Privacy and Data Protection Law

Privacy and Data Protection Law

Whether intentional or accidental, security breaches involving personal or confidential information can significantly damage an organization’s reputation and lead to significant liability. An organization that collects, uses or discloses personal information is subject to a complex framework of privacy and data collection laws involving statutory, regulatory, and common law requirements and restrictions in Canada.

Among other things, Cheadles can assist clients by ensuring compliance and minimizing liability before, during, and after potential and actual privacy or data breach incidents by providing the following services:

  1. Guidance to management on privacy and data protection obligations;
  2. Support during the development of policies and procedures to ensure compliance with legal requirements;
  3. Provide training on compliance obligations and liability;
  4. Review of third-party agreements to ensure privacy and data protection obligations are complied with;
  5. Review investigation reports of potential or actual breaches and provide a legal opinion on liability;
  6. Liaise with regulatory authorities, such as the Office of the Privacy Commissioner;
  7. Defend against litigation relating to a data or privacy breach incidents; and
  8. Defend against regulatory proceedings and negotiation with regulatory agencies.

Essentially, Cheadles can help clients understand how they can balance business objectives with complex compliance requirements.

If you are unsure whether your organization complies with its privacy and data protection obligations, give Cheadles a call and let us know how we can help.

Municipal Law

Our team includes a member who devotes much of his time to municipal law and municipal tax assessment. Cheadles is proficient with the Municipal Act, the Assessment Act, and related legislation. We regularly represent clients in municipal tax assessments at the Ontario Municipal Board. We also handle zoning matters and related issues.

Mining Law

Our lawyers have extensive experience representing the region’s developing mining companies. We are an experienced Canadian law firm with an office situated in the heart of Northwestern Ontario, where mining is an established part of the economy.

We are ready to assist in both the exploration and development phases of mining ventures. We represent mining companies involved in the extraction of many types of metals and minerals.

Mine Exploration Phase

•    Confidentiality agreements
•    Option, farm-in and joint venture agreements from the simple to the complex
•    Socio-economic impact agreements and joint venture agreements with First Nations
•    Initial public offerings, stock exchange listings
•    Private placements, special warrant financings, flow-through share offerings
•    Exchange offering prospectuses, local and national prospectus offerings
•    Claims disputes and title opinions

Mine Development Phase

•    Project financing
•    Mineral production sales contracts
•    Custom milling, toll roasting and similar contracts
•    Environmental assessment and regulatory hearings and permitting
•    Economic development/impact and benefits agreement
•    Construction contracts and litigation

Operating Phase

•    Acquisitions, dispositions, and restructuring
•    Labour and employment issues including collective bargaining and human rights
•    Property tax assessment and appeals
•    Defences to environmental prosecutions

Closure and Abandonment

•    Employee termination and severance
•    Mine reclamation approval, bonding and/or funding
•    Site remediation and abandonment liabilities and certification

Health Law

With the rapid reform and paring down of Ontario’s health care system, Nathan Wainwright is available to assist in health care reform and reorganization. He is interested in methods of organizing our ailing health care system to assist it in becoming more efficient.

Cheadles provides advice to health care administrators and professionals on tools to structure the provision of health care in today’s world.

Franchise Law

Doug Shanks is our resident authority on the law of franchises, representing several international franchisors and franchisees throughout Northwestern Ontario.

Franchising has been the preferred method of business operation in the 1980’s and 1990’s, and will continue to be so in the future. Doug has the expertise to ask the right questions and ensure the proper changes are made to franchise agreements, which enables all parties to arrive at a mutually beneficial outcome.

Family Law

Bill ShanksTyra Ohman, Courtney Turner and Tisha Hasan devote a substantial part of their practices to matters involving family law. He is available to provide advice in the negotiating, settling, and/or litigating of all issues which may arise in this area. These issues may include divorcesupport applicationscustody or access to children, and family property claims.

Bill Shanks has certification in mediation from the University of Windsor and is available to participate in mediations as counsel or as a mediator, as required.

Construction Law

Cheadles regularly represents clients in all aspects of construction law, from large scale construction projects to home renovations. Our construction law group has experience in all aspects of the lifecycle of a construction project, including contract drafting, bidding and tendering, liens, dispute resolution and litigation.  We also regularly advise our clients on legislative changes to the Construction Act.  Ken RitsonNathan Wainwright, and Michel Caza practice in this area of law.

Civil Appeals and Judicial Review

Sometimes a court or tribunal makes a decision that a party to the proceeding disagrees with. A critical element in our justice system is that a party has an opportunity for a decision to be reviewed.  Depending on the nature of the proceeding, a party has a right to appeal, judicially review or request a reconsideration of a decision.

Appeals and judicial reviews are highly technical with strict timelines and filing requirements.  They also require specialized written and oral advocacy.

The litigation team at Cheadles has extensive experience successfully representing clients in appeals and judicial reviews before many levels of court, including the Ontario Court of Appeal and Divisional Court.

Bankruptcy, Insolvency

Bill Shanks and Ken Ritson are available to provide a wide range of legal services regarding bankruptcy and insolvency. He has experience representing receivers, trustees in bankruptcy, and both secured and unsecured creditors.

The firm’s real estate, commercial, taxation, labour and other experience offer strong support to our bankruptcy and insolvency practice.

Aboriginal Law

Our law firm’s Aboriginal Law Practice Area is focused on providing legal services to First Nations clients across Ontario. Our team of experienced lawyers understands the unique legal and cultural issues facing Indigenous communities and is committed to providing innovative, practical and cost-effective solutions to address these challenges.

We specialize in a range of legal issues affecting Indigenous clients, including Aboriginal rights and title, land claims, treaty rights, self-government, economic development, environmental protection, natural resources, and cultural heritage.

Our lawyers have extensive experience in negotiating and drafting complex agreements, advising on regulatory compliance and land use planning, and litigating in courts and administrative tribunals.

Our firm recognizes the importance of working collaboratively with Indigenous clients, and we are committed to building strong relationships based on trust and mutual respect. We also strive to integrate Indigenous knowledge and perspectives into our legal work, and to promote reconciliation and Indigenous self-determination.

If you require legal assistance with an Aboriginal law matter, please contact our office to schedule a consultation with one of our experienced lawyers. We look forward to working with you to achieve your goals and protect your rights.

Cheadles has a successful history of representing clients in matters involving aboriginal law. Our firm also has significant experience representing First Nations clients in a wide variety of contexts including, negotiations, land claims, business transactions, and other related matters.

Jordan Lester and Tyra Ohman devote a portion of their practices to aboriginal law.