Supreme Court of Canada Recognizes Reasonable Expectation of Privacy in Digital Communications

There has been significant discussion of the Supreme Court of Canada’s decisions in R v Jones and R v Marakah – cases in which the Court recognized a reasonable expectation of privacy in text messages that police obtained from others. In Jones, the police obtained messages from a telecom company and in Marakah the police…

Ontario Court Confirms that “Location Matters” in Charter Claims

In  Thain v. Pattison Outdoor Advertising LP, the Ontario Superior Court of Justice stayed an Ontario resident’s freedom of expression claim under the Canadian Charter of Rights and Freedoms (Charter), finding that the Court lacked jurisdiction over the subject matter of the litigation and that “[t]he interests of justice overwhelmingly favour Manitoba as the appropriate and…

Pay Equity Hearings Tribunal Clarifies Maintenance Obligations for Employers Utilizing the Proxy Method

The Ontario Pay Equity Hearings Tribunal (the “Tribunal”) recently issued a long-awaited decision in Ontario Nurses’ Association v Participating Nursing Homes (“Nursing Homes“). At issue in this case was the Unions’ assertion that in order to maintain pay equity using the proxy method, employers were required to return to their proxy employer to obtain up-to-date…