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Public disclosure of private facts: New class action certification

I have a particular interest in technology and its impact on the workplace. A key consequence of the impact of technology is our evolving relationship with privacy rights. As our lives become more digital, our privacy is more difficult to control. Deactivating my Facebook account is not the same as drawing the shades on my front window. Who knows where all that data continues to hang out online and who has access to it?


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Privacy class action to proceed

Canada will see its first class action lawsuit based on the new tort of invading another’s privacy, after a Bank of Nova Scotia employee leaked customers’ personal information to his girlfriend for personal gain. At least 138 customers were subsequently defrauded. Ontario’s Superior Court accepted that the employer was vicariously liable for the employee’s actions […]


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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with a privacy class action lawsuit; the meaning of substantially gainful employment under CPP; and the taxability of forgoing a non-cash gift.


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Learn the latest! — Workplace health and safety inspections and investigations

2014 Ontario Employment Law Conference

Courts across Canada have been imposing record high fines and sending business owners, managers and supervisors to jail for Occupational Health and Safety (OH&S) contraventions. The Courts have also made it clear that it will be appropriate in some cases to impose a fine which has the effect of bankrupting an employer. A Court has also held that the Ministry of Labour itself could be liable to accident victims for damages resulting from negligent inspections.


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Slaw: Superior court of justice certifies a class action for wrongful dismissal against IQT

On January 2, 2014 Justice Perell of the Ontario Superior Court of Justice certified a class proceeding by 527 wrongfully terminated employees led by Bob Brigaitis and Cindy Rupert against their now bankrupt employer, IQT Solutions and the officers, directors, shareholders…


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Class action certified in Elliot Lake mall roof collapse: Claim of negligent inspection against MOL

On February 13, 2014, the Ontario Superior Court of Justice released its decision in Quinte v. Eastwood Mall and certified a class action against the owners of the Mall, the City of Elliot Lake and the Ontario Ministry of Labour. The action was brought by two business owners in the Mall.


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Overtime class action certification order slammed by Court of Appeal

Ontario’s Court of Appeal has just decided that the overtime pay claims of a group of front-line supervisors at Canadian National Railway lacked commonality; hence, overturning a lower court decision that had certified a “misclassification” overtime class action against CN. The supervisors claim CN excluded them from overtime pay by calling them “managers” when they were not.


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CIBC investment advisors unpaid overtime class action not appropriate for certification

CIBC bank sign

Another group of CIBC employees wanted to certify a proposed class action involving unpaid overtime, where the employees alleged that CIBC classified them wrongly as ineligible for overtime pay. The Ontario Superior Court of Justice decided that this action was not suitable for certification as a class action because there was no commonality between class members (it could not be decided on a common basis).


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