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Is a vehicle’s GPS data “Personal Information”? Yes!
A recent decision by the Alberta Privacy Commissioner has confirmed that in some cases, an organization’s requirement for independent contractors to install GPS tracking devices on their vehicles will not violate applicable privacy legislation but...
Whose Jurisdiction is it Anyway?
The Alberta Office of the Information and Privacy Commissioner (“Commissioner”) recently considered whether it had jurisdiction to deal with a privacy complaint. The Complainant alleged that De Beers Canada Inc. collected his passport information...
Not-So Blurred Line
In March, 2015, in recognition of the growing concern about cyber bullying and more particularly, the increasing number of incidents of “revenge porn”, the federal government made it a criminal offence to share intimate images. The recent case...
Can I speak to the Manager?
Ontario courts have been signalling for some time now that a failure to treat pre-trial conferences seriously will have consequences. A recent Superior Court of Justice decision may be read as increasing the standard to which insurers will be held...
Waivers of Subrogation Reach New “Heights”
When I graduated law school, I never expected to practice in an area where waivers of subrogation came up so frequently (or at all). Even today, I’m surprised by the number of times an unattended stovetop can lead to complex coverage issues....
No Reasonable Inference = No Causation
This action arises from a fall that occurred on January 14, 2014 on common property owned by the defendant Strata Plan LMS2286 (the “Strata”). Strata retained the defendant Markic Development & Restoration Ltd (“Markic”) to perform some...
Trip & Fall: Were You A Prudent Pedestrian?
Around 8 a.m. on an October day in 2015, the plaintiff drove to a strip mall that was operated and maintained by the defendant, Value Industries. She parked parallel to a curb outside of a Save on Foods store with the intention of walking up the...
Occupiers’ Liability: Look out for Sk8er boy
The Ontario Court of Appeal recently weighed in on the Occupiers’ Liability Act and the appropriate evidence admissible on a motion for summary judgment motion. In Drummond v. The Cadillac Fairview Corporation Limited, the Plaintiff attended...
Hackers v. Humans: Human Resources and Cyber Risk
Data and privacy breaches caused by malicious actors accessing your organization’s systems are here to stay. Once considered an emerging risk, “cyber” is now a hard reality facing every organization. Given the frequency of employees causing cyber...
PM Trudeau Commits to Creating a Digital Charter
The digital age has brought about significant benefits in our everyday lives. We can settle disputes by searching for an answer on our smartphones; get inspiration for some interior decoration through Instagram; and who can resist a midnight...
Put Up a Sign!
On December 31, 2013, the plaintiff, Kathryn Owens, had a slip and fall outside the Blue Canoe Waterfront Restaurant (the “Restaurant”), in Stevenson, BC, while walking on the boardwalk adjacent to its entrance. She shattered her right patella in...
Privacy Class Action Collapses in the Absence of Commonality
In Kaplan v. Casino Rama, released May 7, 2019, Justice Belobaba dismissed the plaintiffs’ motion to certify a class action arising from the 2016 cyber-attack on Casino Rama. Background In November 2016 Casino Rama’s computer system was hacked and...