In the digital age, privacy litigation is one of the most dynamic areas of law. The law is evolving quickly, drawing on concepts developed before privacy regulators and in criminal cases. Matters are often litigated in a technical context, requiring an understanding of information systems and complex new and emerging technologies. Moreover, the “open courts” principle can conflict with the need to keep information secret and complicate litigation.
Whether you retain us to act in defence of a privacy claim, defeat the certification of a proposed class action for data loss, or to recover (or resist the disclosure of) sensitive or confidential information, Hicks Morley brings the pragmatic and forceful litigation approach necessary to advocate on your behalf.
Our team of established privacy lawyers regularly litigates before administrative tribunals and courts. We respond to privacy complaints and access to information requests on behalf of our clients, make submissions to the Information and Privacy Commissioner of Ontario (IPC) and bring judicial reviews of IPC decisions, when appropriate. Likewise, we have appeared at all levels of court representing parties or intervenors in precedential privacy cases, including the Supreme Court of Canada.
With our detailed knowledge of the federal and provincial privacy regimes, including health privacy legislation and regulations, we can also proactively assist our clients in complying with their obligations and develop case strategies to potentially avoid or minimize litigation.