Industry: Financial Services

New Private Member Bill Proposes “Card Check” Unionization, First Contract Arbitration Model for Ontario

· 4 min read

On April 4, 2017, the New Democratic Party (NDP) of Ontario introduced private member legislation that would amend the Labour Relations Act, 1995 (Act) to bring “card check” union certification back to Ontario for the first time since 1995, and to implement a new first contract arbitration process. It is important to note that private…

Guidance for Organizations Sharing Information for Investigation/Fraud Purposes Issued by OPC

· 2 min read

The Office of the Privacy Commissioner of Canada (OPC) recently provided guidance on the new provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) that allow organizations to share information for investigation and fraud prevention purposes. The amendments, in force since 2015, give organizations significant flexibility to address cyber-crime and fraud by allowing…

Default Judgment Giving Rise to New Tort of “Public Disclosure of Embarrassing Private Facts” Set Aside

· 3 min read

Early in 2016, we reported on a case in which the Ontario Superior Court articulated a new private tort: “public disclosure of embarrassing private facts.” The plaintiff in that case had been coaxed by a former boyfriend (the defendant) to send him a sexually explicit video of herself. Despite promising the plaintiff confidentiality, the defendant…

Procedural Power of Courts Not Constrained by PIPEDA

· 3 min read

In Royal Bank of Canada v. Trang, the Supreme Court of Canada held that the Personal Information Protection and Electronic Documents Act (PIPEDA) does not interfere with the procedural powers of a court. The decision arose out of a situation in which past judicial interpretation and application of PIPEDA had impeded the ability of the…