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 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
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…
Legislative Update – A New ESA Leave and Potential Changes to the Regulation Of the HR Profession
Two new pieces of legislation have recently been introduced in the Ontario Legislature that will be of interest to employers in Ontario. The first is a government Bill that would establish a new leave under the Employment Standards Act, 2000 (“ESA, 2000″). The second is a Private Member’s Bill that would amend the regulatory framework…
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…
Stephen Shamie Quoted in Queen’s Law Reports
Hicks Morley partner Stephen Shamie was quoted in the 2011 edition of Queen’s Law Reports. In an article entitled “Centre for Law in the Contemporary Workplace,” Stephen comments on the end of mandatory retirement and identifies that when challenges arise in areas where mandatory retirement can be justified, such as jobs where strenuous physical activity…
Personal information received on an unsolicited basis is not “collected”
The Information and Privacy Commissioner of Ontario issued a notable privacy investigation report this past summer under of the Municipal Freedom of Information and Protection of Privacy Act (the “Act“). The complainants complained, amongst other things, that the Municipality in issue had improperly collected their personal information contained in correspondence they sent to the Municipality,…
Anti-spam Regulation Proposed Under Bill C-28
On July 9, 2011, the federal government published proposed Electronic Commerce Protection Regulations under Bill C-28, the so-called “anti-SPAM” legislation. The proposed Regulations are administrative in nature and specifically provide definitions for terms used in Bill C-28, including “personal relationship” and “family relationship”. The Regulations also define the specific conditions under which consent would be…
Ontario Bar Association Publishes Article by Thomas Agnew
An article by Hicks Morley’s Thomas Agnew was published in the Labour and Employment Law section of the OBA’s June 2011 newsletter. In an article entitled, “Expanding the Definition of Employment Under Health and Safety Legislation” Thomas discusses the Ontario Court of Appeal’s recent decision to encompass independent contractors within the definition of “employment” under…