Tag: Surveillance

Arbitrator Provides Guidance for Employers Managing Commute to Work Accommodation Requests, Self-Reported Medical Restrictions, and Surveillance Evidence

· 5 min read

In Toronto District School Board v Local 4400, Canadian Union of Public Employees, Arbitrator Stout dismissed an allegation of disability-related discrimination and failure to accommodate in the context of a commute to work. The case elaborates on the reasoning of Arbitrator Nyman in Ontario Secondary School Teachers’ Federation and Toronto District School Board, Grievance #…

Arbitrator Finds Video Surveillance Reasonable in Light of Safety Issues in the Workplace

· 1 min read

A recent arbitration award has confirmed that where an employer has legitimate concerns regarding safety in the workplace, it may install and operate video surveillance. This decision, which involved surveillance in a fire station to ensure equipment was not tampered with, engaged privacy considerations, the reasonableness of such surveillance and whether the surveillance was conducted…

Employer’s Use of Video Surveillance in Fire Station Reasonable When Addressing a Serious Safety Concern

· 4 min read

Arbitrator Sheehan has affirmed that an employer may install and operate video surveillance in a workplace where it has legitimate and serious concerns about safety issues. In this arbitration, a firefighters’ Association grieved the installation of cameras at two fire stations. It argued, among other things, that the requirement that the employees be subject to…

Hicks Morley Information and Privacy Highlights – Spring 2011

· 19 min read

Welcome to the Spring 2011 Hicks Morley Information and Privacy Highlights! As you may have noticed, we’ve recently re-vamped our publication and introduced a shorter, more condensed version of our traditional Post, designed to provide you with the most relevant and leading case law. The Highlights will now be published three times annually and will…

Hicks Morley Information and Privacy Post – Summer 2010

· 39 min read

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…

Covert Surveillance Guidelines for Federally Regulated Employers

· 3 min read

On May 27, 2009 the Office of the Privacy Commissioner of Canada issued an OPC Guideline Document: “Guidance on Covert Video Surveillance in the Private Sector”. The Guideline Document outlines the Commissioner’s recommendations to private sector organizations engaging in covert surveillance in the course of commercial activity, as well as to federally regulated employers engaging…

Hicks Morley Information & Privacy Post – Fall 2008

· 28 min read

We’re nearing the end of 2008 and are happy to present another edition of the Post. There’s been no shortage of significant developments in the law of information and privacy of late, including a rather welcome clarifying judgement from the Alberta Court of Appeal on the law of spoliation. The case, called McDougall, certainly does…

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 –…