Consumer Privacy Protection Act (CPPA) and potential new obligations for businesses
Businesses that previously had few obligations under Canadian privacy law may become significantly impacted by new federal legislation. Bill C-27, introduced on June 16, 2022, seeks to modernize Canada’s now 22-year-old Personal Information Protection and Electronic Documents Act (PIPEDA) wi…
View the post titled Consumer Privacy Protection Act (CPPA) and potential new obligations for businessesFood, drug, and natural product claims
Businesses that advertise food products are subject to myriad regulations with respect to the claims they can make about their products. The law Generally speaking, Food and Drugs Act, Competition Act, and Safe Food for Canadians Act govern advertising concerning food, drugs and natural heal…
View the post titled Food, drug, and natural product claimsBeyond “functional disclosure” – Ontario Court of Appeal applies the rule from Handley Estate in CHU de Québec-Université Laval v. Tree of Knowledge International Corp.
In multi-party litigation, situations may arise where one or more defendants are inclined to settle a plaintiff’s claims while others are not. In these circumstances, the settling defendant may execute a settlement agreement with the plaintiff called a Pierringer agreement. Essentially, Pier…
View the post titled Beyond “functional disclosure” – Ontario Court of Appeal applies the rule from Handley Estate in CHU de Québec-Université Laval v. Tree of Knowledge International Corp.When should I hire a third-party investigator?
You’ve received a harassment complaint by one of your employees and you think, who is going to investigate this? You might feel ill-equipped to deal with the process, perhaps you indirectly report to the respondent, you may have a desk full of urgent work and you cannot clear your schedule t…
View the post titled When should I hire a third-party investigator?Employer Quick Hit: confidentiality, conflict of interest clauses can also threaten your termination provisions
Our Ontario clients are aware that a Court of Appeal decision from 2020, Waksdale, prompted many employers to revise many of their employment contracts. Waksdale confirmed that if any provision of an employment agreement that is relevant to termination of employment violates the Employment S…
View the post titled Employer Quick Hit: confidentiality, conflict of interest clauses can also threaten your termination provisionsThe Ontario Court of Appeal weighs in on sexual harassment and just cause
Termination of employment for cause can seem like an unbelievably high bar for an employer to meet. Fortunately, the Ontario Court of Appeal has released two decisions in the last year that have upheld terminations for cause in circumstances involving sexual harassment and assault. Hucsko v.…
View the post titled The Ontario Court of Appeal weighs in on sexual harassment and just causeCan an employee’s involvement in the Freedom Convoy protests result in their termination of employment?
As we all know, life’s events are constantly being photographed, posted, tweeted, and shared. It seems that keeping our private lives private, has become less and less of a reality as the years go by. As a result, keeping a separation between employees “on-duty conduct” and “off-duty conduct…
View the post titled Can an employee’s involvement in the Freedom Convoy protests result in their termination of employment?Intervenor beware! – Brewers Retail v. Campbell
In Brewers Retail v Campbell, 2022 ONSC 2795, Justice Morgan dealt with costs in “procedurally unusual circumstances”: the Financial Services Regulatory Authority (“FSRA”), Ontario’s pension regulator, was granted intervenor status to oppose a consent motion for certification for settlement …
View the post titled Intervenor beware! – Brewers Retail v. CampbellOntario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESA
Ontario employers are often surprised to learn that there are two different regimes governing employee termination entitlements. At common law, employees are presumptively entitled to “reasonable notice” of termination or pay in lieu unless, among other things, an employee is terminated for …
View the post titled Ontario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESANot all privacy is worthy of protection: Stewart v Demme at the Divisional Court
In Stewart v. Demme, 2022 ONSC 1790, the Divisional Court set aside an order certifying a privacy class action against a hospital and its former employee, Catharina Demme, who was then a nurse. The decision, written for a unanimous panel by Justice Sachs, marks another case in which the Di…
View the post titled Not all privacy is worthy of protection: Stewart v Demme at the Divisional CourtReceive Blog Posts
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