Cybersecurity Litigation: Five Trends Unpacked

Rising data breaches put companies at the crossroads of tech innovation and legal risk. Dive into Canada's cybersecurity litigation landscape with these five top trends from our Canadian Cybersecurity Trends Study.

1. Privacy Class Action Certification. In 2022, appellate courts upheld denials of certification in key cases like Broutzas v. Rouge Valley Health System and Setoguchi v. Uber BV. The primary hurdle? Insufficient evidence of misuse or compensable harm. This trend is a sign that courts will continue to carefully scrutinize proposed privacy class actions.
2. Intrusion Upon Seclusion Claims. The Supreme Court of Canada denied leave to appeal in Owsianik v. Equifax Canada Co., which ruled victims of cyberattacks can't be liable under this tort. Part of a trilogy, the ruling limits claims in cybersecurity cases and remains binding precedent in Ontario (and a persuasive authority in other common law provinces).