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Alberta

Anton Piller Order upheld against ex-employee suspected of taking confidential information, company property

Jurisdiction: - Alberta

In Peters & Co Limited v Ward, 2015 ABCA 6, the Alberta Court of Appeal upheld the lower court's decision to issue an Anton Piller Order to an investment firm that had presented evidence that an employee, who had resigned to work for a competitor, had removed confidential company information and property.

The Anton Piller Order permitted the search and seizure of the ex-employee's residences, vehicles, computer and other digital storage devices, and an office building, for the property.

Alberta Information and Privacy Commissioner comments on proposed amendments to Alberta PIPA

Jurisdiction: - Alberta

The Alberta Information and Privacy Commissioner's office issued the news release below today (November 20, 2014) in relation to proposed amendments to the Alberta Personal Information Protection Act.

The proposed amendments have been tabled by the Alberta government in response to a decision issued by the Supreme Court of Canada in December 2013. See my post here: "SCC rules that AB PIPA violates freedom of expression in the labour relations context; PIPA struck down".

The proposed amendments also follow a letter that the Alberta Commissioner, Jill Clayton, wrote in December 2013, following the Supreme Court of Canada's decision. See my post here:"Alberta Privacy Commissioner pens letter regarding how to make Alberta PIPA constitutionally compliant"

NEWS RELEASE

November 20, 2014  read more »

Alberta Court of Appeal agrees that Syncrude had just cause to dismiss senior employee for sexual harassment

Jurisdiction: - Alberta
Sector: - Oil & Gas

In Clarke v Syncrude Canada Ltd, 2014 ABCA 362, the Alberta Court of Appeal agreed that Syncrude Canada Inc. had just cause to dismiss a 55 year old assistant comptroller who engaged in sexual harassment.

The appeal court summarized the former employee's misconduct and the company's response as follows:

[3]                  The facts are fully set out in the trial reasons, so only a brief summary of the facts is necessary here. Clarke began employment with Syncrude in 1983. When terminated in 2005, he was 55 years old, an assistant comptroller and Syncrude's key contact with its pension fund administrator.  read more »

Class action lawsuit launched against Canadian Hockey League for breach of employment standards obligations

Ontario lawyer Ted Charney, Charney Lawyers, announced that he has filed a class action lawsuit against the Canadian Hockey League for breach of employment standards legislation as it relates to the junior hockey players who play in the league. This is his press release:

CHL CLASS ACTION LAUNCHED TORONTO, October 20, 2014 - A class action has been commenced on behalf of all players in the Ontario Hockey League (OHL), Western Hockey League (WHL), and the Quebec Major Junior Hockey League (QMJHL) who entered into contracts with the teams in those leagues. It is alleged that the contracts with the players are employment contracts that contravene the minimum wage set by the legislation governing each jurisdiction where a team is domiciled.

The defendants are the Canadian Hockey League, the OHL, the WHL, the QMJHL, and the sixty teams that play in each of these leagues.  read more »

Alberta Privacy Commissioner pens letter regarding how to make Alberta PIPA constitutionally compliant

Jurisdiction: - Alberta

In Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, the Supreme Court of Canada ruled that the Alberta Personal Information Protection Act ("PIPA") violated section 2(b) of the Charter of Rights and Freedoms and could not be saved under section 1 of the Charter. See my full entry on this cae here: "SCC rules that AB PIPA violates freedom of expression in the labour relations context; PIPA struck down".

In a letter that was published on January 14, 2014, the Alberta Information and Privacy Commissioner has now advised the Alberta government on what changes she thinks should be made to the Alberta PIPA to allow it to be constitutionally compliant. The letter, dated December 20, 2013, can be found here.

SCC rules that AB PIPA violates freedom of expression in the labour relations context; PIPA struck down

Jurisdiction: - Alberta

In Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, the Supreme Court of Canada ruled that the Alberta Personal Information Protection Act ("PIPA") violated section 2(b) of the Charter of Rights and Freedoms and could not be saved under section 1 of the Charter.

Specifically, the Court stated:

37. PIPA imposes restrictions on a union's ability to communicate and persuade the public of its cause, impairing its ability to use one of its most effective bargaining strategies in the course of a lawful strike.  In our view, this infringement of the right to freedom of expression is disproportionate to the government's objective of providing individuals with control over personal information that they expose by crossing a picketline.  read more »