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Banking & Financial Services

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.

Scotiabank announces that it has reached a settlement in overtime class action

Jurisdiction: - Canada/Federal

Scotiabank issued a news releae today announcing that it has settled the Fulawka v. The Bank of Nova Scotia overtime class action that was filed in 2007. The release states:

Scotiabank and the representative plaintiff Cindy Fulawka have reached an agreement to settle the Fulawka v. The Bank of Nova Scotia Overtime Class Action. A hearing for approval of the proposed settlement will take place on August 12. The class action was commenced against the Bank in December 2007 on behalf of certain full-time retail branch bank employees in Canada who held the positions of Personal Banking Officer, Senior Personal Banking Officer, Financial Advisor or Account Manager Small Business.  read more »

Ontario court urges "business transaction" exemption be added to PIPEDA, grants order for disclosure

Jurisdiction: - Canada/Federal - Ontario

In the Matter of an Application Under Rules 14.05(3)(d), 2012 ONSC 2530, a decision issued on April 26, 2012, the Ontario Superior Court of Justice granted an order allowing the vendor financial institution to disclose personal information to the purchaser, pursuant to an asset purchase transaction.

In doing so, the court urged, effectively, for the implementation of "business transaction" provisions such as those found in the BC and Alberta PIPAs, stating:

It is evident from this long list of cases that Farley J. was prescient in suggesting that "this type of situation should be addressed to avoid unnecessary court applications."  I join Farley J. in urging that a route be provided that will permit the disclosure of the necessary personal information in such circumstances as these to avoid wasting the court's time and the parties' funds (at para. 12).  read more »

BCCA upholds ruling that disrespectful, inflammatory letter from employee's lawyer provided just cause

Jurisdiction: - British Columbia

In Grewal v. Khalsa Credit Union, 2012 BCCA 56, the BC Court of Appeal dismissed the appeal of a former branch manager at the Khalsa Credit Union. 

In a May 2011 decision, the trial court had ruled that a disrespectful, inflammatory letter from the employee's lawyer had "tipped the balance" in favour of  the employer having just cause for termination. The trial court's decision can be found here.

Ontario Court of Appeal recognizes tort of invasion of personal privacy in case involving two BMO employees

Jurisdiction: - Ontario

In a decision issued on January 18, 2012 - Jones v. Tsige, 2012 ONCA 32 - the Ontario Court of Appeal recognized the tort of invasion of personal privacy in case involving two BMO employees.

The court then awarded $10,000 in damages to the employee whose privacy has been breached.

For more background on this case, see my May 9, 2011 post here: "Ontario Court of Appeal to consider tort of invasion of privacy in work context case".