(s) should be granted carriage of the claim?…
Occupiers, Don’t Turn a Blind Eye to Your Tradesperson!
In February 2015, the plaintiff, a 66-year old contractor, fell from a ladder while working at premises leased by the defendant corporation, Crème. The fall resulted in him suffering catastrophic injures and requiring round-the-clock care at a care…
Don’t Spoil Your Subrogation Claim!
Disposing of evidence can be fatal to a subrogation claim. Not because of spoliation but because it may be impossible to prove liability without an expert assessment of the failed item….
Where there’s smoke (detectors), there’s cameras?
A recent motion decision from the Ontario Superior Court of Justice highlights the importance of having clear internal communications about privacy policies. Perhaps equally important, the decision should make organizations uneasy about how they…
Resignations: Will I stay or will I go?
When it comes to resignations, the facts matter and the decision of Nagpal v. IBM certainly proves it. In another notable case on resignations in Ontario, Schabas J. had to determine whether an employee’s failure to return to the workplace after…
Privacy Breach Responses: A different kind of CPR
Hands-on experience is critical training for medical professionals. For instance, an emergency room doctor involving a resident in direct patient care is imperative for young medical professionals to develop their skills. However, from a legal…
That’s a LOT of (cookie) dough!
The Federal Trade Commission (FTC) and New York Attorney General announced today that YouTube and Google will pay a record setting $170 million dollars to settle allegations of violating the Children’s Online Privacy Protection Act (COPPA) Rules….
Privacy in Pharmacy – Be Prepared
Pharmacists have a range of responsibilities including reviewing prescriptions, educating individuals about medication use and side effects, and acting as a last line of defence to ensure that multiple medications do not interact with one another….
Surprise (or Not): Patient Records are Confidential
Snooping occurs on a regular basis but few organizations are willing to deal with it. Whenever an individual, such as a doctor, a nurse, or a clinic staff member accesses a patient’s record without a work-related need, this is considered snooping….
Not so fast! Insurers get a say in LAT withdrawals
By Kathleen O’Hara and Heather Lindsay In the recent Motion Order of LAT File No. 18-011887/AABS, the LAT concluded that an insurer can resist the unilateral withdrawal of a LAT Application when it included a live issue in the proceeding that has…