Duty to Accommodate: When Childcare Intersects with Employment Responsibilities

The duty to accommodate an employee with childcare responsibilities is not unlimited. The recent decision of Aguele v. Family Options Inc., 2024 HRTO 991[1] from the Human Rights Tribunal of Ontario (“HRTO”) provides some insight for employers responding to requests for schedule changes from employees with childcare responsibilities. Case Summary: The employer provided housing and […]

July 22, 2024

Contract Clarity: Navigating Employment Agreements with Certainty

For non-unionized employees, having employment contracts in place is imperative to limit liability and uncertainty. In addition to controlling entitlements upon termination of employment, well drafted employment contracts can also limit other sources of liability for employers, which can surface even following the end of employment. It is not just the wording of the contract […]

Legal Authority and Consent in Generative AI: Ensuring Compliance and...

As businesses in Canada continue to uncover the potential of generative artificial intelligence (AI), understanding the legal underpinnings of authority and consent becomes paramount. This article explores these concepts within the framework of the Office of the Privacy Commissioner of Canada’s principles, providing actionable insights and practical examples to guide businesses in their compliance efforts. […]

Privacy Law and PIPEDA: Common questions asked by businesses

As someone practicing for several years in the field of privacy law, I am asked to provide advice and to answer a variety of questions from both clients and other legal professionals on a myriad of privacy, access to information, and cyber liability related topics. The purpose of this article is to provide insight into […]

Introduction to OPC’s Generative AI Principles: A Guide for Canadian...

In late 2023, the Office of the Privacy Commissioner of Canada (OPC) introduced a comprehensive set of principles aimed at guiding the responsible, trustworthy, and privacy-protective development and use of generative artificial intelligence (AI) technologies. This initiative reflects a proactive stance by Canadian privacy regulators to address the complex challenges and opportunities posed by the […]

Canada’s Artificial Intelligence and Data Act (AIDA) 2024: A Comprehensive...

Introduction to AIDA In a pivotal move to navigate the rapidly evolving landscape of artificial intelligence (AI), Canada introduced the Artificial Intelligence and Data Act (AIDA) as part of Bill C-27, the Digital Charter Implementation Act, 2022. Marking a significant stride towards a regulatory framework, AIDA ensures the safe and responsible development and deployment of […]

Video Surveillance in the Workplace

The use of surveillance cameras has increased along with other digital technology. They are a common feature in most businesses and busy roadways. They have also become popular for personal use with products like dash cams and home security systems. As the digital world creeps into our privacy, the balance of management rights and the […]

Changes to privacy laws are coming: How to prepare your...

Changes to privacy laws are coming: How to prepare your organization for Bill C-27 (Digital Charter Implementation Act, 2022).

Secretly Recording Workplace Conversations Can Result in Termination

In recent years, there has been an increase in the prevalence of employees secretly recording conversations in the workplace. While it is not unlawful for a conversation to be recorded when only one person is aware that the recording is being taken, the undisclosed recording of conversations can raise privacy concerns. The recent decision of […]

Labour Arbitrators, not Human Rights Tribunals, have exclusive jurisdiction over...

On October 22, 2021, the Supreme Court of Canada released the decision of Northern Regional Health Authority v Horrocks, 2021 SCC 42 in which it explained that human rights tribunals are without jurisdiction to consider human rights disputes arising from the interpretation, application or alleged violation of a collective agreement. Such issues fall within the […]