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.
The year 2022 continued to be positive for institutional clients involved in privacy breach class actions, with the Ontario Court of Appeal refusing to the expand the tort of intrusion upon seclusion to impose liability on institutions whose databases were hacked by unauthorized third parties.
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