intrusion upon seclusion

Privacy class action to proceed

July 22, 2014 Adam Gorley Employee Relations, HR Policies and Procedures, Human Resources, Privacy and Security

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 […]

Bank of Nova Scotia, class action, common law tort for invasion of privacy, confidential information, Data breach, data fraud, employment law, Evans v. The Bank of Nova Scotia, fraud, intrusion upon seclusion, invasion of privacy, Jones v. Tsige, lack of oversight, personal information, personal information protection, privacy, vicarious liability

BC vs Ontario: BC Supreme Court confirms no common law tort for invasion of privacy

July 8, 2013 Occasional Contributors Employee Relations, Human Resources, Privacy and Security

The Supreme Court of British Columbia recently confirmed that there is no common law tort of invasion of privacy in that province. This is in contrast to an earlier decision from the Ontario Court of Appeal which accepted such a cause of action.

cause of action, common law tort for invasion of privacy, conduct must be intentional or reckless, Demcak v Vo, humiliation or anguish, intentional tort, intrusion upon seclusion, Jones v. Tsige, proof of damage, reasonable person would regard the invasion as highly offensive causing distress, technological changes, tort of invasion of privacy

Invasion of personal privacy

February 22, 2012 Earl Altman Employee Relations, Human Resources, Privacy and Security

The Ontario Court of Appeal decision in Jones v. Tsige deals with a novel claim, one for damages for invasion of personal privacy. This decision has garnered a great deal of comment in the popular press in the time since its release. Is the decision as radical as some writers have suggested? What are the implications for privacy rights in Ontario, and, in particular, the conduct of employers and employees?

breach of personal privacy, Canadian Charter of Human Rights and Freedoms, class action lawsuit, Court of Appeal, damages for invasion of personal privacy, disclosure of personal information, Due diligence, employment law, improper disclosure of confidential information, intrusion upon seclusion, invasion of personal privacy, Jones v. Tsige, ontario, personal information, privacy legislation, privacy rights in Ontario, Second Restatement of Torts, tort of breach of privacy