On January 18th, 2012, the Court of Appeal for Ontario in Jones v. Tsige recognized a new “intrusion upon seclusion” civil cause of action. In this FTR Now, we describe the new cause of action (or “tort”) and identify its significance to employers. THE INTRUSION UPON SECLUSION TORT Under Ontario law it is now clear…
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Ten Questions and Answers about Computer Use Policies
It’s January 2012. Last year the Court of Appeal for Ontario recognized that an employee had a reasonable expectation of privacy that arose out of his personal use of a work computer. As discussed in a companion FTR Now called How the New Privacy Tort Will Affect Employers, this month the Court of Appeal recognized…
Craig Rix Interviewed on Business News Network
Hicks Morley’s Craig Rix discusses whether 2012 will be a tough year for labour negotiations in a recent interview with Business News Network. Watch part one of the interview. Watch part two of the interview.
Craig Rix Quoted in The Globe and Mail
Hicks Morley’s Craig Rix was quoted in the January 7, 2012 edition of The Globe and Mail. In an article entitled “Bracing for trouble on the picket line“, Craig comments on this year’s picket-line battles suggesting that employers are going to be using hard bargaining, including potential lockouts, to make gains. View Article
Ontario Human Rights Code Independent Review: Consultation Paper Published
As part of the independent, mandated review of the changes resulting from the enactment of amendments to the Ontario Human Rights Code (the “Code”) which came into effect June 30, 2008, a consultation paper has been published which identifies key issues and points for discussion for the public consultation process which will take place in…
Mandatory WSIB Coverage for Construction Industry To Commence January 1, 2013
Effective January 1, 2013, amendments to the Workplace Safety and Insurance Act, 1997 outlined in Bill 119, the Workplace Safety and Insurance Amendment Act, 2008 will extend mandatory WSIB coverage to certain persons in the construction industry. These amendments will apply, with certain exceptions, to independent operators who carry on business in construction, and to…
Mandatory Reporting of Internet Child Pornography Bill, Regulations Come Into Force (C-22)
On December 8, 2011, Bill C-22, an Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, came into force, along with supporting regulations. The Internet Child Pornography Reporting Regulations provide the enabling framework for the legislation. It names the designated organization (Canadian Centre for Child Protection) for the…
2012 EI Premium Rate Set
On November 14, 2011, the Board of Directors of the Canada Employment Insurance Financing Board passed a resolution setting the 2012 Employment Insurance (“EI”) premium rate for residents of all provinces, with the exception of Quebec, at $1.83 per $100 of insurable earnings. The EI premium rate for Quebec residents has also been set, at…
School Board Update – Anti-Bullying Legislation Tabled in Ontario Legislature
Last week, both the Ontario government and the Progressive Conservatives tabled legislation to put in place measures to combat the problem of bullying in schools. The government’s version, Bill 13 (the Accepting Schools Act, 2011), and the Progressive Conservatives’ version, Bill 14 (the Anti-Bullying Act, 2011), have the same broad goals but have established some…
IPC/Ontario Issues Significant Order on Custody and Control of University Records under FIPPA
On November 7, 2011, the Information and Privacy Commissioner/Ontario (“IPC”) issued a significant order for Ontario universities. It held that the IPC has exclusive jurisdiction to decide whether a record is in the custody or control of a university in the context of an access request under the Freedom of Information and Protection of Privacy…