Lyndsay Wasser Photo
Lyndsay Wasser Photo
Lyndsay Wasser Photo

Lyndsay leads McMillan’s Data Management Group nationally. She is a strategic advisor to organizations in the technology industry, and companies in all industries that collect, use, store and otherwise process personal information. She provides practical advice and solutions that allow clients to leverage data while meeting their regulatory obligations and maintaining consumer trust, based on her in-depth knowledge of privacy, data protection and cybersecurity laws across Canada.

Lyndsay helps clients conduct privacy impact assessments and develop comprehensive privacy compliance and vendor management programs, including designing appropriate policies and procedures, training, and template documents. With over 15 years of experience in privacy and data protection law, Lyndsay advises on a broad range of matters, including requirements and restrictions related to obtaining valid consent to process personal information, data security, employee privacy, handling sensitive personal information (including personal health information, financial information, biometrics, and demographic data), data analytics, web scraping, electronic monitoring, background checks, social media, smart homes, smart cars, IoT, AI, and transferring personal information across borders. She is adept at coordinating legal strategy with counsel in other jurisdictions, as well as assisting organizations to understand and reconcile differences between Canadian laws and legal requirements in other countries.

Lyndsay is an experienced data breach coach who assists clients with navigating risk assessments, executing response and mitigation strategies, meeting reporting obligations, and communicating with regulators. She also regularly drafts and negotiates data processing agreements, as well as privacy and data protection terms in a wide variety of commercial and consumer contracts. In addition, she provides advice and assistance on the privacy and data protection aspects of corporate transactions.

Lyndsay is co-author of Privacy in the Workplace, 4th ed., and Canadian chapters in the International Comparative Legal Guides on Cybersecurity (2020/2021) & Data Protection (2021/2022). She has been recognized by Best Lawyers in Canada in Privacy and Data Security Law (2022/2023), as a Mondaq Thought Leader for Data Protection, Canada (2021), by Thomson Reuters Stand-Out Lawyers (2021/2022), in the 2022 Canadian Legal Lexpert Directory for Data Privacy and in the 2022 Lexpert Special Edition on Canada’s Leading Technology & Health Sciences Lawyers. She is Chair of the Data Breach committee of PrivacyRules, a global alliance of privacy professionals, as well as Co-Director of the Osgoode Certificate in Privacy and Cybersecurity Law. She has been a Certified Information Privacy Professional/Canada through the International Association of Privacy Professionals since 2013.

In addition to her Data Management practice, Lyndsay counsels employers in all areas of employment law, including hiring, employment agreements, incentive compensation plans, performance management, terminations, employment standards and human rights laws.



Representative Matters

Corporate Transactions

  • Acted for Roseburg Forest Products, in connection with its first international acquisition of Pembroke MDF, an Ontario MDF and molding facility.

Cases

  • Harper v Ludlow Technical Products Canada Ltd, 2011 CanLII 73172 (ON LRB)
  • Critical Path Couriers Ltd., 2011 CIRB 604 (CanLII)

Speaking Engagements

Effective Cyber Solutions to Prevent a Data Breach: What Insurance Companies Should Foresee, Speaker at Privacy Rules Cybersecurity Partnership Program

September 29, 2021

Data Breaches & Cybersecurity Incidents: The Legal Guide to Preparedness and Response Osgoode Professional Development Program

November 20, 2020

Privacy Across Borders: Privacy and Access to Information Law Section Ontario Bar Association

September 17, 2020

Preparing Your Organization for the Next Crisis International Foundation of Employee Benefit Plans

July 16, 2020

Privacy Best Practices PrivacyConnect Online Toronto

June 19, 2020

Today's Privacy Challenges: Remote Workforces, Consent and Sensitive Personal Information OBA Privacy and Access to Information Law Program , Webcast

April 1, 2020

2019 Year in Review: Privacy, Data Protection & Cybersecurity McMillan LLP, Toronto

February 4, 2020

Global Privacy Compliance Seminar A McMillan LLP and PrivacyRules Special Event

November 7, 2019

General Data Protection Regulation (GDPR), Product Liability, and Recalls Product Liability Conference, Austin, TX

February 7, 2019

The Regulatory and Legal Landscape for Businesses Cybersecurity for Business Leaders, The Globe and Mail's Cybersecurity for Business Leaders Summit

November 8, 2018

Data Governance and Management: Collection, Storage & Transfer of Data in Canada 2018 CAN-TECH LAW 22nd Annual Conference

October 29, 2018

Investing in the Canadian AI Ecosystem The CANADA AI Summit

October 25, 2018

The Evolving Landscape of Cybersecurity Law in Canada: new breach notification obligations and guidance from the regulators Association of Corporate Counsel Conference

October 2, 2018

Cybersecurity AI World Forum, Toronto, Ontario

November 27, 2017

FinTech Regulation and Privacy Canadian Lenders Summit, Toronto

October 26, 2017

Privacy Law Update 2017 Ontario Connections Conference - Access, Privacy, Security, Records Management, Toronto, Ontario

June 6, 2017

Legal Implications of Cybersecurity ACFI Annual Fraud Conference, Toronto, Ontario

May 1, 2017

Privacy Law Update 2016 Ontario Connections, Access, Privacy, Security & Records Management Conference

June 7, 2016

Current Issues in Privacy Law and CASL IT Law Spring Forum 2016

May 16, 2016

Cybersecurity Landscape in 2015 – Recent Trends and Developments Toronto Computer Lawyers' Group, Toronto, Ontario

November 19, 2015

Privacy in the Workplace CCH Webinar with colleague Éloïse Gratton

January 16, 2014

Workplace Privacy - Social Media Checks Lexpert Seminar on Information Privacy and Data Protection

December 9, 2013

Social Media Background Checks in Canada - Do the Risks Outweigh the Rewards? CCCA National Spring Conference

April 2013

Preventing and Responding to Privacy Breaches in the Workplace Lexpert course on Information Privacy and Data Protection: Technology, Security and Corporate Responsibility in Today's Marketplace

November 6, 2012

Privacy 102: Identifying and Developing Role-Specific Privacy Education Speaker at IAPP Canada Privacy Symposium 2012

May 2012

Employee Privacy Speaker at Workplace Privacy: Information Privacy and Data Protection Course, Lexpert

December 2011

Summary Judgment and Mini Trials in Employment Law Cases Speaker at 12th Annual Employment Law Summit (Law Society of Upper Canada)

October 2011

Summary Judgement and Mini Trials in Employment Law Cases 12th Annual Employment Law Summit

October 1, 2011
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News


Media Mentions


Rankings & Recognitions

Lyndsay is the recipient of multiple Awards in Law, including the Bronze Medal and prizes for placing first in first year law at Osgoode Hall Law School. A complete list of her legal Awards is as follows:

  • Recognized by Best Lawyers in Canada (2023) as a leading lawyer in the area of Privacy and Data Protection
  • Recognized in the 2022 Lexpert Special Edition on Canada’s Leading Technology & Health Sciences Lawyers
  • Recognized in the 2022 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the area of Data Privacy
  • Thompson Stand-Out Lawyers (2021 and 2022)
  • Recognized by MONDAQ Thought Leadership Award (2021) for Data Protection as #1 lawyer in Canada
  • Recognized by Best Lawyers in Canada (2022) as a leading lawyer in the area of Privacy and Data Protection
  • Acritas Stars: Recognized as a Star Lawyer in 2021
  • The Bronze Medal, Osgoode Hall Law School
  • Carswell Prize – for placing first in first year law at Osgoode Hall Law School
  • McCarthy Tetrault Prize – for placing first in first year law at Osgoode Hall Law School
  • McMillan Prize in Contracts
  • STEP Prize for Trusts and Estates
  • Martin J. Rochwerg Prize in Tax, Estates & Trusts Law
  • Shibley Righton LLP Prize in Taxation

Directorships & Affiliations

  • International Association of Privacy Professionals, Certified Information Privacy Professional/Canada
  • Ontario Bar Association
  • Canadian Bar Association
  • Advisory board member of The Osgoode Certificate in Privacy & Cybersecurity Law (2021 and 2022)
  • Co-director of The 2023 Osgoode Certificate in Privacy & Cybersecurity Law
  • Faculty member of the Fundamentals of Data Breaches & Cybersecurity Incidents: Online Primer and Data Breaches & Cybersecurity Incidents: The Legal Guide to Preparedness and Response programs

Education & Admissions

2013
Certified Information Privacy Professional/Canada International Association of Privacy Professional
2004
Called to the Ontario Bar
2016
Certificate in Pension LawOsgoode Hall Law School,
2003
LLBOsgoode Hall Law School
2000
BA, Psychology (summa cum laude)York University, Specialized Honours

Publications

Insights (69 Posts)

Featured Insight

Privacy, Technology and Cybersecurity Issues in Tech Transactions

Full evaluation of a target's privacy, technology and cybersecurity compliance in due diligence is critical for transactions involving technology companies.

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Dec 6, 2022
Featured Insight

The Exclusion of Intrusion Upon Seclusion: Ontario Court of Appeal definitively determines that “Database Defendants” cannot be held liable for intrusions committed by third-party hackers

The Court of Appeal for Ontario released a trio of decisions that materially impact the viability of class actions following a data breach.

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Dec 1, 2022
Featured Insight

McMillan’s Annual Privacy, Data Protection and Cybersecurity Client Seminar

Join McMillan's Privacy & Data Protection Group on Wednesday, December 7th for an overview of recent significant legal developments, tips on complying with new and forthcoming obligations under Quebec’s Bill 64, and discussions about hot topics in data management.

Details
Wednesday, December 7, 2022
Featured Insight

Privacy Reform is on the Table Once More: Canada Introduces the Digital Charter Implementation Act, 2022

New federal privacy legislation has been introduced. If passed, Bill C-27 will materially change the legal landscape for privacy and data protection in Canada.

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Jun 22, 2022
Featured Insight

Data Collection and Protection in the Automotive Sector

Join us on Thursday, April 28, 2022 as members of McMillan's Privacy & Data Protection Group discuss privacy and data protection issues relevant to the automotive industry.

Details
Thursday, April 28, 2022
Featured Insight

Urgent Cybersecurity Alert Regarding Apache Log4j

Canada’s Minister of National Defence has issued a statement regarding a recently identified critical vulnerability in the Apache Log4j logging product.

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Dec 13, 2021
Featured Insight

McMillan’s Annual Privacy, Data Protection and Cybersecurity Webinar

Our lawyers will provide an overview of important case law developments, regulatory guidance, upcoming statutory changes, and hot topics in Privacy, Data Protection & Cybersecurity

Details
Wednesday, November 10, 2021
Featured Insight

Is Private Sector Privacy Legislation Looming in Ontario?

Ontario government seeks input on privacy policy proposals, signaling that Ontario private sector privacy legislation may be on the horizon

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Jul 5, 2021
Featured Insight

McMillan’s Automotive Industry Webinar Series – Part Two (February 9, 2021)

Join us for Part Two of McMillan's Automotive Industry Webinar Series

Details
February 9, 2021 - 1:00 pm to 2:30 pm ET
Featured Insight

International Comparative Legal Guide (ICLG) – Cybersecurity Canada 2021

The International Comparative Legal Guide (ICLG) - Cybersecurity Canada 2021 guide covers common issues in cybersecurity laws and regulations.

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Dec 3, 2020
Featured Insight

Another Leap Forward for Canadian Privacy Laws

The Digital Charter Implementation Act, 2020 received its first reading in the House of Commons. If passed, the Act will radically change Canadian Privacy Law.

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Nov 19, 2020
Featured Insight

McMillan’s Employment and Labour Webinar

This annual workshop addresses significant legal developments and provides practical advice on responding to employee issues.

Details
November 10, 2020 - 11:30 am to 1:30 pm
Featured Insight

Reporting and Recording Breaches of Security Safeguards – The OPC releases new resources for businesses

Office of the Privacy Commissioner of Canada ("OPC") released a number of new resources to assist organizations with their breach assessment, reporting and recording obligations.

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Sep 28, 2020
Featured Insight

Privacy Penalties – Canadian Competition Bureau Wades Into Privacy Enforcement

Organizations operating in Canada are advised to immediately review their privacy-related policies and marketing to avoid false or misleading representations

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May 26, 2020
Featured Insight

How Should AI be Regulated in Canada? Speak now, or forever hold your peace!

Many organizations recognize the potential benefits that artificial intelligence can bring to their business. Canadian regulations coming sooner than later.

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Feb 24, 2020
Featured Insight

2019 Year in Review: Privacy, Data Protection & Cybersecurity

Focusing our discussion on significant advancements, findings and key takeaways, we will present a “Year in Review” session that will cover many of the notable developments that occurred in 2019.

Feb 4, 2020
Featured Insight

IIROC Introduces Mandatory Reporting of Cybersecurity Incidents for Dealers

On November 14, 2019, IIROC amended its Dealer Member Rules to require mandatory reporting by dealer members that suffer a cybersecurity incident or breach.

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Dec 9, 2019
Featured Insight

Employment and Labour Seminar Series: Toronto

Join us as we discuss significant legal developments and provide practical advice on critical issues facing employers in Canada.

Oct 30, 2019
Featured Insight

OPC Maintains Status Quo on Transborder Data Flows…At Least for Now!

Feedback from stakeholders regarding its consultation on transfers for processing and transborder data flows, Office of the Privacy Commissioner of Canada has decided to maintain the status quo.

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Sep 23, 2019
Featured Insight

“Gonna stand my ground; And I won’t back down”¹ – The OPC charges forward with its controversial consultation on transborder dataflows/transfers for processing

On June 11, 2019, the Office of the Privacy Commissioner of Canada (“OPC”) published a reframed discussion document (the “Reframed Discussion”)

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Jun 24, 2019
Featured Insight

Proposed Digital Charter Could Bring Sweeping Changes to Canadian Privacy Laws

On May 21, 2019, the Canadian federal government released a proposed Digital Charter

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May 23, 2019
Featured Insight

Is Data Residency Coming to Canada? The OPC Signals a Major Change to its Policy Position on Transborder Dataflows

On April 9, 2019, the Office of the Privacy Commissioner of Canada (“OPC”) initiated a consultation on transborder dataflows under the Personal Information Protection and Electronic Documents Act (“PIPEDA”) (the “Consultation”).

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Apr 15, 2019
Featured Insight

The Privacy Commissioner’s Guide to Protecting Personal Information in Cannabis Transactions

The Office of the Privacy Commissioner of Canada recently released a guidance document for Canadian private sector cannabis retailers who collect personal information from their customers.

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Jan 30, 2019
Featured Insight

Privacy, Data Protection & Cybersecurity Seminar

McMillan is pleased to host its third annual Privacy, Data Protection & Cybersecurity Seminar in Toronto.

Details
November 13, 2018 - 8:30 am to 12:15 pm
Featured Insight

A $250,000 Reminder that “CASL” is Not Just an Anti-Spam Law

July, 2018, the CRTC announced it took enforcement action against Datablocks and Sunlight Media - the first time action is taken under Canada's "Anti-Spam Law"

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Jul 16, 2018
Featured Insight

PIPEDA – How to Obtain “Meaningful” Consent, and When Consent is Not Enough

On April 19, 2018, the Canadian Securities Administrators (the "CSA") published new draft rules governing the registration of derivatives market participants.

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May 30, 2018
Featured Insight

PIPEDA’s Breach Reporting Requirements Finalized, to Come Into Force November 1, 2018

Personal information where it is reasonable in the circumstances to believe that the breach creates a "real risk of significant harm"[1] to affected individuals

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May 15, 2018
Featured Insight

McMillan’s Second Annual Privacy, Cybersecurity and Data Protection Seminar

Members of McMillan’s Privacy, Cybersecurity, Data Protection groups will be discussing, for the second year running, how client and in-house counsel can educate their firms on how to navigate through privacy in the workplace, cyber security risks and data protection issues on Tuesday Nov 14, 2017.

Details
November 14, 2017
Featured Insight

Prying Eyes: Risk of Employee ‘Snooping’ and How to Reduce it

Prying Eyes: Risk of Employee ‘Snooping' and How to Reduce it

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Nov 7, 2017
Featured Insight

Cybersecurity – The Legal Landscape in Canada

Cybersecurity – The Legal Landscape in Canada

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Oct 25, 2017
Featured Insight

McMillan’s Employment & Labour Relations Group Seminar

Please join us for a practical and in-depth discussion aimed at HR professionals, in-house counsel and operations managers, who want to prepare and better understand how Bill1 48 will impact their business.

Details
September 28, 2017
Featured Insight

Supreme Court of Canada Turns the Other Cheek: Facebook’s “Terms and Conditions” – Forum Selection Clause Unenforceable

Supreme Court of Canada Turns the Other Cheek: Facebook's "Terms and Conditions" – Forum Selection Clause Unenforceable

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Jun 29, 2017
Featured Insight

CASL Private Right of Action Delayed; Enforcement by CRTC Continues

CASL Private Right of Action Delayed; Enforcement by CRTC Continues

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Jun 7, 2017
Featured Insight

Data protection in the field of employment in Canada

Employee personal information handled by an organization is far greater than the personal information collected by the organization about customers and third parties

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Jun 6, 2017
Featured Insight

Privacy in the Workplace, 4rd Edition

Privacy in the Workplace 3rd Edition

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May 17, 2017
Featured Insight

Are You Ready for CASL’s Private Right of Action?

Are You Ready for CASL's Private Right of Action?

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Jan 30, 2017
Featured Insight

Ontario’s Pooled Registered Pension Plans Act Takes Effect

Ontario's Pooled Registered Pension Plans Act Takes Effect

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Nov 29, 2016
Featured Insight

McMillan Cybersecurity Article Series

Cybersecurity and cyber risk are growing areas of concern for businesses, governments and individuals.

Read More
Nov 8, 2016
Featured Insight

Privacy, Data Protection and Cybersecurity Seminar

As organizations are increasing their investment in data safeguards, McMillan’s Privacy Group would like to help our clients understand their core privacy, data protection and cybersecurity obligations and related legal issues.

Details
November 3, 2016 - 7:30 am to 12:30 pm EST
Featured Insight

2016 Annual Employment and Labour Seminar

McMillan's Labour and Employment Group invites you to join us at our annual employment and labour seminar.

Details
8:00 AM - 11:30 AM
Featured Insight

Speak Now: Consultation on Solvency Funding for Defined Benefit (DB) Pension Plans

Speak Now: Consultation on Solvency Funding for Defined Benefit (DB) Pension Plans

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Aug 18, 2016
Featured Insight

The GDPR – Key Points for Canadian Businesses

The GDPR – Key Points for Canadian Businesses

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Aug 5, 2016
Featured Insight

Privacy Alert: Proliferation of Access Requests as New Tools Automate Request Generation and Distribution

Privacy Alert: Proliferation of Access Requests as New Tools Automate Request Generation and Distribution

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Jun 23, 2016

Cybersecurity and the Internet of Things

Cybersecurity and the Internet of Things

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May 17, 2016
Featured Insight

Privacy and Cybersecurity Issues in Canadian M&A Transactions

Privacy and Cybersecurity Issues in Canadian M&A Transactions

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Apr 4, 2016
Featured Insight

Introducing Safe Harbour 2.0: the EU-US Privacy Shield

Introducing Safe Harbour 2.0: the EU-US Privacy Shield

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Feb 16, 2016
Featured Insight

Can you keep a secret? The courts recognize a new tort for public disclosure of private facts

Can you keep a secret? The courts recognize a new tort for public disclosure of private facts

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Feb 1, 2016
Featured Insight

Safe Harbour Not Safe Enough: Data Transfers From E.U. To U.S. Out To Sea

Safe Harbour Not Safe Enough: Data Transfers From E.U. To U.S. Out To Sea

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Oct 17, 2015
Featured Insight

Ashley Madison – A new era in privacy class actions for Canada?

Ashley Madison – A new era in privacy class actions for Canada?

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Oct 2, 2015
Featured Insight

Cloud Computing

Cloud Computing

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Jul 24, 2015
Featured Insight

McMillan Privacy Basics Bulletin Series

McMillan Privacy Basics Bulletin Series

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Jul 17, 2015
Featured Insight

Flag on the Play? Recent Disclosure of NFL Player’s Medical Information Sparks Allegations of Privacy Violations

Flag on the Play? Recent Disclosure of NFL Player's Medical Information Sparks Allegations of Privacy Violations

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Jul 17, 2015
Featured Insight

Data Protection Agreements

Data Protection Agreements

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Jul 16, 2015
Featured Insight

More Changes to Cyber Security Laws on the Horizon?

More Changes to Cyber Security Laws on the Horizon?

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Jul 15, 2015
Featured Insight

Ought We Fear the Time Of Year? Summer Dismissals May Warrant Longer Notice Periods

Ought We Fear the Time Of Year? Summer Dismissals May Warrant Longer Notice Periods

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Jul 9, 2015
Featured Insight

Access Requests

Access Requests

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Jul 5, 2015
Featured Insight

Cybersecurity

Cybersecurity Privacy

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Jul 2, 2015
Featured Insight

Privacy Training

Privacy Training

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Jun 28, 2015
Featured Insight

PIPEDA Changes Finally Pass

PIPEDA Changes Finally Pass

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Jun 22, 2015
Featured Insight

Privacy Programs

Privacy Programs

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Jun 19, 2015
Featured Insight

Privacy Policies

Privacy Policies

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Jun 9, 2015
Featured Insight

Bell Gets a Bad Rap for its RAP (Relevant Advertising Program)

Bell Gets a Bad Rap for its RAP (Relevant Advertising Program)

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Jun 2, 2015
Featured Insight

Monitoring the Mayor – B.C. Mayor alleges that computer monitoring violated his privacy

Monitoring the Mayor – B.C. Mayor alleges that computer monitoring violated his privacy

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May 21, 2015
Featured Insight

Off-Colour/Off-Duty – Termination of Hydro One Employee Garners Media Attention

The media has taken a keen interest in a story about bystanders who interrupt live broadcasts, primarily by female reporters, with shouts of a vulgar and offensive phrase that is being referenced with the acronym FHRITP.

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May 15, 2015
Featured Insight

Three New Leaves for Ontario Workers to Take Effect October 29, 2014

Three New Leaves for Ontario Workers to Take Effect October 29, 2014

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Jul 17, 2014
Featured Insight

Proposed amendments to the ESA – new leaves for Ontario employees?

Proposed amendments to the ESA – new leaves for Ontario employees?

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Aug 6, 2013
Featured Insight

Overtime class actions – leave to appeal denied

Overtime class actions – leave to appeal denied

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Mar 22, 2013
Featured Insight

Seclusion Intrusion: A Common Law Tort for Invasion of Privacy

seclusion intrusion: a common law tort for invasion of privacy

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Jan 19, 2012

Deals & Cases (10 Posts)

Featured Insight

Hansen Technologies Limited Acquires Sigma Systems for C$152.5 million

Sigma Systems, a company majority owned by Birch Hill Equity Partners Management since 2015, was acquired by Hansen Technologies Limited. McMillan LLP acted as lead counsel to Hansen with a team lead by JR Beaudrie

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May 31, 2019
Featured Insight

Canadian Cancer Society Amalgamates with Canadian Breast Cancer Foundation

The Canadian Cancer Society completed its amalgamation with the Canadian Breast Cancer Foundation following their announcement to merge in October 2016. McMillan LLP was retained on the transaction by the Canadian Cancer Society.

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Feb 9, 2019
Featured Insight

Thoma Bravo acquires technology-focused parking management systems provider T2 Systems

Thoma Bravo acquires technology-focused parking management systems provider T2 Systems

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Sep 29, 2016
Featured Insight

Thoma Bravo acquires autoTRADER Corporation for C$1.575 billion

Thoma Bravo acquires autoTRADER Corporation for C$1.575 billion

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Sep 28, 2016
Featured Insight

Voith GmbH sells Voith industrial services division to private equity firm Triton

Voith GmbH sells Voith industrial services division to private equity firm Triton

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Aug 31, 2016
Featured Insight

Thoma Bravo to Acquire TRADER Corporation

Thoma Bravo to Acquire TRADER Corporation

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Jul 1, 2016
Featured Insight

Mercedes-Benz Canada Inc. completes sale of two dealerships

Mercedes-Benz Canada Inc. completes sale of two dealerships

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Aug 1, 2015
Featured Insight

Plentyoffish acquired for US$575 million by Match.com

Plentyoffish acquired for US$575 million by Match.com

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Jul 15, 2015
Featured Insight

Premier Gold Mines Limited Completes $104 million Acquisition of Goldstone Resources Inc.

Premier Gold Mines Limited Completes $104 million Acquisition of Goldstone Resources Inc.

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Aug 16, 2011
Featured Insight

Primero Mining Corp. Announces a $1.2 Billion Merger Agreement With Northgate Minerals Corp.

Primero Mining Corp. Announces a $1.2 Billion Merger Agreement With Northgate Minerals Corp.

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Jul 14, 2011