confidential information

USCBP updates policy on border searches of electronic devices

January 17, 2018 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Privacy and Security

On January 4, 2018, United States Customs and Border Protection (“USCBP”) updated its official policy on border searches of electronic devices. The new policy directive[1] (the “New Directive”) supersedes its prior policy directive (the “Prior Directive), which was issued on August 20, 2009[2]. The New Directive addresses some, but not all, of the issues that arise in relation to border searches of electronic devices.

border searches of electronic devices, border security, Canada-US border, confidential information, detailed forensic search, employment law, foreign nationals, reasonable suspicion of criminal activity

Browsing history deleted to prevent embarrassment

January 13, 2017 Employer Advisor, McCarthy Tétrault LLP Employee Relations, HR and Technology, HR Policies and Procedures, Human Resources, Privacy and Security, Union Relations

In Catalyst Capital Group Inc v Moyse, 2016 ONSC 5271 the Ontario Superior Court considered whether the defendant, Brandon Moyse, who deleted his Internet browsing history from his personal computer in the face of a preservation order, had intentionally destroyed relevant evidence, giving rise to spoliation. Spoliation is an evidentiary rule that gives rise to a rebuttable presumption that destroyed evidence would be unfavourable to the party that destroyed it.

browser history, Catalyst Capital Group Inc v Moyse, confidential information, employment law, spoliation

Privacy class action to proceed

July 22, 2014 Adam Gorley Employee Relations, HR Policies and Procedures, Human Resources, Privacy and Security

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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The latest Ontario defeat for non-competition covenants

December 10, 2013 Earl Altman Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources

Readers of this blog have read of the difficulty encountered by employers in Ontario in drafting and enforcing non-competition covenants. The obstacles to enforcing such covenants were highlighted in a decision of the Superior Court released on April 5, 2013, the employer was faced with a concerted effort by three of its employees to open a competitive business within its market…

Business, canadian employment law, competition, competitive business, confidential information, employment contracts, employment law, non solicitation covenants, non-competition covenants, ontario, proprietary interest, restrictive covenants, solicitation of former clients, soliciting customers, termination of employment

Supervisor circulated pornography, damaged employment relationship, terminated for cause

March 25, 2013 Adam Gorley Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development

When a workplace supervisor accessed pornographic, racist and other inappropriate material via a work computer and circulated it to employees and employer contacts, the employer had just cause to dismiss him. The employee claimed he was wrongfully dismissed, but the Alberta Court of Queen’s Bench was not convinced and acceded to the employer’s request to dismiss the employee’s claim without trial.

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Slaw: Saskatchewan employer successful in enforcing non-compete clause

November 30, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources

The Queen’s Bench for Saskatchewan just granted an injunction restraining a former employee from competing against his former employer, soliciting the employer’s clients, and using any of the employer’s confidential information he garnered while working with the employer.

competing with the employer, confidential information, conflict of interest, employment contract, employment law, injunction, non-compete clause, post-employment activities of key employees, reasonableness, resignation, restrictive covenants, Saskatchewa, termination

Lack of facts doesn’t keep a good judge down

June 27, 2012 Earl Altman Employee Relations, Human Resources

In a recent decision from the Alberta Court of Queen’s Bench, the judge considered the rights of an employer to claim compensation for an employee who had allegedly stolen a business idea. The facts of the case are not unique; indeed, they arise frequently in the give-and-take between employer and employee.

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Five steps to effective internal investigations

June 19, 2012 Adam Gorley Employee Relations, Health and Safety, Human Resources, Human Rights, Privacy and Security

How often do you undertake an internal investigation? In an environment where employers are under increasingly strict obligations to investigate workplace incidents over an increasing number of issues, employers in Ontario are facing more complaints…

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What’s reasonable when assessing an employee’s fitness to return to work?

March 6, 2012 Christina Catenacci Employee Relations, Human Resources, Human Rights, Privacy and Security, Union Relations

When an employee refused to disclose any medical details prior to returning to work following a leave of absence due to mental disability, the employer was left without the necessary knowledge to determine her fitness to return to her pre-disability leave position and if accommodation was required…

accommodation, collective agreement, confidential information, cooperate during accommodation, Disability, Disclosure of medical information, duty to accommodate, employment law, fitness to return to work, functional limitations, human rights code, independent medical review, invasion of privacy, Jones v. Tsige, mental disability, Ontario Labour Arbitration Board, undue hardship

What’s an Anton Piller order? You’d better know before you face one

March 23, 2011 Andrew Taillon Human Resources, Privacy and Security

Picture the following situation: it’s a normal workday, when suddenly, a large group of people enter your premises. Many of them are wearing uniforms of the Sheriff’s Office. They are led by a lawyer who claims he has an order from the court that allows his party to search your premises and copy and remove any documents they wish. The order from the court he presents to you appears legitimate. What do you do?

Anton Piller order, civil search warrant, confidential information, court order, destruction of evidence, employment law, evidence, evidence preservation order, search warrant, Supreme Court of Canada

Increase in litigation by employers against former employees

November 17, 2010 Andrew Taillon Employment/Labour Standards, Human Resources

In reviewing the cases that come along through the various reporting services, my subjective impression is that there appears to be an increase in litigation by employers against former employees.

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