Dr. Ann Cavoukian

The applicant, an American web-based videoconference provider, sought judicial review of Ontario Health's refusal to verify its platform as a 'Verified Virtual Visit Solution', which prevented Ontario physicians from billing OHIP for services rendered using the platform.

Ontario Health required the applicant to store data in Canada, asserting the platform collected personal health information.

The Divisional Court held that the data residency requirement and the related OHIP payment rule were not ultra vires.

While the court found Ontario Health's conclusion that the applicant collected personal health information to be unreasonable, it ultimately dismissed the application because the applicant failed to meet other mandatory technical and privacy assessment requirements.

The applicants sought an interlocutory injunction to restrain the Toronto Transit Commission from implementing random drug and alcohol testing for safety-sensitive employees pending the outcome of a policy grievance arbitration.

The court applied the RJR-MacDonald test and found that while there was a serious issue to be tried, the applicants failed to demonstrate irreparable harm, as any privacy breaches or wrongful dismissals could be compensated with damages.

Furthermore, the balance of convenience favoured the respondent due to the significant public interest in transit safety and evidence of a workplace drug and alcohol problem.

The motion for an injunction was dismissed.