Articles

Recent landmark legislative amendments, regulatory activity, and an unprecedented increase in privacy litigation, damage awards, and class action certifications are among the key trends and legal risks in the Canadian cybersecurity environment. In this must-read article, Alex Cameron examines these trends and key developments to watch in the coming year.

In its recent decision in RBC v. Trang, the Supreme Court of Canada provided guidance to financial institutions holding otherwise “highly sensitive” information on how to determine when that information is somewhat less sensitive, such that it can be disclosed.

in December 2016, the Ontario Superior Court of Justice released Patel v. Sheth, the next in a series of cases sprouting from the 2012 recognition of a tort of intrusion upon seclusion. While Patel is deeply planted in a messy matrimonial context the analysis and finding of an invasion of privacy is worth addressing from a business risk perspective as well.

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.

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.

This article discusses whether condo corporations should disclose to condo owners the email addresses of their owners.

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

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.