Can the insurer “spy” on me?
During a personal injury claim, you may discover that you are being followed, videotaped, and photographed. While undoubtedly uncomfortable and intrusive, “surveillance” is legal and is quite common. The purpose and impact of surveillance During a personal injury claim, the lawyer for the defendant insurance company often uses surveillance to challenge the severity of your...
Continue reading the post titled Can the insurer “spy” on me?Privacy pulse: New Ontario OIPC guidance, privilege in data breach investigations and further developments in state privacy law
The Siskinds Privacy, Cyber and Data Governance team is focused on providing businesses and professionals with monthly updates on technology, privacy, and artificial intelligence (A.I.) laws in both the U.S. and Canada. Before diving into this month’s update, I’m pleased to mention I will attend the International Association of Privacy Professionals (IAPP) Canadian Privacy Symposium...
Continue reading the post titled Privacy pulse: New Ontario OIPC guidance, privilege in data breach investigations and further developments in state privacy lawCan a delay in breast cancer diagnosis be a result of medical malpractice?
For many patients with breast cancer an early diagnosis with early treatment can result in an excellent prognosis (there is a 90% to 99% five-year survival rate1 for patients with a stage I or II breast cancer diagnosis). However, a delay in diagnosis can result in a later-stage diagnosis and a poorer prognosis. Early screening...
Continue reading the post titled Can a delay in breast cancer diagnosis be a result of medical malpractice?Privacy laws in Canada: to infinite fees and beyond
If you’re a business that hasn’t dotted the i’s in privacy compliance, then you may have your own Buzz Lightyear—“this is an intergalactic emergency”—moment. Both the Feds and Ontario have proposed new privacy legislation: the Feds introduced the Consumer Privacy Protection Act (“CPPA”) and Ontario countered with a white paper entitled “Modernizing Privacy in Ontario”...
Continue reading the post titled Privacy laws in Canada: to infinite fees and beyondVehicle ‘black boxes’ need tighter rules
Event data recorders (EDRs) that track and improve vehicle safety have become standard in most vehicles. In a recent article by Advocate Daily titled: Vehicle ‘black boxes’ need tighter rules, Siskinds lawyer Peter Dillon addresses privacy concerns regarding EDRs that monitor vehicle behaviour without consent. See the full article below. Vehicle ‘black boxes’ need tighter...
Continue reading the post titled Vehicle ‘black boxes’ need tighter rulesPrivacy pulse: AI arms race, TikTok restrictions, and U.S. legislative developments
Last month, the Siskinds Privacy, Cyber and Data Governance team introduced our Privacy Pulse series, focused on providing businesses and professionals with monthly updates on the world of technology, privacy, and artificial intelligence laws in both the U.S. and Canada. April has been busy, with many updates coming from the U.S. compared to Canada, and the...
Continue reading the post titled Privacy pulse: AI arms race, TikTok restrictions, and U.S. legislative developmentsUpheld: plaintiffs win common issues trial after 24 years of institutional abuse
In Cavanaugh et al. v. Grenville Christian College et al., 2021 ONCA 755, a unanimous Court of Appeal upheld a decision answering five common issues in the plaintiffs’ favour. This was a resounding win for the class. Class proceedings rarely go to trial. In addition to being a rare common issues trial decision, Cavanaugh offers...
Continue reading the post titled Upheld: plaintiffs win common issues trial after 24 years of institutional abuseCould Siri be an inventor?
You’ve probably asked Siri lots of questions, like “what’s the weather outside?” or “how long do you cook a soft-boiled egg?” But what if Siri was a little more sophisticated? What if you could ask Siri to design something or to improve a process? Imagine you were working on something, say an engine, and while building it...
Continue reading the post titled Could Siri be an inventor?Canadian Cook IVC Settlement now open to claims
On July 5th, 2024, a claims filing process became open to Canadians to apply for compensation for injuries suffered following the implant of certain IVC (inferior vena cava) filters—medical devices designed to trap blood clots passing through the IVC, the body’s largest vein. The claims process will give Canadians the chance to apply to have...
Continue reading the post titled Canadian Cook IVC Settlement now open to claimsSue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”
A decision from the Divisional Court last month confirms that defendants cannot avoid litigating against the best-prepared plaintiff by strategically defending (or not defending) certification motions in different jurisdictions. The decision, Kirsh v Bristol-Myers Squibb, 2021 ONSC 6190, upheld Justice Morgan’s refusal to stay an Ontario class action despite the authorization of a nearly identical...
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