Practice Area: Information, Data Security & Privacy

Hicks Morley Information & Privacy Post – Summer 2008

· 33 min read

ENJOY YOUR SUMMER! We hope you enjoy this mid-summer edition of the Hicks Morley Information & Privacy Post – our quarterly newsletter about case law developments in privacy, access to information, the protection of confidential business information and the law of production. We’ve had a busy summer for client relations here, having recently launched a…

Supreme Court of Canada Says Privacy Commissioner Can’t Decide Privilege Claims

· 3 min read

The Supreme Court of Canada issued its much-anticipated decision in Blood Tribe earlier this month. In a judgement written by Mr. Justice Binnie, it unanimously held that the Privacy Commissioner of Canada does not have the power to compel production of records over which an organization claims solicitor-client privilege. In doing so, the Court affirmed…

Protect Your Domain Name from Rogue Departing Employees

· 10 min read

We have recently helped a number of our clients retain and regain control of registered domain names that have either been threatened or taken by departing employees. We suggest you take steps to control against this risk. WHAT’S IN A NAME? A domain name may seem like a simple piece of intellectual property, but once…

The Kajouji Case: A Recent Tragedy Focuses Renewed Attention on Managing Students at Risk

· 4 min read

The tragic recent events involving 18-year old Carleton University student Nadia Kajouji have once again called attention to universities’ responsibilities when managing students who are at risk of harming themselves or others. As is now well known from media reports, Ms. Kajouji’s body was recovered from the Rideau River in Ottawa in late April, and…

Information & Privacy Post – Volume-3, Number-1

· 35 min read

In this issue Canadian e-discovery enters next era FREEDOM OF INFORMATION – EXCEPTIONS – PRIVILEGE FREEDOM OF INFORMATION – EXCEPTIONS – UNJUSTIFIED INVASION OF PERSONAL PRIVACY FREEDOM OF INFORMATION – FREEDOM OF THE PRESS PRIVACY – ACCESS TO PERSONAL INFORMATION PRIVACY – APPLICATION, EXCLUSIONS AND MATTERS OF JURISDICTION PRIVACY – COLLECTION USE AND DISCLOSURE –…

Supreme Court of Canada Issues Landmark Judicial Review Decision

· 12 min read

On March 7th, the Supreme Court of Canada issued a very significant administrative law decision, Dunsmuir v. New Brunswick, 2008 SCC 9 (CanLII), in which it has addressed the thorny issue of how to determine the standard of review in a judicial review application. The decision also significantly reforms the law relating to the dismissal…

E-Discovery News – Sedona Canada Principles Launched

· 5 min read

IN THIS ISSUE: The Context for Change What are the Sedona Canada Principles? The Principles The Sedona Canada Working Group has launched its authoritative guide to electronic discovery in Canada. The Principles should play an important role in advancing electronic discovery practice in Canada. THE CONTEXT FOR CHANGE The increasing cost of litigation and preserving…

Information & Privacy Post – 2007 Year in Review

· 5 min read

Dear Friends: We published the first full year of the Post in 2007, and it has been rewarding throughout. If you were a regular reader, thank you. If not, the Hicks Morley Information and Privacy Post is our regular publication on the law of information and privacy. We’ve defined information and privacy in a way…