New@SBA.
Push Back on Pre-Certification Production Requests
The plaintiffs in Karasik v. Yahoo Inc., a proposed class action, brought a motion for production of Yahoo’s database of its 16.9 million Canadian users prior to the certification motion. This class action stems from cyber attacks in 2013 and…
Inadvertence Does Not Equal Recklessness
It is fair to assume that the personal health information provided to medical professionals is kept confidential. Medical professionals and institutions set up policies and procedures to ensure that the information is collected, stored, and used in…
FTC Throws the Book at Facebook
Facebook has made history today, but not in a good way. The US Federal Trade Commission (“FTC”) announced this morning that Facebook will pay a record-breaking $5 billion penalty, submit to new restrictions, and modify the company’s corporate…
Healthcare Professionals and Social Media: Not a Good Mix
Although privacy issues have been taking over the headlines in recent months, healthcare organizations have been subject to stringent privacy regulations for a number of years. Organizations providing healthcare services are particularly…
Court of Appeal Confirms- LAT has Exclusive Jurisdiction at First Instance
The Ontario Court of Appeal has upheld Justice Ramsay’s determination that the LAT has exclusive jurisdiction at first instance over all claims in respect of accident benefits, including extra contractual claims such as bad faith conduct. By way of…
You Can’t Hurry Love: LAT refuses to consider interim Order for Benefits
My mama said, “you can’t hurry love No, you’ll just have to wait” She said, “love don’t come easy But it’s a game of give and take” You can’t hurry love No, you’ll just have to wait Just trust in a good time No matter how long it takes Phil…
Court of Appeal finds employee’s “unequivocal” resignation equivocal
In the decision of English v. Manulife Financial Corporation, the Ontario Court of Appeal has weighed in on when a change in circumstances may allow an employee to revoke a seemingly clear resignation. For the purposes of this blog, the facts in …
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 of …