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Recording client calls by brokerage firm not a breach of privacy due to consent: Turkson v. TD Direct Investing 2016 BCSC 732

Mr. Turkson commenced proceedings against TD Waterhouse regarding his trading dealings with them, including claims for breach of contract, negligence, breach of fiduciary duty, breach of trust, fraud, wilful concealment and breach of privacy.  In dismissing all of the claims, the BC Supreme Court also dismissed the privacy allegations. 

Mr. Turkson alleged that TD Waterhouse invaded his privacy by tape recording his conversations with its representatives without his consent, and by publishing the transcript of those conversations without his consent or a court order.

Local governments' role in brownfield development

The Province of British Columbia has issued an intentions paper on identifying contaminated sites.  Among other things, the Province proposes to substantially change the role of local governments in the contaminated site identification process.  Comment period on the intentions paper expires on July 31, 2016.  Local governments should take note of the proposed changes and consider providing input to the Province.

Put Your Docks Up!

Municipalities often struggle to address contentious local issues through zoning bylaws out of fear that their actions will be subject to legal challenge.

On March 31, 2016 the B.C. Supreme Court rendered its decision in Dong v. Bowen Island Municipality, 2016 BCSC 553. The case was the culmination of a long and bitter feud that pitted long-time residents of Bowen Island against municipal council and other residents with respect to the construction of docks on the southwest coast of the island.

The X-cess files: when is a property file personal?

Local Governments routinely deal with informal requests to access property and licensing files at the “counter” as well as more formal freedom of information requests.  Information in those files may typically seem to be “about” the property or business.  In some cases, however, the property information will have a personal dimension.  As a result, the Local Government may be required to withhold that information without consent to disclose or providing notice under FOIPPA

How can Local Governments manage these requests?

The new IoC: Would you like a consent form with that shirt?

Waves of smart clothing will be hitting the market in the coming years.  A variation on the Internet of Things, the Internet of Clothes (IoC), will have its own unique issues.

Consumers and retailers will not be used to the privacy and security issues that come with the sensitive information that might be collected regarding the location, use, wear, wash and disposal of clothing.

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