Skip to Content

Computer Use & Social Media

BC Human Rights Tribunal reviews social media request for legal advice to determine if communication privileged

Jurisdiction: - British Columbia

In Hov v. School District No. 43 and another, 2017 BCHRT 162, the complainant sought disclosure of a conversation conducted via Facebook Messenger by an individually named respondent, in which the respondent sought, and seemingly obtained, legal advice from an Ontario lawyer.

The respondents claimed solicitor-client privilege over the communications but the Tribunal ordered the conversations to be disclosed directly to the Tribunal so they could assess if the documents should be protected by privilege. The Tribunal's rationale was that there was an insufficient description of the communications and they were unable to determine if they should be protected. 

Interestingly, the lawyer affirmed by affidavit that he was was providing legal advice within the communications. Query whether providing details of the communications between a lawyer and their client would undermine the underlying claim to privilege. 

Has the arrival of Uber generated any employment law issues in Canada?

Jurisdiction: - Ontario
Sector: - Local Government

In two posts on June 17, 2015, I noted that the California Labor Commission had ruled that an Uber driver was an employee not a contractor, and thus entitled to be reimbursed for her driving related expenses.

I am not aware of any similar Uber "employee / contractor" cases in Canada. However, Uber's arrival in this country has sparked at least one employment law "debate" that played out in Toronto in April and May of this year.

On April 2, 2015, City of Toronto Councillor Jim Karygiannis (Ward 39, Scarborough-Agincourt) announced that he intended to introduce a motion to remove the Uber app from City owned smartphones issued to employees.

This is the news release that he issued:

Karygiannis expects to introduce Council Motion to remove Uber application from City-owned smartphones

TORONTO - Jim Karygiannis, Councillor for Ward 39, Scarborough-Agincourt, expects to introduce a Motion at the May City Council Meeting, with respect to removing the Uber application from City-owned smartphone devices.  read more »

Employee's pornography viewing at work not linked to recognized disability; dismissal upheld by arbitrator

Jurisdiction: - British Columbia
Sector: - Health Care

Interior Health Authority (South Similkameen Health Centre) and Hospital Employees' Union, (R.P. Discharge) [2013] B.C.C.A.A.A. No. 44 (Kate Young)