The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP
Affleck Greene McMurtry LLP
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B.C. Court of Appeal confirms that secretly recording conversations with Co-workers can be just cause for dismissal

Jeanette Saliba, Articling Student

In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (CanLII), the British Columbia Court of Appeal affirmed the lower court’s decision that the employee’s surreptitious recordings of his colleagues constituted just cause for his dismissal. Background The appellant, Mr. Shalagin, became a Chartered Professional Accountant and was employed by the respondent Mercer Celgar Limited Partnership as a financial analyst for ten years. He was not asked to sign a written employment contract; however, he was bound by Mercer’s policies, including a Code of Business Conduct and Ethics, and a confidentiality policy.[1] He was also subject to the Chartered Professional Accountants ... [more] Full article

A New Privacy Tort in Ontario: Publicity placing the Plaintiff in a False Light

In December 2019, a Superior Court judge awarded damages for the first time for a new privacy tort (“Publicity which places the plaintiff in a false light in the public ... [more] Full article

How Serious Must a Breach of Privacy be to Certify a Class Action?

In 2012, the Ontario Court of Appeal changed the face of privacy law in Ontario by creating a tort called “intrusion upon seclusion”. The tort, set out in the decision ... [more] Full article

Canada lags behind European countries in recognizing the Right to be Forgotten

A recent decision by Germany’s Constitutional Court that a convicted murderer has the “Right to be Forgotten” highlights the latest development in EU Privacy Law. It also underlines how far ... [more] Full article

Privacy Law Contributors