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Jones v. Tsige

By McCarthy Tétrault LLP | 4 Minutes Read May 5, 2017

Cyberbullying and revenge porn: An update on Canadian law

The current nature of social media and, more broadly, the Digital Age, continues to create challenges for legislators and law enforcement officials alike. One such challenge arises in the cyberbullying context, where intimate (or otherwise private) images are uploaded to the Internet. These files can be copied, forwarded and shared instantaneously, making them seemingly impossible to delete retrospectively. There have been developments in both common law in statute.

Article by McCarthy Tétrault LLP / Business, Information Technology, Privacy / Breach of Confidence, canadian charter of rights and freedoms, Crouch v. Snell, Cyber-Safety Act, cyberbullying, distribution of pictures, Doe v N.D., Jones v. Tsige, mental distress, private right of action, The Intimate Image Protection Act

By Occasional Contributors | 4 Minutes Read December 9, 2016

New tort: Publicity given to private life

The Federal Court of Appeal has provided some guidance on the recently–recognized tort of intrusion upon seclusion and the as–yet–unrecognized tort of publicity given to private life.

Article by Occasional Contributors / Business, Finance and Accounting, Information Technology, Not for Profit, Payroll, Privacy / intrusion upon seclusion, Jones v. Tsige, privacy tort, publicity, Publicity given to private life

By Adam Gorley | 2 Minutes Read July 22, 2014

Privacy class action to proceed

eye-privacyCanada 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:

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

… Continue reading “Privacy class action to proceed”

Article by Adam Gorley / Employee Relations, Privacy / 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

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