Lyndsay A. Wasser 

Co-Chair, Privacy & Data Protection
Co-Chair, Cybersecurity
Toronto  t: 416.865.7083  |  e: lyndsay.wasser@mcmillan.ca

Lyndsay A. Wasser

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7083
e: lyndsay.wasser@mcmillan.ca

overview

Lyndsay advises and assists management with respect to all areas of employment and labour law, including advising on hiring, performance management, employment standards, human rights laws and employment terminations, as well as drafting or reviewing employment contracts, compensation plans and employment policies. Lyndsay advocates for clients in wrongful dismissal actions, human rights applications, workers' compensation claims, complaints to the Ministry of Labour, and matters before the Ontario Labour Relations Board and the Canada Industrial Relations Board.

Lyndsay is also a Certified Information Privacy Professional/Canada and the Co-Chair of McMillan's Privacy Group. She regularly advises and assists clients on a broad range of privacy issues, including advising on access requests, privacy breaches, workplace privacy issues (e.g., background checks, computer/video/phone monitoring, GPS tracking, drug and alcohol testing), handling personal health information, and transferring personal information across borders, as well as helping organizations to develop privacy compliance programs, privacy and social media policies, data sharing agreements and consent forms. Lyndsay regularly writes and speaks on privacy-related topics, and is the co-author of Privacy in the Workplace, 3rd ed. and the Privacy chapter in the Ultimate Corporate Counsel Guide.

Lyndsay also regularly provides advice and assistance to vendors and purchasers with respect to the employment and privacy aspects of corporate transactions, including negotiating the employment and privacy terms of purchase agreements, evaluating employment issues in the transaction, and drafting offer letters and other contracts for transferring employees.

Representative Matters

  • Harper v Ludlow Technical Products Canada Ltd, 2011 CanLII 73172 (ON LRB)
  • Critical Path Couriers Ltd., 2011 CIRB 604 (CanLII)
  • Employment and Labour counsel representing both seller and buyers in multiple corporate transactions

Presentations

Privacy Law Update
Current Issues in Privacy Law and CASL
Cybersecurity Landscape in 2015 – Recent Trends and Developments
Drafting Employment Contracts
Privacy in the Workplace
Workplace Privacy - Social Media Checks
Social Media Background Checks in Canada - Do the Risks Outweigh the Rewards?
Preventing and Responding to Privacy Breaches in the Workplace
Privacy 102: Identifying and Developing Role-Specific Privacy Education
Employee Privacy
Summary Judgment and Mini Trials in Employment Law Cases

Publications

McMillan Cybersecurity Article Series
Speak Now: Consultation on Solvency Funding for Defined Benefit (DB) Pension Plans
The GDPR – Key Points for Canadian Businesses
Privacy Alert: Proliferation of Access Requests as New Tools Automate Request Generation and Distribution
Cybersecurity and the Internet of Things
Privacy and Cybersecurity Issues in Canadian M&A Transactions1
Cybersecurity and the Internet of Things
Introducing Safe Harbour 2.0: the EU-US Privacy Shield
Can you keep a secret? The courts recognize a new tort for public disclosure of private facts
Cybersecurity – The Legal Landscape in Canada
Safe Harbour Not Safe Enough: Data Transfers From E.U. To U.S. Out To Sea
Ashley Madison – A new era in privacy class actions for Canada?
Access Requests
Cloud Computing
More Changes to Cyber Security Laws on the Horizon?
Flag on the Play?
Recent Disclosure of NFL Player's Medical Information Sparks Allegations of Privacy Violations
McMillan Privacy Basics Bulletin Series
Data Protection Agreements
Breach Response Plans
Ought We Fear the Time Of Year? Summer Dismissals May Warrant Longer Notice Periods
Cybersecurity
Privacy Training
PIPEDA Changes Finally Pass
Privacy Programs
Privacy Policies
Bell Gets a Bad Rap for its RAP (Relevant Advertising Program)
Monitoring the Mayor – B.C. Mayor alleges that computer monitoring violated his privacy
Off-Colour/Off-Duty – Termination of Hydro One Employee Garners Media Attention
Three New Leaves for Ontario Workers to Take Effect October 29, 2014
Privacy Chapter
Managing Your Privacy Risk, An In-House Guide
Age Discrimination in Benefit Plans - Talos v Grand Erie District School Board
Are Contractual Termination Provisions Reliable?
Top Five Workplace Privacy Questions
Privacy in the Workplace, 3rd Edition
Proposed amendments to the ESA – new leaves for Ontario employees?
Juries punish employers: two recent cases highlight the risk of treating employees poorly1
Social media background checks in Canada – Do the risks outweigh the rewards?1
Overtime class actions – leave to appeal denied
Ontario Court of Appeal recognises new tort for invasion of privacy
Employees have a reasonable expectation of privacy in workplace computers, says Supreme Court
On the hook: employer liability for traffic accidents caused by cell phone usage
Harassment in the workplace: limitations on an employer's responsibilities
Racism – is speculation enough?
Seclusion intrusion: A common law tort for invasion of privacy
Background Checks – Uncovering Ominous Pasts
Employee privacy rights finally recognized?

Education

  • Osgoode Hall Law School, LLB - 2003
  • York University, Specialized Honours Bachelors Degree in Psychology (summa cum laude) - 2000

Year Of Call

  • Called to the Ontario bar - 2004

Practices

employment and labour relations
privacy and data protection
confidential information
employment law
employment litigation
executive compensation
harassment and discrimination
labour relations
cybersecurity
freedom of information and access to information

Industries

banking, finance and insurance
energy
life sciences
manufacturing, distribution and retail
media, communications and entertainment

Directorships and Professional Associations

  • International Association of Privacy Professionals
  • Ontario Bar Association
  • Canadian Bar Association
  • Toronto Lawyers Association

Awards & Rankings

Lyndsay is the recipient of multiple Awards in Law, including the Bronze Medal and prizes for placing first in first year law at Osgoode Hall Law School. A complete list of her legal Awards is as follows:

  • The Bronze Medal, Osgoode Hall Law School
  • Carswell Prize – for placing first in first year law at Osgoode Hall Law School
  • McCarthy Tetrault Prize – for placing first in first year law at Osgoode Hall Law School
  • McMillan Prize in Contracts
  • STEP Prize for Trusts and Estates
  • Martin J. Rochwerg Prize in Tax, Estates & Trusts Law
  • Shibley Righton LLP Prize in Taxation

Media Mentions

vcard

Lyndsay advises and assists management with respect to all areas of employment and labour law, including advising on hiring, performance management, employment standards, human rights laws and employment terminations, as well as drafting or reviewing employment contracts, compensation plans and employment policies. Lyndsay advocates for clients in wrongful dismissal actions, human rights applications, workers' compensation claims, complaints to the Ministry of Labour, and matters before the Ontario Labour Relations Board and the Canada Industrial Relations Board.

Lyndsay is also a Certified Information Privacy Professional/Canada and the Co-Chair of McMillan's Privacy Group. She regularly advises and assists clients on a broad range of privacy issues, including advising on access requests, privacy breaches, workplace privacy issues (e.g., background checks, computer/video/phone monitoring, GPS tracking, drug and alcohol testing), handling personal health information, and transferring personal information across borders, as well as helping organizations to develop privacy compliance programs, privacy and social media policies, data sharing agreements and consent forms. Lyndsay regularly writes and speaks on privacy-related topics, and is the co-author of Privacy in the Workplace, 3rd ed. and the Privacy chapter in the Ultimate Corporate Counsel Guide.

Lyndsay also regularly provides advice and assistance to vendors and purchasers with respect to the employment and privacy aspects of corporate transactions, including negotiating the employment and privacy terms of purchase agreements, evaluating employment issues in the transaction, and drafting offer letters and other contracts for transferring employees.

  • Harper v Ludlow Technical Products Canada Ltd, 2011 CanLII 73172 (ON LRB)
  • Critical Path Couriers Ltd., 2011 CIRB 604 (CanLII)
  • Employment and Labour counsel representing both seller and buyers in multiple corporate transactions
May 2016
Cybersecurity and the Internet of Things
Article reprinted from the May 2016, Volume 13, Number 6 issue of Canadian Privacy Law Review; This article was first published in Canadian Corporate Counsel, a Thomson Reuters Canada publication
March 2016
Cybersecurity and the Internet of Things
Cybersecurity Bulletin
January 2016
Cybersecurity – The Legal Landscape in Canada
Cybersecurity Bulletin
TerraLex
October 2015
Ashley Madison – A new era in privacy class actions for Canada?
Privacy Bulletin
Canadian Corporate Counsel, Volume 24, Number 8
July 2015
Access Requests
Privacy Bulletin
July 2015
Cloud Computing
Privacy Bulletin
July 2015
Data Protection Agreements
Privacy Bulletin
July 2015
Breach Response Plans
Privacy Bulletin
July 2015
Cybersecurity
Privacy Bulletin
June 2015
Privacy Training
Privacy Bulletin
June 2015
PIPEDA Changes Finally Pass
Privacy Bulletin
June 2015
Privacy Programs
Privacy Bulletin
June 2015
Privacy Policies
Privacy Bulletin
July 2014
Three New Leaves for Ontario Workers to Take Effect October 29, 2014
Employment and Labour Bulletin    
Spring 2014
Privacy Chapter
Author, Ultimate Corporate Counsel Guide for CCH
Spring 2014
Managing Your Privacy Risk, An In-House Guide
Contributor, CCCA (Canadian Corporate Counsel Association) Magazine, author: Pablo Fuchs, Vol. 8, No. 1
February 2014
Are Contractual Termination Provisions Reliable?
Employment and Labour Bulletin
January 2014
Top Five Workplace Privacy Questions
Employment and Labour Bulletin
also presented at the International Association of Privacy Professionals (IAPP) Canada Privacy Symposium 2013
December 2013
Privacy in the Workplace, 3rd Edition
Wolters Kluwer CCH
April 2013
Social media background checks in Canada – Do the risks outweigh the rewards?1
Employment and Labour Bulletin
also presented at the Canadian Corporate Counsel Association (CCCA) Spring Conference 2013
March 2013
Overtime class actions – leave to appeal denied
Employment and Labour Bulletin
September 2012
On the hook: employer liability for traffic accidents caused by cell phone usage
Employment and Labour Bulletin
The bulletin was originally published in the Canadian HR Reporter.
April 2012
Racism – is speculation enough?
Employment and Labour Bulletin
March 2012
Ontario Court of Appeal recognises new tort for invasion of privacy
Insurance & Reinsurance ILO Newsletter
January 2012
Seclusion intrusion: A common law tort for invasion of privacy
Litigation and Employment Bulletin
July 2011
Background Checks – Uncovering Ominous Pasts
The Lawyers Weekly
April 2011
Employee privacy rights finally recognized?
Employment and Labour Bulletin
June 7, 2016
Privacy Law Update
2016 Ontario Connections, Access, Privacy, Security & Records Management Conference
May 16, 2016
Current Issues in Privacy Law and CASL
IT Law Spring Forum 2016
March 31, 2016
The latest legal and regulatory developments - implications for the industry
2016 CLHIA Cyber Security Conference
February 4, 2016
Internet of Things - the Next Generation
Toronto Intellectual Property Group, Toronto, Ontario
November 19, 2015
Cybersecurity Landscape in 2015 – Recent Trends and Developments
Toronto Computer Lawyers' Group, Toronto, Ontario
September 24, 2015
Drafting Employment Contracts
Association of Corporate Counsel Seminar, Toronto
January 16, 2014
Privacy in the Workplace
CCH Webinar with colleague Éloïse Gratton
December 9, 2013
Workplace Privacy - Social Media Checks
Lexpert Seminar on Information Privacy and Data Protection
May 24, 2013
Top Five Workplace Privacy Issues
IAPP Canada Privacy Symposium
April 2013
Social Media Background Checks in Canada - Do the Risks Outweigh the Rewards?
CCCA National Spring Conference
November 6, 2012
Preventing and Responding to Privacy Breaches in the Workplace
Lexpert course on Information Privacy and Data Protection: Technology, Security and Corporate Responsibility in Today's Marketplace
May 2012
Privacy 102: Identifying and Developing Role-Specific Privacy Education
Speaker at IAPP Canada Privacy Symposium 2012
December 2011
Employee Privacy
Speaker at Workplace Privacy: Information Privacy and Data Protection Course, Lexpert
October 2011
Summary Judgment and Mini Trials in Employment Law Cases
Speaker at 12th Annual Employment Law Summit (Law Society of Upper Canada)