A Master of the Ontario Superior Court of Justice recently rejected an employer’s assertion that emails between management and its Human Resources (HR) department were privileged and therefore not subject to disclosure in a constructive dismissal action. He stated that if “management seeks confidentiality in dealing with an employee, it should consult with counsel and…
Tag: Privilege
Supreme Court Affirms Supremacy of Solicitor-Client Privilege
In Alberta (Information and Privacy Commissioner) v. University of Calgary, a majority of the Supreme Court of Canada (with two justices partially concurring) affirmed that the University of Calgary was justified in its refusal to produce certain documents over which it had claimed solicitor-client privilege to the Information and Privacy Commissioner of Alberta (Commissioner). The…
Solicitor-Client Privilege Does Not Necessarily Arise Where Lawyer Copied on Internal HR Email
Is an email sent by a human resources employee and copied to the employer’s lawyer covered by solicitor-client privilege? The Ontario Superior Court of Justice recently answered this question in Jacobson v. Atlas Copco Canada Inc. This action involved a plaintiff’s claim for wrongful dismissal. His employment had been terminated for allegedly participating in a…
Raising the Bar – Sixth Edition
“There are far, far better things ahead than any we leave behind. “ C.S. Lewis Dear Friends, Welcome back from the summer! We hope that all of our readers had a chance to get in some rest and relaxation with friends and family over the past few months, and we are sure that you…
Improperly Sent Email Has Legal Consequences For Employer
In a fast-paced workplace, misdirected emails can easily happen and may occasionally result in an embarrassing disclosure of information to the wrong person. A recent decision of the Divisional Court confirms that the inadvertent email can also result in significant legal consequences for employers. In Fernandes v. Marketforce Communications, the employer forwarded the email of a…
Check your email recipient list before you press “send”
Employers must take care not to press the “send” button too soon as inadvertently copying an incorrect person on an email communication can have unintended results. In Fernandes v. Marketforce Communications, an employer emailed information to its lawyer setting out concerns regarding the continued employment of an employee. By mistake, that employee was copied on…
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…
Raising the Bar – First Edition
On behalf of the Litigation Practice Group at Hicks Morley, we are delighted to introduce the inaugural issue of Raising the Bar. Our goal is to provide you with timely information and analysis about the key litigation-related legal developments that will have an impact on employers. Our focus is squarely on giving you the practical…
Hicks Morley Information and Privacy Post – Fall 2010
Welcome to the Fall 2010 Quarterly Edition of the Hicks Morley Information and Privacy Post! As always, we bring you this quarter’s case law updates in privacy, freedom of information, confidentiality and the law of production. Highlights in this quarter include State Farm v. Privacy Commissioner of Canada, [2010] FC 736, where the Federal Court…
Hicks Morley Information and Privacy Post – Summer 2010
Welcome to the Summer 2010 Quarterly Edition of the Hicks Morley Information and Privacy Post! This edition is packed with the most up-to-date case law developments in privacy, freedom of information, confidentiality and the law of production. Of note is the Supreme Court of Canada’s recent pronouncement on access to information under Ontario’s Freedom of…