Lessons from the Home Depot Privacy Class Action Settlement 25 octobre 2016 Roland Hung and Natasha Chin The decision in Lozanski v The Home Depot, Inc. by the Ontario Superior Court of Justice is one of the few court-approved privacy breach class action settlements in Canada. The decision provides some much needed guidance in this area: the Court suggests that actual harm is needed for class members to receive financial compensation and that companies should adopt a proactive approach to mitigate liability when faced with a privacy breach.
Context Relevant to Risk of Harm Analysis Under FIPPA, says Divisional Court 13 octobre 2016 Avi Sharabi In a recent decision, the Divisional Court set aside an order of the IPC mandating that certain confidential information of the applicant union was to be disclosed to a representative of a rival union. The Court held that the applicants need not show that harm had actually occurred, but that the context of the disclosure request was enough to demonstrate a reasonable risk of harm.
Are Condo Owners Entitled to Access the Email Address List of Other Owners? 23 juin 2016 Rodrigue Escayola This article discusses whether condo corporations should disclose to condo owners the email addresses of their owners.
Does PIPEDA Apply to Condominiums? 23 juin 2016 Rodrigue Escayola This article discusses why, in the author's view, PIPEDA does not apply to condominium corporations.
Reluctance of Reconsidering Decisions 07 juin 2016 Michelle M. Lomazzo Policy 11-01-14, Reconsiderations of Decisions, states, “The WSIB may reconsider any decision made by it and may confirm, amend or revoke the decision. The WSIB may do so at any time if the WSIB considers it advisable to do so.”
Canada's Privacy Commissioner Clamps Down on Spam and the Automated Harvesting of Electronic Addresses 07 juin 2016 Theo C. Ling and Jonathan Tam This article explores the recent enforcement action in connection with Canada's anti-spam law ("CASL") - this time led by the Office of the Privacy Commissioner.
Access to Information Request Provides Insight on Number of Canadian National Security Reviews 07 juin 2016 Douglas New Douglas New discusses how access to information requests can be used in a national security review process under the Investment Canada Act.
Privacy Commissioner of Canada Cracks Down on Mobile Health Devices 06 juin 2016 Lisa Abe-Oldenburg This article explores the recent examination by the Office of the Privacy Commissioner of Canada of internet-connected/wireless health devices that collect data on individuals and whether they are compliant with PIPEDA requirements.
Ontario Court Adopts New Cause Of Action To Combat Online Bullying 06 juin 2016 Bethan Dinning Summary of a recent case where the Ontario Superior Court ordered a man to compensate his ex-girlfriend after he posted an explicit video of her online without her consent.
Talk Isn't Cheap: The Risk of Doing Business Without Maintaining Records 03 février 2016 Fazila Nurani Records management obligation's got more important than ever for senior civil servants in Ontario on New Years Day, 2016. That’s when the Public Sector and MPP Accountability and Transparency Act, 2014 came into force.