Common Law Tort of Invasion of Privacy: while British Columbia, Saskatchewan, Manitoba and Newfoundland all have general privacy legislation creating a statutory tort or civil right of action for invasion of privacy, most other Canadian jurisdictions do not have comparable legislation although they may have some statutory administrative schemes that govern and regulate privacy issuesContinue reading “Common Law Tort of Invasion of Privacy”
Privacy in the Workplace: Use of spyware surveillance
Workplace use of spyware surveillance in BC The issue of employees’ misusing company computers is commonplace. In 2000, Xerox was monitoring all of its 92,000 employees’ computer usage and terminated 40 employees in the United States for accessing pornography on work time[1]. Similarly, the luxury automobile company, Rolls Royce, suspended 14 employees for inappropriate useContinue reading “Privacy in the Workplace: Use of spyware surveillance”
Is the “Our Team” section of your website creating a liability under the PIPA?
Company websites are ubiquitous. They are a necessary form of marketing in any industry. One of the methods of exploiting the value of this medium is to use images and videos of employees as part of the advertisement: as a friendly face on display under the “Our Team” section; or as free models and actorsContinue reading “Is the “Our Team” section of your website creating a liability under the PIPA?”
Role of an Effective Mediator – Separating Positions from Interests
Herb Silber is a graduate of the Harvard School of Negotiation Mediation Program An effective Mediator knows that often the parties’ bargaining positions are not reflective of what truly stands behind their positions. While on the surface it may seem that the issue is simply dollars and cents, the fact is that their positions areContinue reading “Role of an Effective Mediator – Separating Positions from Interests”
Employees or Contractors? The importance of determining employment status
How do you determine whether a worker is an employee or a contractor? As a business owner hiring or engaging workers to provide services, it is important that you determine whether the workers providing services to your business are employees or independent contractors. Determining Employment Status: Considerations for Employers Here are some thingsContinue reading “Employees or Contractors? The importance of determining employment status”
Use of the corporate form by an employee to bill his employer is not determinative
In Kordish v. Innotech Multimedia Corp.[1], to obtain tax advantages including the ability to deduct his expenses, Mr. Kordish formed a single shareholder corporation, Kortech Inc., and with the consent of his employer, Innotech Multimedia Corp. (the “Employer”), provided his services to the latter through this corporate vehicle. He invoiced the Employer for his servicesContinue reading “Use of the corporate form by an employee to bill his employer is not determinative”
Parting Common Law Partners in Canada – A “Common Sense” Approach to Division of Assets
In companion rulings made February 18, 2011, the Supreme Court of Canada clarified the law relating to property division resulting from the breakdown of a common law relationship: Kerr v Baranow; Vanasse v Séguin, 2011 SCC 10. The Court first noted that common law partners’ rights were traditionally based on the principles of resulting trustContinue reading “Parting Common Law Partners in Canada – A “Common Sense” Approach to Division of Assets”
The Mediator as Transmitter and Translator of Information
Herb Silber is a graduate of the Harvard School of Negotiation Mediation Program As mentioned in my earlier post The Mediator as a Facilitator, one of the challenges in mediation is how to deal with the breakdown in communication and trust between the parties. As is often the case, they may not have spoken sinceContinue reading “The Mediator as Transmitter and Translator of Information”
Individual harm required for defamation case to succeed (Malhab v Diffusion Métromédia CMR)
The Supreme Court of Canada, in a recent decision favouring freedom of speech, has ruled against a claim that assumed injury to groups of people from inaccurate and hurtful comments intended to malign the group. In Malhab v Diffusion Métromédia CMR, a radio show host radio host known for his provocative remarks made accusations concerning Montréal taxi drivers whose mother tongue is Arabic orContinue reading “Individual harm required for defamation case to succeed (Malhab v Diffusion Métromédia CMR)”
Role of an Effective Mediator – The Mediator as a Facilitator
Herb Silber is a graduate of the Harvard School of Negotiation Mediation Program As an effective mediator, one needs to be able to facilitate the dialogue between the parties. This may be the only time the parties have faced each other since the dispute arose. Thus, the effective mediator must try to keep theContinue reading “Role of an Effective Mediator – The Mediator as a Facilitator”