Tim advises on Data Governance and Consumer Protection laws and regulations, particularly in the E-commerce and M-commerce retail sectors. He is the Canadian Leader of Dentons’ Global Privacy and Data Security practice and is the Privacy Officer for the Firm’s Canada Region.
Tim’s Data Governance practice encompasses all areas of the management of information. Whether the issue involves appropriate corporate record-keeping and document retention, privacy disclosures, data breach response, access to information requests, supplier and outsourcing contractual requirements, cross-border data transfers, or cloud computing, Tim has extensive knowledge and experience to guide clients in making practical choices based on an informed risk-based analysis. Tim is a litigator by training and represents clients before Information and Privacy Regulators across Canada. He was counsel in the first joint investigation by a Canadian Privacy Commissioner with an international counterpart.
Tim has deep knowledge of Canada’s Consumer Protection law framework. He counsels clients and reviews marketing programs and consumer disclosures for compliance with Canada’s Anti-Spam Legislation, Canada’s Unsolicited Telecommunications Rules (Do-Not-Call List), provincial e-commerce requirements, comparative and green advertising, unclaimed property, gift card regulations, and federal Competition Act and Criminal Code requirements relating to marketing and advertising, gaming, and promotional contests.
Tim blogs on privacy and security issues on the Dentons' Privacy and Data Security Law blog.
Tim is frequently sought out for advice on pre-litigation strategies and is the Partner responsible for overseeing the Toronto office's Advisory Research Group, which provides opinions to clients and lawyers within the firm on complex or novel legal issues.
Tim is the Partner sponsor for Dentons’ Dialogue LGBTA Group and is the past co-Chair of the Toronto Diversity and Inclusion Committee.
- Confidential client: Advising on privacy, consumer protection and marketing and advertising issues associated with the Canadian launch of direct-to-consumer genetic testing in Canada.
- Confidential client: Advising insurance company regarding privacy, data security and electronic contract formation issues in connection with its launch of online, direct-to-consumer insurance offerings in Canada.
- Confidential client: Counselling provider of global online marketplace and cloud computing platform regarding privacy and marketing laws, including Canada’s Anti-Spam Legislation and requirements relating to the installation of mobile Apps and other computer programs.
- Confidential client: Providing leading luxury brand retailer with comprehensive analysis of direct sales and marketing requirements, Internet agreement contract formation requirements and privacy and data security requirements in connection with a planned e-commerce platform launch for Canada.
- Confidential client: Counseling a leading social messaging application provider in international privacy investigation.
- Confidential client: Representing cloud-based service provider in multiple investigations and complaints in Canada arising out of hacking of credit card data.
- Confidential client: Advising multinational consumer electronics company with respect to on-going marketing, advertising and data privacy matters, including contest rules, promotional price comparisons, mobile, Internet and internet-of-things privacy notices.
- Confidential client: Advising one of the largest shipment and logistics companies in the world on green marketing, social media advertising and contest matters.
- Confidential client: Counsel to one of the largest car rental companies and franchisors in the world relating to privacy and anti-spam issues.
- Confidential client: Guiding revolutionary Internet-based local commerce portal with respect to Canadian consumer product and consumer protection regulations.
- Confidential client: Assisting numerous US-based retailers and media organizations with compliance with Canada’s Anti-Spam Legislation.
- Recognized by Best Lawyers in Canada as one of Canada’s leading lawyers in the area of Privacy and Data Security Law (2015, 2016)
- Law Society of Upper Canada’s Treasurer’s Medal and the Ronald O. Daly Scholarship for obtaining the highest overall standing in the 43rd Bar Admissions Course
- Samuel Lerner, Q.C. Prize in General Advocacy for attaining the highest combined grades in Civil Litigation, Public Law and Family Law
- Aird & Berlis Prize for Academic Excellence
- McRuer Prize in Administrative Law
- James Jefferson Prize in Health Law
In the Media
- Quoted in "The new Digital Privacy Act has important implications for firms", Investment Executive, August 2015
- Quoted in "Canada: Commissioners' guidelines provide BYOD 'benchmark'", Privacy This Week by DataGuidance, August 20, 2015
- Quoted in "Canada: OPC issues 'disappointing' and 'populist' report", Privacy This Week by DataGuidance, April 2015
- Quoted in "A strategy, Not a Solution – The Changing Role of the GC in Information Governance", Article by Julie Sobowale, Canadian Corporate Counsel Association, Winter 2014
- Guest commentator, Three exceptions to CASL, Investment Executive, August 6, 2014
- Guest commentator, Canada's Anti-Spam Legislation: Are You Prepared?, Investment Executive, June 26, 2014
- Quoted in "Canada: Supreme Court 'gets' the internet in 'watershed decision'", Privacy this Week by DataGuidance, June 2014
- Quoted in “Wearable technology raising many legal concerns”, Article by Luigi Benetton, Luigi Benetton Communications – Clarity Out of Complexity, April 25, 2014
- Quoted in "Canada: PIPEDA reforms propose breach notification, CAN $100,000 fines", Privacy This Week, April 17, 2014
- Quoted in "The Border: EU moves on privacy protection", Article by Julius Melnitzer, Lexpert Magazine, March 2014
- Quoted in “Health sector warned about privacy class actions”, Law Times, January 20, 2014
- Quoted in "BYOD risks: Keeping tabs on your company's mobile information", Article by Patricia Chisholm, Investment Executive, December 2013
- Quoted in "Online privacy: Avoiding pitfalls", Article by Susan Yellin, Investment Executive, October 2013
- Quoted in, "FATCA: Vulnerable to a Canadian Constitutional Challenge?", Article by Kristen A. Parillo, Tax Notes International, June 10, 2013
- Quoted in, “Behavioural Ads a Growing Concern”, Article by Michael McKiernan, Law Times, June 3, 2013
- Quoted in “Insurance, credit scores and privacy”, Article by Ann Macaulay, Investment Executive, February 2013
- Quoted in "Relief in sight from anti-spam rules", Article by Ann Macaulay, Investment Executive, January 2013
- Quoted in "Is the cloud the right choice for payroll?", Article by Zachary Pedersen, Canadian Payroll Reporter, November 2012
- Quoted in "Privacy czar cautions on web "leakage"", Article by Ann Macaulay, Investment Executive, October 2012
- Quoted in "Bring Your Own Device (BYOD)", FOIP FOLIO, September/October 2012
- "Online advertisers take notice: OPC continues to target interest-based advertising", Canadian Privacy Law Review, Vol.12 no.8, July 2015
- "CRTC surprises with initial anti-spam enforcement", Law Times, Volume 26, No.14, p.12, April 27, 2015
- "Are There Legal Foundations for CRTC Staff’s Guidance on CASL’s Computer Program Provisions?", Canadian Privacy Law Review, Volume 12, No. 2, January 2015
- "Europe Not Yet Satisfied with Adequacy of Quebec Privacy Law", Canadian Privacy Law Review, October 2014
- "5 Things Every Company's Data Security Program Should Include", Law Matters, JD Supra, April 24, 2014
- "Is Using Health Information for Interest–based Advertising Really Off Limits?", Internet and E-Commerce Law in Canada, Volume 14, No. 11, March 2014
- "3 Bitcoin Lessons for Designing a Private and Secure Payment System", Law Matters, JD Supra, January 30, 2014
- "Canada" in Corporate Acquisitions and Mergers (Looseleaf), Vol. 1 (Kluwer Law International, Netherlands) (Peter F.C. Begg, Editor-in-Chief)
- "The Government of Canada has announced that the majority of Canada’s Anti-Spam Legislation (CASL) will enter into force on July 1, 2014", Dentons Client Alert, December 5, 2013
- "Blurring of Personal and Professional E-mail Accounts", Canadian Privacy Law Review, Volume 10, No. 12, November 2013
- "Extending Privacy Protection Obligations to Non-profits in Alberta", Canadian Privacy Law Review, Volume 10, No. 11, October 2013
- "Content, Context, and Privacy in Warrantless Searches of Cell Phones and Cameras", Canadian Privacy Law Review, Volume 10, No. 8, July 2013
- "B.C. Investigation Shines Light on Personal E-mail and Records Management", Canadian Privacy Law Review, Volume 10, No. 6, May 2013
- "Hot Topic: Online Commerce - Canada", E-Commerce Law & Policy , Volume 16, No.4, April 2013
- "Cloud Computing: Plan for Storms", Canadian Corporate Counsel Association Magazine, Winter 2012
- Privacy and Security in Mobile E-Commerce (Presentation)
- "Social Media & Employees: When Every Little Thing Is Searchable", Canadian Privacy Law Review, Volume 10, No. 2, January 2013
- "Ownership and Policies Not Determinative of Privacy in Electronic Devices", Internet and E-Commerce Law in Canada, Volume 13, No.8, December 2012
- "MAC and IP Addresses: Personal Information?", Canadian Privacy Law Review, Volume 9, No. 10, September 2012
- "Enforceable Contracts Via Email", E-Commerce Law Reports, Volume 12, Issue 03, August 2012
- "Cloud Computing and the USA Patriot Act: Canadian Implications", Internet and E-Commerce Law in Canada, Volume 13, No.3, July 2012
- "Spoliation and Social Media", Internet and E-Commerce Law in Canada, Volume 13, No.2, June 2012
- "New Canadian Policy Position on On-Line Behavioural Advertising", Focus on Data Governance Law, June 2012
- "Are You Using A Limitation Period To Inform Records Retention", CCH Management Matters, June 2012
- "Writing Board Minutes for Peace of Mind", Focus on Corporate Governance, February 2012
Activities and Affiliations
- Member, Canadian Bar Association
- Member, Toronto Lawyers Association
- Member, American Bar Association
Community Involvement and Pro Bono
- Tim is the Chair of the Board of Directors of the Advocacy Centre for the Elderly, which is a community-based legal clinic primarily funded by Legal Aid Ontario. Prior to law school, Tim was awarded a Ph.D. in Social and Political Thought for his work on social, ethical and philosophical concepts of the “will” in health promotion activities in the 1990s related to meeting the HIV/AIDS pandemic. When he is not working or blogging, he might be found long-distance running. He's not particularly quick but he is a persistent half-marathoner and marathoner.
- Upcoming presenter, PIPEDA 2.0 New Governance Challenges, September 17, 2015
- “Developing Enterprise-Wide Guidelines and Procedures to Deal with Social Networking Sites and BYOD”, Canadian Institute, 19th Annual Regulatory Compliance for Financial Institutions, Toronto, November 14, 2013
- “Privacy Assurance in the Cloud: Addressing the Risks of Cross-Border Data Flows When Choosing Your Provider” (co-presenter), Canadian Institute, 11th Annual Forum on Privacy Law & Compliance, Toronto, November 6, 2013
- “What To Do When the Government Requests Your Data” (co-presenter), Dentons TMT Innovation Summit, Palo Alto, October 23, 2013
- “The Lifecycle of Your Privacy Rights” (co-presenter), Canadian Bar Association, 4th Annual Access to Information and Privacy Law Symposium, September 27, 2013.
- “Open Government, Interactive Government”, Federated Press, E-Discovery for Government, September 17, 2013
- “Leaky Websites, Smart Devices and Online Behavioral Advertising”, Association of Corporate Counsel (co-presenter), New York City, August 27, 2013
- “Hot Topics in Privacy”, Waterloo Region Law Association, Waterloo, June 12, 2013
- “Identifying and Managing Risk in Using Social Media and Bring-Your-Own-Device (BYOD) at the Office”, Canadian Institute, Records Retention & Electronic Information Management, Toronto, May 29, 2013
- “Privacy and the Elderly: Risk Management for Financial Institutions”, International Association of Privacy Professionals Canada Symposium, Toronto, May 24, 2013
- "Privacy and Security in Mobile E-Commerce", 7th Managing Privacy Compliance, Federated Press, Toronto, March 8, 2013
- "Consumer Privacy from A-Z", Minority Corporate Counsel Association CLE and Expo, San Diego, March 6, 2013
- "Big Data”, Privacy Law & Compliance, The Canadian Institute, Toronto, September 2012
- "Minute Taking Tips (& Traps)”, Canadian Corporate Counsel Association Conference, Vancouver, August 2012
- "Bulletproofing Board Minutes", Canadian Society of Corporate Secretaries Conference, Vancouver, August 2012
- "Protecting Privilege, Confidentiality and Privacy During E-Discovery", Federated Press Annual E-Discovery Conferences, Toronto, 2009 and 2010
- "Key Issues Throughout the Partnership Life Cycle", The Short Courts on Partnerships, Limited Partnership and Joint Ventures, Osgoode Law School, 2011 and 2012