Dan Michaluk Quoted in Law Times

Hicks Morley’s Dan Michaluk was quoted in the January 23, 2012 edition of Law Times magazine in an article entitled “What are employers’ privacy duties.” In the article, Dan comments on a recent Ontario Court of Appeal decision where where the Court recognized that an employee had a limited expectation of privacy in personal use…

Ten Questions and Answers about Computer Use Policies

It’s January 2012. Last year the Court of Appeal for Ontario recognized that an employee had a reasonable expectation of privacy that arose out of his personal use of a work computer. As discussed in a companion FTR Now called How the New Privacy Tort Will Affect Employers, this month the Court of Appeal recognized…

How the New Privacy Tort Will Affect Employers

On January 18th, 2012, the Court of Appeal for Ontario recognized a new “intrusion upon seclusion” civil cause of action. In this FTR Now, we describe the new cause of action (or “tort”) and identify its significance to employers. THE INTRUSION UPON SECLUSION TORT Under Ontario law it is now clear that individuals can sue…

Dan Michaluk Quoted in The Lawyers Weekly

Hicks Morley’s Dan Michaluk was quoted in the Fall 2011 edition of The Lawyers Weekly. In an article entitled “Privacy in a digital world“, Dan comments on the Ontario Court of Appeal’s recognition of current rising employee privacy expectations in light of the increasing personal use of employer computer systems. View Article

Court of Appeal Recognizes Employee Privacy Rights in Work Computer Subject to Employer Policy and Procedure

One week ago, the Ontario Court of Appeal issued a judgement that is very significant for its consideration of an employee’s expectation of privacy in personal information stored on a work computer. In R. v. Cole, the Court recognized an expectation of privacy in the specific circumstances of the case, but also demonstrated a willingness…

School Board Update – Court of Appeal Recognizes Employee Privacy Rights in Work Computer Subject to Employer Policy and Procedure

One week ago, the Ontario Court of Appeal issued a judgement that is very significant for its consideration of an employee’s expectation of privacy in personal information stored on a work computer. In R. v. Cole, the Court recognized an expectation of privacy in the specific circumstances of the case, but also demonstrated a willingness…