The appellants, employees at the Joyceville prison, brought an action against the Attorney General of Canada after an employee address listing circulated among the inmate population.
The motions judge struck the claims for breach of fiduciary duty and breach of s. 7 of the Charter on a Rule 21 motion.
The Court of Appeal allowed the appeal, finding that it was not plain and obvious that the claims could not succeed.
The court held that whether a fiduciary relationship existed and whether the release of private information engaged s. 7 of the Charter were questions best left for trial.