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Bennett Jones LLP

Legal Uncertainty for Database Defendants? Appeal Courts Assess Privacy Causes of Action With Varying Outcomes

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The past year has introduced some uncertainty for institutional defendants facing privacy breach class actions in Canada. While Ontario’s Court of Appeal has been consistent in its approach to class actions against “database...more

Bennett Jones LLP

Data Spring Cleaning: Minimize Your Liability

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When we are retained by clients to guide them through a cyber-attack in which information has been stolen by a threat actor, we almost always find that the client has unnecessarily stored sensitive information far beyond the...more

Stikeman Elliott LLP

Intrusion Upon Seclusion Claims In Privacy Breach Class Actions? Court of Appeal Trilogy Offers Guidance

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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 and store personal information and fall...more

Stikeman Elliott LLP

Ontario Court of Appeal Removes Confusion: Negligent Security not an “Intrusion Upon Seclusion”

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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 tort of intrusion upon seclusion when that...more

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