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…
Industry: Mining & Natural Resources
2017 Federal Budget Released
On March 22, 2017, the federal government tabled its 2017 Budget, Building A Strong Middle Class (#Budget2017)…
Appellate Court Finds Labour Arbitrator has Jurisdiction in EI Premium Reduction Case
In a recent decision, the Ontario Court of Appeal underscored the importance of judicial deference to the arbitration and grievance process…
Appellate Court Finds Termination Clause Unenforceable for Breach of ESA
The recent dismissal by the Supreme Court of Canada of an employee’s leave to appeal an appellate decision which upheld the enforceability of a minimum standards-only termination clause was good news for employers…
Regulation Classifying Employers Under WSIA Amended
On December 16, 2016, the Ontario government filed O. Reg. 470/16, amending O. Reg. 175/98 “General” made under the Workplace Safety and Insurance Act, 1997 (Act)…
Default Judgment Giving Rise to New Tort of “Public Disclosure of Embarrassing Private Facts” Set Aside
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…
Clarifying Pension Portability in Ontario for Retired Members
With the publication of draft regulations to support recent amendments to the Pension Benefits Act (PBA), the PBA will soon expressly permit…
OLRB Considers Employer’s Obligation to Pay for Commuting Time of Employee Using Company Vehicle
When employees are provided with company vehicles to take home at the end of the work day, does the employer have to pay for their commuting time directly to and from a job site?
New Definition of “Spouse” in Ontario to Affect Plan Administration, Insurance & Succession Rules
Pending legislative changes to the definition of “spouse” in Ontario are set to impact pension plan administration and insurance claims in Ontario, further to amendments recently enacted by Bill 28, All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016…
Ten Incident Response Tips – Part 2
In Part 1 of this two-part series on data security incident response, we identified five “norms” to guide your incident response process…