At What Point Does the Failure of an Organization’s Security Safeguards Amount to Recklessness?

The tort of intrusion upon seclusion, as set out by the Ontario Court of Appeal in Jones v Tsige, requires the defendant’s conduct to be intentional, or, at a minimum, reckless. The question is: at what point does the failure of an organization’s security safeguards amount to recklessness? This was the question addressed by the Ontario Superior Court of Justice in the recent case, Wilson-Flewelling v Queensway Carleton Hospital, 2019 CanLII 65155 (ON SCSM) (“Queensway Carleton Hospital”).

The facts

The court heard that the Plaintiff, Ms. Wilson-Flewelling, had attended the defendant hospital (“Hospital”) to book a surgical procedure, that the Hospital’s medical office administrator had left a completed surgical booking package in the Hospital’s dedicated, locked drop box, and that the Plaintiff had unexpectedly received the package in the mail a week later.

Read More

Claims for Both Punitive Damages and Damages for Intrusion Upon Seclusion Survive

The Issue

Does entering someone’s house while he is out of the country and stealing his personal documents amount to conduct that is so reprehensible that it might warrant an award for punitive damages on top of damages for breach of privacy? This was the question addressed by the Ontario Superior Court of Justice in Furfari v Pedias, 2019 ONSC 4278 (“Furfari”).

The Facts

The Plaintiff, Mr. Furfari, had previously been friends with the Defendant, Mr. Pedias, and his brother Mario, who was the vice-president of the company that the Plaintiff had previously worked for, and which was now suing him in unrelated action.

Read More