We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to...more
In our 2024 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead....more
The Supreme Court of Canada’s Denial of Leave to Appeal in the Intrusion Upon Seclusion Trilogy -
On July 13, 2023, the Supreme Court of Canada denied leave to appeal from three Ontario Court of Appeal decisions declining...more
On July 13, 2023, the Supreme Court of Canada (SCC) denied leave to appeal from three Ontario Court of Appeal (ONCA) decisions declining to apply the tort of intrusion upon seclusion to database defendants—i.e., organizations...more
2022 continued to be positive for institutional clients involved in privacy breach class actions, with the Ontario Court of Appeal refusing to expand the tort of intrusion upon seclusion to impose liability on institutions...more
6/5/2023
/ Canada ,
Class Action ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Hackers ,
Privacy Laws ,
Supreme Court of Canada
We begin with an update on a trilogy of privacy class actions appeals in which plaintiffs sought, unsuccessfully, to expand the tort of intrusion upon seclusion.
Next, we canvass the various approaches of Ontario courts...more
In a “rare inversion of a typical problem,” the case of Electek Power Services Inc. v Greenfield Energy Centre Limited Partnership, contains an overview of the relevant principles applicable to the determination of an...more
Recent developments in the privacy class actions space favour businesses facing ongoing risks in maintaining the privacy of individuals’ information collected for business use. While businesses must continue to adhere to...more