The law of vicarious liability is important to employers because it sets a framework to establish when employers will be liable for the misconduct of their employees. The principle was recently applied in Ari v. Insurance Corporation of British Columbia, where the British Columbia Supreme Court (the Court) found that the Insurance Corporation of British…
Practice Area: Information, Data Security & Privacy
Ontario to Introduce Legislation Requiring Employers to Disclose Information Regarding Electronic Monitoring of Employees
On February 24, 2022, the Ontario government announced its plan to introduce legislation later this month that would require employers to inform their workers if and how they are being monitored electronically. If passed, Ontario will be the first province to require electronic monitoring policies. As the government states, the intention of this legislation is…
Beyond COVID-19: 2021 Year in Review – Cases and Legislation of Note
Employers and human resource professionals will undoubtedly remember 2021 as another year shaped by the pandemic. But … there were also legal developments in 2021 that were not related to COVID-19. In this FTR Now, we look at some of the year’s notable “non-pandemic” cases and legislative developments of interest.
Year-End Roundup
We are back with another edition of Reaching Out. With 2021 drawing to a close, we thought it appropriate to update you on some non-COVID-19-related developments.
Ontario Chief Medical Officer of Health Issues Separate Vaccine Instructions to Certain Ministry of Children, Community and Social Services Providers
On August 30, 2021, the Ontario Chief Medical Officer of Health (OCMOH) issued two sets of instructions (Instructions) to certain Ministry of Children, Community and Social Services (MCCSS) funded agencies, regarding the implementation of a mandatory vaccine policy. One set of Instructions applies specifically to Children’s Treatment Centres and certain third parties that provide contracted…
Ontario Announces Consultation on Modernizing Privacy
On June 18, 2021, the Ontario government released a White Paper titled “Modernizing Privacy in Ontario” and announced a public consultation on the issues raised in the Paper. Headed by the Ministry of Government and Consumer Services, the government is looking to revamp its legislative privacy framework and provide privacy protection beyond current provincial and…
Modernizing Canada’s Privacy Laws: What Employers Need to Know About Bill C-11
On November 17, 2020, the federal government introduced Bill C-11, An Act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and to make consequential and related amendments to other Acts.
Public Consultation on Ontario Privacy Law Reform for Private Sector
The Ontario government has opened a public consultation phase seeking input on reform for private sector privacy law, specifically to address gaps in the existing law and to enact new rules to protect privacy rights and increase confidence in digital services. This could be an initial step towards the introduction of a private sector privacy…
Supreme Court of Canada Finds Federal Genetic Non-Discrimination Act is Constitutional
On July 10, 2020, the Supreme Court of Canada issued its decision in Reference re Genetic Non‑Discrimination Act, upholding the constitutionality of the impugned sections of the federal Genetic Non-Discrimination Act (Act) in a split decision. The constitutional question was raised in a reference by the Quebec government to the Quebec Court of Appeal, which…
Addressing the Cyber Risks of Remote Work – Connection Risks
This is the third in a three-part series of concise posts geared to risk managers, legal counsel and executives in which we review the major risks associated with remote work and highlight typical controls.