On June 21, 2024, the Supreme Court of Canada rendered its decision in York Region District School Board v. Elementary Teachers’ Federation of Ontario. The decision establishes that Ontario school boards are “government”—and thus subject to the Canadian Charter of Rights and Freedoms (Charter)—and provides guidance on how alleged breaches of an employee’s Charter-based right…
Practice Area: Litigation - Privacy
Privacy
In the digital age, privacy litigation is one of the most dynamic areas of law. The law is evolving quickly, drawing on concepts developed before privacy regulators and in criminal cases. Matters are often litigated in a technical context, requiring an understanding of information systems and complex new and emerging technologies. Moreover, the “open courts” principle can conflict with the need to keep information secret and complicate litigation.
Successfully argued that an employer’s use of personal data in a legal proceeding was not a breach of existing privacy law.
Successfully argued that an employer’s use of personal data in a legal proceeding was not a breach of existing privacy law.
Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Litigation Law [Video]
In this video, Frank Cesario discusses five of the key differentiating factors about Canadian litigation that U.S. organizations should be aware of including: damages, document production and discovery, costs, mandatory mediation and differences in court structure.
Setting up Shop in Canada? What U.S. Employers Need to Know About Litigating in Canada
While Canada and the United States are alike in many respects, there are a few key differences in litigation law that U.S. organizations should be aware of if you are considering buying, selling or operating a business in Canada.
Successfully argued before the Information and Privacy Commissioner on behalf of a school board that text message data created on employer-issued phones but stored on third party servers fell outside the custody and control of an institution under the Freedom of Information and Protection of Privacy Act.
Successfully argued before the Information and Privacy Commissioner on behalf of a school board that text message data created on employer issued phones but stored on third party servers fell outside the custody and control of an institution under the Freedom of Information and Protection of Privacy Act.
Represented an outsourcing company to obtain an Anton Piller order without notice permitting search of residence of departing employee and seizure of client confidential documents and data.
Represented an outsourcing company to obtain an Anton Piller order without notice permitting search of residence of departing employee and seizure of client confidential documents and data.