- Not-for-profits ~ BEWARE: Federal privacy laws can apply to not-for-profit corporations by Theresa Hartley, April 18, 2022
- You got hacked: Limits on liability - A Case Study of Owsianik v. Equifax Canada Co, and Instrusion of Seclusion by Howard Borlack and Anita Zamani, July 15, 2021
- Open Court Principle Prevails - Case Study: Sherman Estate v Donovan by Howard Borlack and Winona Fitch, June 23, 2021
- Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 by Michael Kennedy, September 28, 2020
- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- Sex, Lies & VideoTape: Where do Canadian's have a reasonable expectation of Privacy , March 18, 2019
- Secrets Between Children and Parents Are Litigation Records of a Children's Lawyer subject to Father's Freedom of Information Request? , June 28, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Eyes Wide Shut: The Best Defence is a Good Offence Cyber Liability by Catherine A. Korte, First Presented at an ORIMS Professional Development Day, May 24, 2018
- Security Breach Reporting Requirements under the PIPEDA starting November 2018 , April 24, 2018
- The IPC clarifies when insurers may and may not collect Health Card numbers , November 02, 2017
- Privacy Law for AB Insurers by Catherine A. Korte, First presented at a client seminar, February 06, 2017
- Back-up Servers and Privacy Legislation: When information is "reasonably retrievable" under the Privacy Act , December 05, 2016
- PIPEDA and the Internal Complaints Process of Insurers and Banks Case Study: Decision from the Office of the Privacy Commissioner of Canada , September 13, 2016
- New Privacy Tort Recognized in Ontario: Jane Doe 464533 v. X , First published in MB Newsletter, February 03, 2016
- What Landlords need to know about PIPEDA by Stephen Barbier, First presented at a Landlords Association of Durham Meeting, March 12, 2015
- Statute and Common Law: Reconciling PHIPA and the tort of Inclusion upon Seclusion by Catherine A. Korte, February 25, 2015
- Cyber Liability by Catherine A. Korte, First Presented at OIAA Provincial Conference, February 09, 2015
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- Eyes Wide Shut: The Best Defence is a Good Offence by Catherine A. Korte, First presented at an MB Client Seminar, September 24, 2014
- Cyber and Privacy Risks: Class Action Exposures by Howard Borlack, First presented at an MB Client Seminar, September 24, 2014
- Not Anonymous Anymore: Managing Privacy Concerns by Matthew Dugas, First presented at an MB Client Seminar, September 24, 2014
- Perspectives on Privacy by Howard Borlack, First published in the Canadian Insurance Top Broker Magazine Feb 2014, February 27, 2014
- Ontario Privacy Laws for Lawyer: Hot Topics in Privacy Law - 1 of 5 , First presented at MB's Privacy and Investigations Seminar , February 03, 2014
- Overview of PIPEDA: Hot Topic in Privacy Law - 2 of 5 , First presented at MB's Privacy and Investigations Seminar , February 02, 2014
- Tort of intrusion upon seclusion (Jones v Tsige): Hot Topics in Privacy Law - 3 of 5 , First presented at MB's Privacy and Investigations Seminar , February 01, 2014
- New Canada Anti-Spam Legislation (CASL): Hot Topics in Privacy Law - 4 of 5 , First presented at MB's Privacy and Investigations Seminar , January 31, 2014
- Key privacy cases for consideration: Hot Topics in Privacy Law - 5 of 5 , First presented at MB's Privacy and Investigations Seminar , January 30, 2014
- Alberta's Personal Information Protection Act Declared Unconstitutional , December 13, 2013
- The Top 5 Tort Cases of the Preceding Year and Ever Increasing Damage Awards and the Future Care Case Law by Martin Smith, September 13, 2013
- Journalist-Confidential Source Privilege May Exist In Canada , Toronto Law Journal, May 31, 2010
PRIVACY LAW & INVESTIGATIONS
- Accident Benefits
- Animal Law
- Appeals
- Automobile Fraud
- Bankruptcy and Insolvency Litigation
- Cannabis Law
- Civil Fraud Recovery
- Class Actions
- Commercial & Business Litigation
- Construction and Infrastructure
- Criminal, Regulatory & Administrative Law
- Cyber Risk
- Debt Collection and Recovery
- Defamation & Reputation Management
- Directors & Officers Liability
- Employment Law
- Energy Law
- Environmental Liability
- Estate & Trust
- Family Law
- General Casualty & Special Risks
- Health, Life & Disability Insurance
- Human Rights, Harassment & Abuse
- Insurance Coverage
- Intellectual Property Litigation
- Landlord and Tenant
- Malpractice & Healthcare Litigation
- Marine Law
- Mediation, Arbitration & ADR
- Municipal Liability
- Not For Profit and Charity
- Personal Injury
- Police Services
- Privacy Law & Investigations
- Product Liability
- Professional Liability
- Property Insurance
- Risk Management Services
- Sports, Recreation & Resort Liability
- Subrogation
- Transportation Law
Practice Areas
Privacy Law and Investigations is an evolving legal subject that is rapidly emerging as its own practice specialty. McCague Borlack LLP has developed an expertise in this area to respond to the proliferation of private sector investigations as impacted by new privacy legislation in Canada.
This legislation directly affects the industry’s service providers, including insurance adjusters, private investigators and claims representatives. It also affects any entity that is entrusted with, and must appropriately handle, personal information of individuals.
Our Privacy Law and Investigations Group has acted for various members of the investigative industry, including the Canadian Independent Adjusters Association, the Canadian Association of Special Investigative Units, and the Council of Private Investigators.
We have also acted for companies seeking to draft and implement appropriate privacy policies and practices. Finally, we have assisted insurance companies in the drafting of liability policies geared towards breach of privacy claims. Our lawyers have particular experience with the following matters:
- complaints to both the Ontario and Federal Privacy Commissioner’s Office under the Personal Information Protection and Electronic Documents Act (PIPEDA);
- PIPEDA and Freedom of Information applications;
- invasion of privacy claims;
- defamation claims;
- malicious prosecution claims;
- false arrest, false imprisonment, and excessive use of force claims; and
- negligent investigation claims;
- conspiracy claims.
Because investigations should be conducted under the protection of litigation privilege, we work directly with investigative specialists to help them provide their services in a legally effective manner. We specifically assist investigators and adjusters with the taking of statements under oath from insureds that are suspected of making fraudulent claims.
Through our national and international contacts within the investigative industry, we also facilitate and oversee:
- surveillance;
- the locating of assets and persons;
- interviewing of witnesses and suspects;
- database, hard drive, and email mirroring and surveillance; and
- internet, public databank, and media investigations.
TORONTO - 416.860.0001 OTTAWA - 613.569.2855 KITCHENER - 519.340.0500 BARRIE - 705.481.0240 LONDON - 226.781.2127