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Ontario Court of Appeal holds no intrusion upon seclusion for third-party data breaches in a trio of decisions

By Chloe Snider and Luca Lucarini
December 7, 2022
  • Class Actions
  • Intrusion upon Seclusion
  • Litigation
  • Privacy
  • Privacy Torts
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In a trio of decisions, the Ontario Court of Appeal has confirmed that the tort of intrusion upon seclusion is not available as a cause of action in class action proceedings involving so-called “Database Defendants” – i.e., defendants who, for commercial purposes, collect and store the private information of others and whose alleged failure to take adequate steps to store that information allowed third-party hackers to access or use that information. This is an important development in the privacy litigation landscape, particularly as it concerns class actions.

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Chloe Snider

About Chloe Snider

Chloe Snider is a partner in Dentons’ Litigation and Dispute Resolution and Transformative Technologies groups. Her practice focuses on litigating complex commercial disputes and assisting clients manage risk. She is a strategic and critical legal thinker who works efficiently to develop practical solutions for her clients.

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Luca Lucarini

About Luca Lucarini

Luca Lucarini is an associate in our Litigation & Dispute Resolution and Transformative Technologies and Data Strategy groups. Luca acts for clients on a variety of regulatory, commercial and civil litigation matters, with a particular emphasis on privacy and health law.

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