The appellants, Canada School of Public Service and Pierre Leduc, appealed an order dismissing their motion to stay or dismiss the respondent's claims for breach of privacy and intrusion upon seclusion.
The motion judge had found that the essential character of the privacy torts, which related to the employer's actions in involving the police, did not arise from the collective agreement and were therefore actionable in court.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the motion judge's conclusion that the evidentiary record did not establish the police contact was part of the employment context.
