On January 4, 2018, United States Customs and Border Protection (“USCBP”) updated its official policy on border searches of electronic devices. The new policy directive (the “New Directive”) supersedes its prior policy directive (the “Prior Directive), which was issued on August 20, 2009. The New Directive addresses some, but not all, of the issues that arise in relation to border searches of electronic devices.
In Catalyst Capital Group Inc v Moyse, 2016 ONSC 5271 the Ontario Superior Court considered whether the defendant, Brandon Moyse, who deleted his Internet browsing history from his personal computer in the face of a preservation order, had intentionally destroyed relevant evidence, giving rise to spoliation. Spoliation is an evidentiary rule that gives rise to a rebuttable presumption that destroyed evidence would be unfavourable to the party that destroyed it.
Canada will see its first class action lawsuit based on the new tort of invading another’s privacy, after a Bank of Nova Scotia employee leaked customers’ personal information to his girlfriend for personal gain. At least 138 customers were subsequently defrauded. Ontario’s Superior Court accepted that the employer was vicariously liable for the employee’s actions and certified the class of 643 customers whose files the employee had accessed and potentially leaked.
Intrusion upon seclusion
Intruding upon a person’s seclusion means intentionally or recklessly invading her or his private affairs without justification, causing the person distress, humiliation or anguish. This tort of intrusion upon seclusion is only a recent creation. In 2012:
… Continue reading “Privacy class action to proceed”
The Ontario Court of Appeal reversed an established principle that there is no such thing as a tort of invasion of privacy… the Court decided that it was now appropriate to confirm the existence of a tort of invasion