CITATION: Owsianik v. Equifax Canada Co., 2020 ONSC 5761
DIVISIONAL COURT FILE NO.: 12/20
DATE: 20201006
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: Alisa Owsianik, Plaintiff / Responding Party
AND:
Equifax Canada Co. and Equifax, Inc., Defendants / Moving Parties
BEFORE: D.L. Corbett, Fitzpatrick and Favreau JJ.
COUNSEL: David Sterns, Louis Sokolov, Jean-Marc Leclerc and Sabrina Callaway, for the Plaintiffs / Responding Parties
Laura F. Cooper, Sarah J. Armstrong, Alex D. Cameron and Pavel Sergeyev, for the Defendants / Moving Parties
HEARD at Toronto in writing: September 23, 2020
DECISION ON MOTION FOR LEAVE TO APPEAL
The motion for leave to appeal from the certification order of Glustein J. dated December 13, 2019 (2019 ONSC 7110) is granted in respect to the question set out below, with costs in the discretion of the appeal panel fixed at $11,300, inclusive.
The question for which leave to appeal is granted is as follows:
Did the motion judge err in finding that the tort of intrusion upon seclusion is available against collectors and custodians of private information, such as the defendants in this case, where the private information is improperly accessed by a third party, including in circumstances where the defendants are alleged to have acted recklessly?
D.L. Corbett J.
Fitzpatrick J.
Favreau J.
Date: October 6, 2020