CyberLex Insights on cybersecurity, privacy and data protection law

Tag Archives: intrusion upon seclusion

Lenovo and Superfish: Proposed Class Action Proceeds on Privacy Tort and Statutes

Posted in Cybersecurity, Internet of Things, Privacy

A recent privacy decision regarding pre-installed software on laptops may have implications for companies operating not only in the traditional hardware space, but for those companies venturing into the burgeoning “Internet of Things” ecosystem. In short, an Ontario court declined to strike the common law and statutory privacy claims, suggesting that courts are at least… → Read More

Federal Court of Appeal Comments on New Tort of “Publicity Given To Private Life”, Overturns Certification Order

Posted in Class Actions, Data Breach

The Federal Court of Appeal has provided some guidance on the recently-recognized tort of intrusion upon seclusion and the as-yet-unrecognized tort of publicity given to private life. In a class action decision largely reversing a Federal Court certification order, 2016 FCA 191, the Court of Appeal suggested that recognition of the tort of publicity given… → Read More

Nova Scotia “Implicitly” Recognizes Intrusion Upon Seclusion, Provides Related Guidance on Scope of Class Action Productions

Posted in Privacy

In the recent case of Hemeon v. South West Nova District Health Authority 2015 NSSC 287 (“Hemeon”), the Nova Scotia Supreme Court did two things: (1) arguably recognized the tort of “intrusion upon seclusion” for that province; and (2)  the discussed the extent of production obligations in class proceeding with respect to mental distress, which is not… → Read More

Federal Court Conditionally Certifies Privacy Breach Class Action

Posted in Data Breach, Privacy

In the recent decision of Doe v Her Majesty The Queen, 2015 FC 916 (“Doe”), the Federal Court granted conditional certification of a class action brought on behalf of members of the Marihuana Medical Access Program (“MMAP“). This conditional certification is notable as it, alongside the recent case Evans v. Bank of Nova Scotia (“Evans“), is… → Read More