Hicks Morley is pleased to announce the launch of Case In Point, a blog designed to provide human resources professionals with timely information about interesting case law developments in a range of employment-related areas. In this FTR Now, we highlight the features of this new service. BACKGROUND In 2010, Hicks Morley launched Human Resources Legislative…
Practice Area: Information, Data Security & Privacy
Supreme Court of Canada Renders Decision on Reasonable Expectation of Privacy in Workplace Computer
The Supreme Court of Canada rendered R. v. Cole in which it unanimously held that employees have a diminished but reasonable expectation of privacy in the use of their workplace computers. This case involved a warrantless police search of the accused’s workplace computer, which contained materials alleged to be child pornography. That evidence was excluded…
The Reasonable Expectation of Privacy: Where Does it End?
Privacy is an expanding area of law, and it has particular impact on employers. In a recent decision outside of the employment context – R v. Ward – the Court of Appeal for Ontario speaks to the scope of an individual’s reasonable expectation of privacy. The decision in Ward highlights two points of importance to…
Hicks Morley Information and Privacy Post – 2011/2012
Dear Friends: It’s late August 2012, and here’s what’s on our minds. Our Information and Privacy Post is back. This edition contains 61 case summaries relating to the protection of confidential business information, electronic evidence, freedom of information, privacy, privilege and production. It has been a remarkable year. Canadian privacy law, in particular, has made…
Reaching Out – First Edition
Dear Friends, The Social Service Sector Practice Group is pleased to introduce its first FTR Now edition of Reaching Out. Reaching Out is our Social Service Update designed to provide you with legal updates on new and developing cases, trends and topics that are relevant to your sector and which provide you with information and…
Misuse of Confidential Information – Are You Prepared?
An employee’s misuse of confidential information housed on computers or electronically can expose an employer’s business to serious risk of harm and potential liability. Improperly managed, these situations can create a crisis: witness Bank of America and the WikiLeaks threat. Hicks Morley has been successful in assisting clients who have had their confidential information misused…
Daniel Fogel Quoted in Benefits and Pensions Monitor
Hicks Morley’s Daniel Fogel was quoted in the March 8, 2012 edition of Benefits and Pensions Monitor . In an article entitled “Privacy Rights Increasingly Recognized,” Daniel comments on the increasing recognition of individual privacy rights when it comes to access to employee medical information for employers trying to manage illness in the workplace. View…
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…
How the New Privacy Tort Will Affect Employers
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…
Paul Broad Quoted in Canadian Lawyer Magazine
Hicks Morley’s Paul Broad was quoted in the December 19, 2011 edition of Canadian Lawyer magazine. In an article entitled “SCC says privacy commissioner was right to extend review period,” Paul comments on a recent Supreme Court of Canada decision that the Alberta Privacy Commissioner was reasonable in its decision to extend a statutory time…