Court Finds Language of Privacy Act Precludes Arbitration of Privacy Disputes

Overview

There have been a number of recent decisions in the arbitration space regarding when it is appropriate to stay litigation in favour of arbitration and where it is not. In particular, recent appellate case law (e.g., Wellman, and Heller) discusses and interprets the principle set out in Seidel v. TELUS Communications Inc., 2011 SCC 15 that arbitration clauses will generally be enforced “absent legislative language to the contrary.”

In particular, these cases address whether statutory language in consumer protection and employment legislation constitutes “legislative language to the contrary” that precludes parties from agreeing to arbitrate. However, there was no case law that considered this issue in the context of the various privacy statutes that exist across Canada – until now.

Read More