Articles

About Articles The following articles are published by the Privacy Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Mitchell Koczerginski

Today
Today
Lessons from the Home Depot Privacy Class Action Settlement

Lessons from the Home Depot Privacy Class Action Settlement

  • October 25, 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.

Privacy Law
Context Relevant to Risk of Harm Analysis Under FIPPA, says Divisional Court

Context Relevant to Risk of Harm Analysis Under FIPPA, says Divisional Court

  • October 13, 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.

Privacy Law
Does PIPEDA Apply to Condominiums?

Does PIPEDA Apply to Condominiums?

  • June 23, 2016
  • Rodrigue Escayola

This article discusses why, in the author's view, PIPEDA does not apply to condominium corporations.

Privacy Law

Reluctance of Reconsidering Decisions

  • June 07, 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.”

Privacy Law, Workers' Compensation
Privacy Commissioner of Canada Cracks Down on Mobile Health Devices

Privacy Commissioner of Canada Cracks Down on Mobile Health Devices

  • June 06, 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.

Privacy Law