Four of a kind: Ontario Recognizes the Fourth Privacy Tort – False Light

In late 2019, the Ontario Superior Court recognized the tort of placing a person in a false light for the first time. This landmark decision completes the set of four privacy torts, which are now all recognized in Ontario, and has implications for businesses.

For background on the three other privacy torts, intrusion upon seclusion was recognized by the Ontario Court of Appeal in Jones v Tsige in 2012. Following this landmark ruling, in 2016 and again in 2018, the Ontario Superior Court recognized the tort of public disclosure of private facts.[1] Misappropriation of personality has been recognized in Ontario since the 1970s.[2]

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Use of AI Algorithm Triggers Lawsuit and Countersuit

As artificial intelligence (AI) becomes less of a curiosity and more of an everyday tool, disputes are increasingly arising over its operation and, when things go wrong, the question inevitably arises: whose fault is this and who’s liable? One high-profile example is the ongoing dispute between Hong Kong businessman Samathur Li Kin-kan and London-based Tyndaris Investments, in which Tyndaris is suing its client for $3 million in allegedly unpaid fees. In a countersuit, Mr. Li is claiming $23 million in damages allegedly resulting from Tyndaris’ use of algorithmic trading in managing his portfolio.

Tyndaris Case

The dispute centers around whether Tyndaris misled its client as to the AI’s capabilities, which means that the AI’s performance itself will be adjudicated.

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