Privacy Law – Rogers Partners LLP

Fridays with Rogers Partners

rpllpadmin — Fri, 14 Oct 2022 21:27:00 +0000

At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court in Hawke v. Western University, 2022 ONSC 5243. Overview This case involved a complaint regarding the collection of private health information by Western University pursuant to its COVID-19 Vaccination Policy published August 22, 2022. Background Effective August 22, 2022, the […]

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Meryl Rodrigues Published in Canadian Journal of Insurance Law

rpllpadmin — Fri, 09 Sep 2022 07:00:00 +0000

An article by Meryl Rodrigues, “Court of Appeal Upholds Coverage Denial for Intrusion Upon Seclusion“, has been published in Canadian Journal of Insurance Law. The article addresses an appeal of a duty to defend action commenced by a nurse against a commercial liability insurer. The nurse had wrongfully accessed the records of more than 11,000 […]

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New Light for the Tort of False Light? British Columbia Supreme Court Recognizes False Light as Potentially Tenable Privacy Claim

rpllpadmin — Wed, 16 Mar 2022 22:36:22 +0000

By Christopher MacDonald On February 7, 2022, the Supreme Court of British Columbia recognized the tort of false light as a potentially legally tenable claim for the first time in the decision of Durkin v. Marlan, 2022 BCSC 193. As discussed below, the Durkin decision shows that the trend across provincial jurisdictions towards the increased […]

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Federal Privacy Commissioner Calls for Updated Federal Privacy Laws amidst Inconsistent Provincial and Territorial Privacy Protection Frameworks

rpllpadmin — Wed, 15 Dec 2021 22:42:06 +0000

By Christopher MacDonald Last week, on December 9, 2021, the Privacy Commissioner of Canada, Daniel Therrien, published his final annual report wherein he called upon the federal government to “bring Canada into the modern era by adopting rights-based privacy laws that will reflect Canadian values and support responsible innovation.” The Commissioner pointed to successive large […]

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Small Claims Court Elaborates on Scope of New Privacy Tort

rpllpadmin — Wed, 28 Jul 2021 21:40:03 +0000

By Chris MacDonald In 2018, a new tort of public disclosure of private information was recognized by the Ontario Superior Court in Jane Doe 72511 v N.M., 2018 ONSC 6607. In this decision, the defendant was found liable for uploading an intimate video of the plaintiff on an explicit website without the plaintiff’s knowledge or […]

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Court Approves $23 Million Settlement of Bank Cyber Breach Class Actions

rpllpadmin — Wed, 28 Apr 2021 14:05:21 +0000

By Andrew Yolles The Ontario Superior Court recently released joint decisions in Mallette v. Bank of Montreal, 2021 ONSC 2924, and Bannister v. Canadian Imperial Bank of Commerce, 2021 ONSC 2927, approving the settlement of both class actions arising from a data breach that occurred at BMO and CIBC in May of 2018. Background On […]

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Canada Gets Serious About Digital Privacy

rpllpadmin — Mon, 11 Jan 2021 03:00:00 +0000

By Tom Macmillan In today’s digital society, we give our personal information to organizations all of the time, sometimes unknowingly. Even when we provide an organization with consent to collect our personal information, we often do not know how it is being used or whether it is being shared with others. Other jurisdictions have stringent […]

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