Recent Articles

Ontario CA comments on departing fiduciary’s information-related duties

Dan Michaluk
March 21, 2012 06:39

Yesterday, the Ontario Court of Appeal issued a decision in which it held that a trial judge erred in “blue penciling” a non-competition clause to render it enforceable. It also held that a departing fiduciary does not breach the duty to compete fairly by (1) merely taking confidential...

Court dings departed employee for intentional spoliation

Dan Michaluk
March 14, 2012 02:09

On March 7th, the Alberta Court of Queen’s Bench found a departed employee in contempt for counseling a contact to destroy evidence for the purpose of interfering with the administration of justice. The Court ordered the employee: to produce any and all computers and electronic media in his...

Civil action based on MFIPPA breach tossed

Dan Michaluk
March 02, 2012 11:11

On February 10th, the Ontario Superior Court of Justice struck a claim that alleged a breach of the privacy part of the Municipal Freedom of Information and Protection of Privacy Act because an alleged breach of statute cannot found a civil cause of action. Sampogna v Smithies, 2012 ONSC 610.On...

Ontario CA opens up the advice and recommendation exemption

Dan Michaluk
February 25, 2012 02:06

Today the Court of Appeal for Ontario took a significant step to clarify the scope of the “advice and recommendation exemption” in Ontario access-to-information legislation. It held that the Information and Privacy Commissioner/Ontario erred in applying an extremely restrictive...

Ontario arbitrator says Jones v Tsige doesn’t matter

Dan Michaluk
February 24, 2012 02:49

On February 22nd, Ontario arbitrator George Surdykowki held that the Court of Appeal for Ontario’s recognition of an “intrusion upon seclusion” tort does not change rights and obligations related to the use of employee medical information for employment purposes. He said: I agree...

Backup tape searches extraordinary, but searches required at a fee if wanted or needed

Dan Michaluk
February 16, 2012 20:10

The IPC/Ontario issued a significant “e-FOI” decision on February 9th. Here is what it said about retrieving e-mails from backup tapes: In general, an access request for emails does not require a routine search of backup tapes for deleted emails unless there is a reason to assume that...

SCC issues comprehensive third-party information exemption decision

Dan Michaluk
February 04, 2012 14:11

Yesterday the Supreme Court of Canada issued a comprehensive decision on the third-party information exemption in the federal Access to Information Act. Although the third-party, research based pharmaceutical company Merck, lost its appeal, the decision establishes decent procedural and substantive...

Non-party privacy tips the balance in favour of Anton Piller

Dan Michaluk
February 02, 2012 01:23

On November 23rd of last year the Alberta Court of Queen’s Bench issued an Anton Piller order based significantly on a concern for the privacy interest of customers whose information the plaintiff alleged had been stolen. The plaintiff is a BMW dealership that was confronted with a...

Ontario IPC orders institution to validate authenticity of record

Dan Michaluk
February 01, 2012 01:16

The Information and Privacy Commissioner/Ontario issued a notable “e-FOI” order on January 19th. The IPC ordered the Ministry of Community Safety and Correctional Services to validate the authenticity of a 911 call recording that it provided to a requester. The Ministry filed an...

Arbitrator denies production to challenge youth’s credibility

Dan Michaluk
January 22, 2012 14:54

On October 15th of last year Arbitrator Joseph Carrier denied a production request that sought a variety of records relating to a resident of a facility for young offenders. The request was made before a hearing of a discharge grievance. The employer terminated the grievor based on evidence...