Recognition Of New Torts And Other Recent Trends In Privacy Litigation (Webinar)

Amid major privacy legislative reform efforts across Canada, including the introduction of severe penalties for non-compliance and the contemplation of a private right of action in the federal private sector privacy regime, many organizations are keeping a close eye on their litigation risk exposure. In May's AccessPrivacy call, members of Osler's industry-leading privacy litigation team Mark Gelowitz, Emily MacKinnon and Robert Carson joined Adam Kardash to discuss recent trends and key themes in recent privacy jurisprudence.

One emerging trend in this sphere is the courts' recognition of new torts. The tort of intrusion upon seclusion, recognized in a 2012 Court of Appeal for Ontario case, arguably kicked off the last decade of action in this area, but plaintiffs have also made out two others in recent cases: public disclosure of private facts and publicity placing a person in a false light.