Practice Area: Information, Data Security & Privacy

Court Certifies Class Action Relating to Improper Access of Medical Files

· 4 min read

In Welshman v. Central Regional Health Authority, the Supreme Court of Newfoundland and Labrador (Court) certified a class action in which the plaintiffs alleged that employees of the defendant, the Central Regional Health Authority, improperly accessed the private personal and medical information of 260 individuals outside of the scope of their employment. The Court’s decision…

Supreme Court of Canada Finds Individuals Have a Privacy Interest in Their IP Addresses

· 2 min read

In R. v. Bykovets, released on March 1, 2024, the majority of the Supreme Court of Canada (Court) found that individuals have a privacy interest in their internet protocol (IP) addresses. The issue arose in the context of the Court’s consideration as to whether police had breached section 8 of the Canadian Charter of Rights…

IPC Power to Determine Administrative Monetary Penalties Takes Effect

· 2 min read

On January 1, 2024, changes to the General Regulation made under the Personal Health Information Protection Act (PHIPA) took effect (see O. Reg. 343/23). The changes stipulate how the Information and Privacy Commissioner of Ontario (IPC) determines the amount of administrative monetary penalties (AMPs) issued as part of its enforcement powers for violations of PHIPA….

New Transparency Requirements for Corporations Subject to the Canada Business Corporations Act Come Into Force on January 22, 2024

· 1 min read

The federal government has proclaimed January 22, 2024 as the coming into force date for certain provisions of the Canada Business Corporations Act (CBCA) that were enacted by the Budget Implementation Act, 2022, No. 1. Corporations which are subject to the CBCA (Corporations) will now have additional reporting obligations regarding their registry of individuals with significant…

Advantage CPD: Access Requests Under MFIPPA – A Practical Guide for School Boards Webinar

Freedom of information (FOI) coordinators responding to access requests need to balance a wide range of issues, from clarifying requests and arranging reasonable searches to preparing fee estimates, all within tight time frames. This program addresses a number of the strategic and practical considerations which go into responding to requests under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).

County of Carleton Law Association: Ottawa Eight-Minute Employment Lawyer

The County of Carleton Law Association’s newly extended Ottawa Eight-Minute Employment Lawyer program is designed for all lawyers with an interest in learning about the latest in employment law, whether they practise exclusively or only occasionally in this area of law. At this year’s event, Siobhan O’Brien has written a paper and will present a session titled, “Electronic Monitoring, Privacy, and Employment Law.”

Nicole Nowoselski

Nicole is building a practice that includes advice and representation for employers in both the private and public sectors on a wide range of labour and employment issues including grievance arbitrations, labour disputes, wrongful dismissals, and workplace health and safety.

Successfully resolved an appeal before the Information and Privacy Commissioner of Ontario for a large school board where the complainant challenged the reasonableness of the board’s search efforts in satisfying an access request under the Municipal Freedom of Information and Protection of Privacy Act.

Successfully resolved an appeal before the Information and Privacy Commissioner of Ontario for a large school board where the complainant challenged the reasonableness of the board’s search efforts in satisfying an access request under the Municipal Freedom of Information and Protection of Privacy Act.