On May 12, 2010, the Ontario government introduced legislation designed to modernize the legal framework in which not-for-profits operate. If passed, Bill 65, the Not-for-Profit Corporations Act, would enhance corporate governance and accountability by providing a statutory duty of care for directors; provide specific protection from liability for directors; enhance member democracy by expanding member…
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2009 Fall Issue
FOCUS ON HEALTHCARE The healthcare tightrope LEGAL DEVELOPMENTS Preparing for the AODA Negligence claims against government relating to SARS fail PROFILE To your health Download PDF
Effective Pandemic Planning
Employers have a general obligation under health and safety law to take all reasonable precautions in the circumstances to protect their workers. What does this entail, however, in a pandemic situation, such as the one currently facing employers? In our May 1, 2009 FTR Now – “Employer Bulletin: Influenza A(H1N1)” – we discussed some of…
Recent Developments under the AODA
It was a busy summer of new developments under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), several of which employers and other organizations should note: the “Initial Proposed Accessible Built Environment Standard” was released for public comment; the “Final Proposed Accessible Information and Communications Standard” was submitted to the Minister for approval; the…
Covert Surveillance Guidelines for Federally Regulated Employers
On May 27, 2009 the Office of the Privacy Commissioner of Canada issued an OPC Guideline Document: Guidance on Covert Video Surveillance in the Private Sector. The Guideline Document outlines the Commissioners recommendations to private sector organizations engaging in covert surveillance in the course of commercial activity, as well as to federally regulated employers engaging…
Access and Production Requirements and Records Possessed by Faculty Members
The Canadian Association of University Teachers recently published a memorandum about records in the possession of faculty members that raises some significant issues for Ontario universities. In a memorandum dated April 8, 2009, and now published on the internet, the association states, “Based on collective agreements, memorandum of agreements, faculty handbooks and on past practice…
Hicks Morley Information & Privacy Post – Spring 2009
We’re happy to publish the first 2009 edition of the Hicks Morley Information and Privacy Post! As usual, we have summarized the most recent and notable cases relating to privacy and access to information, protection of confidential business information and the law of production. So what’s new? Much has been said about Leduc v. Roman,…
Transforming Human Resources Practices Under The Proposed AODA “Employment Accessibility Standard”
Employers in Ontario should pay careful attention to the proposed Employment Accessibility Standard (the “Standard”) under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) released for public comment in February 2009. If approved in its present form, the proposed Standard will transform how employers deal with employees and potential employees in all phases…
Medical Information Management For Employers
We would like to build this bulletin around the diagram below, which illustrates a very common model by which employers manage medical information – i.e., one in which the employer seeks information from an employee’s treating physician through its own medical adviser. The point we’d like to make is that role definition is key to…
Hicks Morley Information & Privacy Post – Fall 2008
We’re nearing the end of 2008 and are happy to present another edition of the Post. There’s been no shortage of significant developments in the law of information and privacy of late, including a rather welcome clarifying judgement from the Alberta Court of Appeal on the law of spoliation. The case, called McDougall, certainly does…