Photo of Mark Ellis

Mark Ellis is an experienced litigator who appears regularly before all levels of courts and tribunals in Ontario. Mark has also appeared as lead counsel on several occasions at the Supreme Court of Canada. As the author of Canada’s leading treatise on fiduciary obligations and three related books, his opinion is regularly sought in Canada’s boardrooms regarding all aspects of corporate compliance and governance. Mark is a highly-regarded speaker, having chaired over two hundred conferences throughout his career, and spoken internationally regarding compliance, governance and anti-corruption. He is also a visiting professor at Queen’s University.

Recently Canadian singer Alanis Morissette became the latest well-publicized victim of fraud at the hands of one she employed and trusted: http://www.bbc.co.uk/news/amp/36316327. She joins a long list of celebrities who have suffered fraud at the hands of those employed to trust, amongst them the Beatles, Beyoncé, David Bowie, Billy Joel, Bob Dylan, Leonard Cohen, Elvis, the Rolling Stones.
Continue Reading

Source: lawinquebec.wordpress.com

Employee surveillance is an excellent and available method by which companies can protect against fraud.  Monitoring of company-supplied hardware, software and access is perfectly legal and arguably compelling in Canada.  Many still act under the mistaken belief that when it comes to personal communications such as e-mail and social media forums such as Facebook and Twitter, anything intended as private and personal is protected.

In truth, such privacy is very limited. The legal rubric underlying such an assumption is “reasonable expectation of privacy”, an expression borrowed for global adaptation from the 4th Amendment to the US Constitution, and protected in the Canadian Charter.  Historically, personal communications and the privacy protections afforded them were sacrosanct. In addition to the medium of ‘snail mail’ being confidential in its own right—the sealed envelope—most jurisdictions honoured the British-based “Royal Mail Rule” premised upon the opening of personal mail as verboten.
Continue Reading