Not everyone has embraced telematics. It was reported the other day that at least one insurer has been told by its brokerage force that their customers are ‘not fans of telematics’. Carol Jardine, chief strategy office for Wawanesa, is quoted…Read more →
Does the privacy consent on the last page of Ontario’s prescribed Application for Accident Benefits (OCF-1) form hold water? In Economical v. Fairview Assessment Centre, the insurer claimed fraud and misrepresentation against an assessment centre and various (alleged) treatment providers…Read more →
Three years ago, I wrote an article about the status of electronic insurance cards. Despite the fact that smartphones, tablets and other technological gadgets are now part of everyday life, providing proof of auto insurance coverage is like a nos…Read more →
On June 18, 2015, the Digital Privacy Act received Royal Assent and is now law in Canada. The Act amends PIPEDA in a number of ways, but there are three major changes that insurers need to know about: Organizations must…Read more →
New study, new data, so I thought I’d revisit a topic I explored before, about the willingness of consumers to share data to improve either their premium paid, their convenience, or their risk/safety. In general, the willingness has increased:All questions show a slight uptick except Continue readingRead more →
The Court of Appeal for Ontario has held that a hospital can be sued (in a proposed class action) for a privacy breach.
In Hopkins v. Kay, the class plaintiff alleged that her records as a patient at the Peterborough Regional Heath Centre were improperly accessed. She based her claim on the common law tort of intrusion upon seclusion, set out in Jones v. Tsige.
The hospital brought a Rule 21 motion to dismiss the claim on the ground that the Personal Health Information Protection Act (“PHIPA”) is an exhaustive code that ousts the jurisdiction of the Superior Court to entertain any common law claim for invasion of privacy rights in relation to patient records.Read more →