Hicks Morley’s Daniel Michaluk and Matin Fazelpour, authored an article in the Canadian Law of Work Forum titled “Responding to a Potential COVID-19 Case in the Workplace – Steady as She Goes.” In this article, Daniel and Matin respond to one of the most frequently asked questions by employers during the COVID-19 outbreak: whether or…

Hicks Morley’s Daniel Michaluk authored an article in the Canadian Law of Work Forum titled “Temperature Screening for the Coronavirus – Necessary but not Sufficient.” As we move deeper into the global pandemic, the use of temperature screening to control the spread of the coronavirus outbreak is presenting as a potential security and public health control….

In the article “Employers with Drivers Operating in the U.S. Take Note: New U.S. Drug and Alcohol Testing Rule in Force January 6, 2020,” Daniel and Alexandra review the requirements under the new Drug and Alcohol Clearinhouse program in effect as of January 6, 2020, which impacts Canadian employers who have commercial drivers operating in the United States.

The Winter 2020 issue of OMHRA’s ECHO newsletter features two articles authored by Hicks Morley lawyers. In the article “The Human Rights Tribunal of Ontario Highlights the Requirement for Co-operation in the Accommodation Process,” Amanda Cohen and Jessica Toldo discuss a recent decision of the Ontario Human Rights Tribunal that provides support for the proposition that there may be recourse to termination where an employee refuses to co-operate in providing medical documentation…

Hicks Morley is pleased to congratulate Dan Michaluk, who has been recognized in the Data Privacy & Protection section of Who’s Who Legal: Data 2020. The guide recognizes leading lawyers in the areas of data privacy and protection, data security, information technology and telecoms and media.

Hicks Morley has once again been recognized as a leading law firm in the Chambers Canada 2020 guide for Employment & Labour (Ontario and Nationwide) and Pensions & Benefits (Nationwide). The firm receives praise for its “tremendous bench strength” being “a pre-eminent boutique in Ontario,” as well as for working on “very big pensions matters”…

Hicks Morley congratulates 32 of our lawyers for being recognized in Best Lawyers in Canada 2020 in the areas of Labour and Employment Law, Employee Benefits Law, Corporate and Commercial Litigation, Privacy and Data Security Law and Workers’ Compensation Law.

The December 2018 issue of the Canadian Insurance Claims Managers Association (CICMA) newsletter features an article authored by Hicks Morley lawyer Daniel Michaluk. In the article “Cyber Incident Response – Five Tips for Working with IT Experts,” Dan outlines tips on how to help insurers and their insured organizations handle cyber incident response correctly. One of the key factors of…

Hicks Morley has been recognized in Chambers Canada 2019 Guide for Employment & Labour – Nationwide and Ontario, and Pensions & Benefits – Nationwide. The firm receives praise from clients for giving “sound advice and explaining things in a business-friendly way,” as well as for its “very strong bench” as well as its “technical expertise and promptness.”

Congratulations to our lawyers who have been recognized as notable practitioners in Chambers Canada 2019.

Hicks Morley congratulates 30 of our lawyers for being recognized in Best Lawyers in Canada 2019 in the areas of Labour and Employment Law, Employee Benefits Law, Corporate and Commercial Litigation, Privacy and Data Security Law and Workers’ Compensation Law.

CBC News quoted Hicks Morley’s Dan Michaluk in a January 31, 2018 article titled “Today’s kids will need right to remove online posts about them.’” The article explains how kids and teenagers who were born into a Social Media era where their entire lives have been documented online by others, will have the right to have personal information de-indexed from search engine results if it is inaccurate, incomplete or out-of-date.

Benefits Canada quoted Hicks Morley’s Dan Michaluk in a December 19, 2017 article titled “Decision on employee reference eases the fears ‘to a certain extent’”. The article explores what an employer should say when asked about a former employee who wasn’t up to the task. When asked about the risks of a previous employer going too far, Dan said “Within the scope of giving a reference, employers have the protection of qualified privilege”.

The Lawyer’s Daily quoted Hicks Morley’s Daniel Michaluk in a September 14, 2017 article titled “Ottawa releases proposed regulations on data breach notifications.” The article explores how private sector organizations following federal privacy law will have to provide breach notifications to customers and the privacy commissioner where it is reasonable to believe that the breach creates a “real risk of significant harm”.

Hicks Morley has been ranked in Chambers Canada 2017 in the areas of Employment & Labour, Nationwide – Canada and Ontario and Pensions & Benefits, Nationwide – Canada. Stephen Shamie is commended for his ability to deal with sophisticated labour relations issues and is described as “knowledgeable and highly regarded.” Henry Dinsdale is regarded as a “go-to labour and employment lawyer” with extensive experience representing employers in collective bargaining and union certification matters…

Daniel Michaluk was quoted in the August 26, 2016 issue of The Lawyers Weekly. The article, “Privacy body eyes consent law, mulls changes,” details the issues the consent model has under the Personal Information Protection and Electronic Documents Act, after the Office of the Privacy Commissioner of Canada published a consultation paper that examines its practicality in today’s world of cloud computing, data analytics and the Internet of Things…

Hicks Morley once again ranked #1 in Canada in the field of Labour and Employment Law in Best Lawyers® in Canada, 2017. Hicks Morley has more listed lawyers in the area of Labour and Employment Law than any other firm in Canada. Hicks Morley lawyers have also been listed in the Employee Benefits Law, the Privacy and Data Security Law and the Workers’ Compensation Law sections…

Daniel Michaluk was quoted by IT World Canada on April 1, 2016 regarding employees privacy rights on company provided hardware. The article covers Dan’s advice given at a recent privacy law conference. Dan suggests the best way for employers to maintain a strong ability to access information is to “Tell people if you really want to do something private, put it on your own device.” He also feels that employers have a broad right to protect the enterprise, though do need to recognize that their rights are not unlimited as in times past.

Hicks Morley’s Daniel Michaluk was quoted in the January 25, 2016 Law Times article entitled “Case against CBC journalists set precedents for privacy, media law.” The article focuses on former Memorial University Professor, Ranjit Chandra’s appeal of a jury decision which found CBC journalists who created a television series questioning his scientific integrity did not commit…

Top Listed in Best Lawyers

Hicks Morley once again ranked #1 in Canada in the field of Labour and Employment Law in Best Lawyers® in Canada 2016. Hicks Morley has more listed lawyers in the area of Labour and Employment Law than any other firm in Canada.

Hicks Morley’s Daniel Michaluk was quoted in the May 2015 issue of Lexpert Magazine, in an article entitled, “How prepared are Canadian businesses for CASL’s impact?” The article refers to Canada’s Anti-Spam Law (CASL), and how it has significantly narrowed the digital landscape for business, in Canada and abroad. View Article

Hicks Morley’s Daniel Michaluk was quoted in the in the December 1st, 2014 edition of Law Times magazine in an article about proportionality and the civil justice system entitled “Lawyers continue to grapple with tricky concept.” In this article, Daniel describes the concept of proportionality and explains how it relates to the new discovery planning requirement in the Rules of…

Hicks Morley’s Daniel Michaluk was quoted in the Spring 2014 edition of Municipal Monitor in an article entitled, “Access to Information and Instant Messaging“. The article discusses the prospect of regulating government communications conducted through instant messaging, and respective record management practices. Daniel comments, “…the best practice is to limit the use of technology very…

Hicks Morley’s Daniel Michaluk was quoted in the November 2, 2012 edition of The Lawyers Weekly. In an article entitled “Some digital privacy due onwork devices”, Daniel comments on the significant decision made by the Supreme Court of Canada on workplace privacy in R v. Cole. In this case, it was unanimously held that employees…

Hicks Morley’s Daniel Michaluk authored an article for the Summer 2013 edition of The Ontario Electrical Contractor magazine. The article entitled, “BYOD Policy – Charting a Good Path to Higher Ground,” discusses benefits and risks of adopting policy that allows employee use of personal mobility devices for work. Daniel writes, “Employers must make a choice:…

In the October 2013 edition of Lexpert Magazine, an article entitled “The Exponential Growth of Privacy Law” discussed privacy law as a growing legal practice that permeates nearly every business decision, and transcends nearly every industry. In the article, Paul Broad commented on CASL [Canada’s new anti-spam and anti-malware law], “CASL will cover all sorts…

Hicks Morley’s Daniel Michaluk was quoted in the September 27, 2013 edition of The Lawyers Weekly in an article entitled, “GPS tracking parameters underscored in B.C. cases.” The article discussed recent rulings from British Columbia’s Office of the Information and Privacy Commissioner which upheld employer use of smart-phone and vehicle telemetric technology in managing a…

An article by Hicks Morley’s Daniel Michaluk was published in the Summer 2013 edition of Municipal Monitor. In the article entitled, “Social Media Tools and Traps,” Daniel discusses the modern challenges of municipal computing, including municipal social media use, bring your own device policy and the municipal use of cloud-based IT services. View Article

Hicks Morley’s Daniel Michaluk was quoted in the Spring 2013 edition of The Lawyers Weekly In-House Counsel magazine in an article entitled “Private Concerns.” In this article, Daniel comments on the Supreme Court of Canada’s decision regarding workplace privacy in R v. Cole. He quotes, “it isn’t necessarily preclusive, though, because it is only the…

Hicks Morley’s Daniel Michaluk was quoted in the May 2013 edition of Lexpert Magazine in an article entitled “The Online Minefield.” In this article, Daniel comments on organizations’ need to contract for sufficient control over information when utilizing cloud-based services, in particular to facilitate an appropriate and timely response to data loss incidents.

Hicks Morley’s Daniel Michaluk was quoted in the February 11, 2013 edition of Law Times magazine in an article entitled “Plethora of phones signals need for bring-your-own device policies.” In this article, Daniel comments on the choices employers have for dealing with the use of employee personal devices for work purposes and outlines the elements…

An article by Hicks Morley’s Daniel Michaluk was published in the January 23, 2013 edition of Benefits Canada. In the article entitled, “Take caution with pension committee email“, Daniel and Terra discuss the implications of a recent decision by the Nova Scotia Supreme Court which provides an important reminder to employers and pension plan administrators…

Hicks Morley’s Daniel Michaluk was quoted in the January 21, 2013 edition of Law Times magazine in an article entitled “Privacy issues grow as cloud computing mushrooms.” In this article, Daniel advises organizations to look beyond the data security issues associated with adopting cloud computing and also address their need to control and access data…

Hicks Morley’s Daniel Michaluk was quoted in the December 11, 2012 edition of Law Times magazine in an article entitled “Employers warned about limits on background checks.” The article summarizes comments Daniel made about workplace privacy at a recent Canadian Bar Association conference, including a comment about the need for employers to control their background…

An article by Hicks Morley’s Daniel Michaluk was published in the October 2012 issue of CCH’s Law Student eMonthly. In the article entitled, “Alberta OIPC Deals With Use and Disclosure of Work E-mails in Recent Order,” Daniel comments on a recent decision by the Alberta Office of the Information and Privacy Commissioner where a complaint…

Hicks Morley’s Daniel Michaluk has authored a chapter on privacy governance in CARSWELL’s newly-published book entitled Managing Personal Information: Insights on Corporate Risk and Opportunity for Privacy-Savvy Leaders. The book is designed to provide organizations with practical guidance in implementing better privacy protection. Order a copy of this book.

Hicks Morley’s Daniel Michaluk was quoted in the April edition of Canadian Lawyer Magazine in an article entitled “Intrusion upon seclusion: what’s justifiable?“. In the article, Daniel discusses the issues for employers to consider in collecting information about employees inside and outside of the workplace. View Article

Hicks Morley’s Daniel Michaluk was interviewed by HR Insider on the topic of GPS monitoring and employee privacy rights. Daniel provides insight on how to avoid privacy violations when using GPS equipment to protect company property and on what your GPS usage policy should contain. Watch the interview

Hicks Morley’s Daniel Michaluk was interviewed by HR Insider regarding structuring an effective social media policy. Daniel provides a current look at why a comprehensive social media policy is required, what a policy should cover, and what types of problems employers often confront when implementing a social media policy. Watch the interview

Hicks Morley’s Daniel Michaluk was quoted in the January 23, 2012 edition of Law Times magazine in an article entitled “What are employers’ privacy duties.” In the article, Daniel comments on a recent Ontario Court of Appeal decision where where the Court recognized that an employee had a limited expectation of privacy in personal use…

Hicks Morley’s Daniel Michaluk was quoted in the January 23, 2012 edition of Law Times magazine in an article entitled “Case pits disclosure against academic freedom.” In the article, Daniel comments on a recent decision by the Information and Privacy Commissioner/Ontario on the custody or control of university records. View Article

Hicks Morley’s Daniel Michaluk was quoted in the December edition of OHS Canada magazine in an article entitled “Silenced Out.” In the article, Daniel comments on the law governing employers’ response to whistle blowing. View Article

Hicks Morley’s Daniel Michaluk recently co-authored an article in the Fall 2011 edition of the Association of Municipalities of Ontario’s publication, Watch File, with Brian Lambie of Redbrick Communications. The article, “Social Media and Municipalities: Risks and Rewards” considers the increasing presence of Ontario Municipalities on social media. Daniel Michaluk provides an analysis on the…

Hicks Morley’s Daniel Michaluk was quoted in the Fall 2011 edition of The Lawyers Weekly. In an article entitled “Privacy in a digital world“, Daniel comments on the Ontario Court of Appeal’s recognition of current rising employee privacy expectations in light of the increasing personal use of employer computer systems. View Article

Hicks Morley’s Daniel Michaluk was quoted in the May 24, 2011 edition of The Globe and Mail newspaper. In an article entitled “Why employees should think before they tweet“, Daniel comments on the conflicts of interest that can be created between employees and employers by online comments, and the possible employment-related repercussions that can follow….

Hicks Morley’s Daniel Michaluk was quoted in a March 25th article in The Lawyers Weekly entitled “Insurers and Social Media.” Michaluk identifies that a legal obligation to seek consent may preclude the effective use of social media for underwriting purposes because social media information can be readily manipulated by users. He also suggests that insurers who intend to use social media…

Daniel Michaluk of Hicks Morley’s Toronto office recently published an article in the spring 2011 edition of Ontario Public School Boards’ Association’s publication Education Today. The article, “Student Communication Through Social Media: The Struggle to Define Misuse” considers two recent American decisions that have generated great interest among Canadian school administrators. Daniel Michaluk analyzes the…

Hicks Morley’s Dan Michaluk was quoted in the August 23rd edition of Law Times in an article entitled “In-House Counsel Seeking Lawyers as Project Managers”. The article discusses the increasing number of clients who are looking to lawyers to “embrace project management” as a means of enhancing efficiency and budget certainty. Michaluk encouraged the audience of lawyers to embrace project management, explaining that he keeps his project plans simple and often sends them by e-mail.

Hicks Morley’s Daniel Michaluk writes blog entitled “An Inside Look at the Student Hiring Decision” on August 3rd on Slaw. The post describes Hicks Morley’s hiring process and links to interview tips for students applying for articling positions in next week’s Toronto hire. View Blog

Hicks Morley’s Daniel Michaluk was quoted in the May 3rd edition of Canadian HR Reporter in an article entitled “Criminal Checks Hit Roadblocks”. The article provides a thorough description of developments related to the Canadian Police Information Centre (CPIC) background check process. Michaluk identifies that employers need to address risk management, health and safety, human…

Hicks Morley’s Daniel Michaluk was quoted in the March 15th edition of Law Times in an article entitled “Facebook Discovery: Is Civil Litigation in Uncharted Waters?“. The article is talks about production of information from individuals’ Facebook pages. Daniel explains that courts are loathe to deny a party to litigation access to relevant communications on…

Congratulations to Hicks Morley’s Daniel Michaluk for winning a 2009 CLawBie. Daniel tied in the category of Best Practioner Blog for his blog All About Information. The CLawBies were started in 2006 to showcase the best blogs published by members of the Canadian legal industry with the goal of inspiring “social endorsements for those Canadians…

Hicks Morley’s Daniel Michaluk was quoted in the October 13, 2009 edition of The Montreal Gazette in an article entitled, “The Evolution of E-Privacy.” The story examines how workplace privacy expectations need to keep pace with evolving technologies and the new “portable office.” Michaluk says, “The technology is so portable now, it just doesn’t seem…

Simon Fodden, Professor Emeritus at Osgoode Hall Law School, has announced that Daniel Michaluk will be a regular contributor to Slaw.ca – the award-winning cooperative weblog on all things legal.  Daniel represents our management clients in a wide range of matters, but does a significant amount of work on information management and privacy files, as…

Hicks Morley’s Daniel Michaluk was quoted in the July 13th edition of Law Times in an article entitled “Privacy and information law: steady growth”. They quoted Dan on his specialty information-and-privacy practice. Daniel explains, “I deal with compliance issues, privacy complaints and defences, access to information matters, and advice and advocacy related to the production of information.” Daniel also…

Hicks Morley’s Daniel Michaluk was quoted in the June 10 edition of The National Post in an article entitled “Raitt tape release highlights murky rules of privacy law.” The article discusses privacy issues surrounding the publication of National Resource Minister Lisa Raitt’s recorded conversation with her former aide. Daniel Michaluk points out that the judge’s…

Hicks Morley’s Daniel Michaluk and Susan Carnevale, Manager of Marketing Services contribute to the article “Online or Face-to-Face, Relationship Building is the Key to Enhancing Business Development “ for Canadian Lawyer Magazine. The article discusses the use of social media tools for online business development at various firms. Hicks Morley is one of six law…

Daniel Michaluk of Hicks Morley was recently quoted in the Law Times for an article entitled “Law of spoliation enjoys a resurgence in Canada”. The article discusses the recent Alberta Court of Appeal decision in McDougall v. Black & Decker. The Court set out six principles summarizing the law of spoliation, including a definition which…