Articles 2019

Aujourdʼhui
Aujourdʼhui

Building a foundation for data-collection under MAID

  • 04 juillet 2017

Too onerous, too cumbersome, and possibly not quite respectful enough of privacy, are some of the responses from the CBA’s End of Life Working Group to a Health Canada consultation on a monitoring regime for those seeking a doctor’s assistance to end their lives.

Droit relatif à la santé, Droit de la protection de la vie privée
Privacy Breach Litigation: Understanding the Consequences for Your Organization

Privacy Breach Litigation: Understanding the Consequences for Your Organization

  • 24 mai 2017
  • Howard Simkevitz and Danielle Wolfenden

With the rise in the collection, use and disclosure of personal information and personal health information across organizations, the prevalence of privacy breaches, and the recognition of common law privacy torts in Ontario, organizations increasingly face legal, financial and reputational consequences from personal information handling practices. This article considers how this evolving area of law may inform an organization’s internal risk management program.

Droit de la protection de la vie privée
Intrusion Upon Seclusion: The Story of an Unsavory Camera in the Boudoir

Intrusion Upon Seclusion: The Story of an Unsavory Camera in the Boudoir

  • 23 janvier 2017
  • Roland Hung and Lucas Versteegh

in December 2016, the Ontario Superior Court of Justice released Patel v. Sheth, the next in a series of cases sprouting from the 2012 recognition of a tort of intrusion upon seclusion. While Patel is deeply planted in a messy matrimonial context the analysis and finding of an invasion of privacy is worth addressing from a business risk perspective as well.

Droit de la protection de la vie privée
Lessons from the Home Depot Privacy Class Action Settlement

Lessons from the Home Depot Privacy Class Action Settlement

  • 25 octobre 2016
  • Roland Hung and Natasha Chin

The decision in Lozanski v The Home Depot, Inc. by the Ontario Superior Court of Justice is one of the few court-approved privacy breach class action settlements in Canada. The decision provides some much needed guidance in this area: the Court suggests that actual harm is needed for class members to receive financial compensation and that companies should adopt a proactive approach to mitigate liability when faced with a privacy breach.

Droit de la protection de la vie privée
Context Relevant to Risk of Harm Analysis Under FIPPA, says Divisional Court

Context Relevant to Risk of Harm Analysis Under FIPPA, says Divisional Court

  • 13 octobre 2016
  • Avi Sharabi

In a recent decision, the Divisional Court set aside an order of the IPC mandating that certain confidential information of the applicant union was to be disclosed to a representative of a rival union. The Court held that the applicants need not show that harm had actually occurred, but that the context of the disclosure request was enough to demonstrate a reasonable risk of harm.

Droit de la protection de la vie privée