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.

• Howard Borlack

  416-860-0054

  hbborlack@mccagueborlack.com