October 14, 2022
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court in Hawke v. Western University, 2022 ONSC 5243. Overview This case involved a complaint regarding the collection of private health information by Western University pursuant to its COVID-19 Vaccination Policy published August 22, 2022. Background Effective August 22, 2022, the […]
September 09, 2022
An article by Meryl Rodrigues, “Court of Appeal Upholds Coverage Denial for Intrusion Upon Seclusion“, has been published in Canadian Journal of Insurance Law. The article addresses an appeal of a duty to defend action commenced by a nurse against a commercial liability insurer. The nurse had wrongfully accessed the records of more than 11,000 […]
March 16, 2022
By Christopher MacDonald On February 7, 2022, the Supreme Court of British Columbia recognized the tort of false light as a potentially legally tenable claim for the first time in the decision of Durkin v. Marlan, 2022 BCSC 193. As discussed below, the Durkin decision shows that the trend across provincial jurisdictions towards the increased […]
December 15, 2021
By Christopher MacDonald Last week, on December 9, 2021, the Privacy Commissioner of Canada, Daniel Therrien, published his final annual report wherein he called upon the federal government to “bring Canada into the modern era by adopting rights-based privacy laws that will reflect Canadian values and support responsible innovation.” The Commissioner pointed to successive large […]
July 28, 2021
By Chris MacDonald In 2018, a new tort of public disclosure of private information was recognized by the Ontario Superior Court in Jane Doe 72511 v N.M., 2018 ONSC 6607. In this decision, the defendant was found liable for uploading an intimate video of the plaintiff on an explicit website without the plaintiff’s knowledge or […]
April 28, 2021
By Andrew Yolles The Ontario Superior Court recently released joint decisions in Mallette v. Bank of Montreal, 2021 ONSC 2924, and Bannister v. Canadian Imperial Bank of Commerce, 2021 ONSC 2927, approving the settlement of both class actions arising from a data breach that occurred at BMO and CIBC in May of 2018. Background On […]
