Supreme Court of Canada Denies Appeal, Impacting Database Defendants: Find out how the denial of leave affects organizations storing personal information facing data breaches by unauthorized third parties. The article explores the requirement for compensable loss in data breach claims, the elements of the tort of intrusion upon seclusion, and the Trilogy of privacy class actions. Discover why the ONCA held that the tort does not apply to database defendants and the reaffirmation of principles from Babstock. Gain insights into the implications for plaintiffs, judicial efficiency, and the clarity it brings to moral damages claims.
In a trilogy of rulings released on November 25, 2022, the Ontario Court of Appeal (“Court”) has ruled that the tort of intrusion upon seclusion cannot extend to companies that collect.
The Ontario Court of Appeal recently ruled that an organization that fails to take adequate steps to safeguard personal information in its possession cannot be held liable under the.
The ability of victims of data theft in Ontario to sue organizations for failing to protect their information under a fledgling privacy right has been almost eliminated by a ruling of the province's appeal court. However, in a decision that will be of interest to data privacy officers, chief information security officers, chief executive officers