Tassia Poynter

This appeal concerns the applicability of the tort of intrusion upon seclusion to "Database Defendants" (entities that collect and store personal information) when a data breach occurs due to the alleged negligence or recklessness of the defendant, but the actual intrusion is committed by independent third-party hackers.

The Court of Appeal for Ontario affirmed the Divisional Court's decision, holding that the tort of intrusion upon seclusion, as defined in Jones v. Tsige, requires an act of intrusion by the defendant itself, not merely a failure to prevent intrusion by others.

The court dismissed the appeal, concluding that the plaintiffs' claim, which alleged Equifax's failure to protect data from hackers, did not disclose a viable cause of action for intrusion upon seclusion against Equifax.

The plaintiffs brought a proposed class action on behalf of prisoners and their families, alleging that Bell Canada and Ontario charged unconscionable rates for collect calls from provincial correctional facilities.

The plaintiffs sought certification, while the defendants brought cross-motions to stay the action, arguing the Canadian Radio-television and Telecommunications Commission (CRTC) had exclusive jurisdiction.

The Superior Court of Justice struck the plaintiffs' claims for an ultra vires tax and breach of the Telecommunications Act, finding it plain and obvious they could not succeed.

The court permanently stayed the remaining claims, concluding that the pith and substance of the dispute concerned telecommunications rates, which fall squarely within the specialized jurisdiction and remedial authority of the CRTC.

In a proposed class action regarding the rates charged for collect calls made by prisoners in Ontario correctional facilities, the plaintiffs brought a motion to strike portions of an affidavit sworn by an employee of the defendant telecommunications company.

The plaintiffs argued the affiant was improperly giving expert opinion evidence.

The court dismissed the motion, finding that the affiant was providing factual evidence regarding the regulatory framework and the operation of the telephone system, not expert opinion.

A case management conference was held to schedule two motions for leave to appeal a decision appointing carriage counsel in a class action.

The court established a timetable for the exchange of motion materials, directed the creation of a joint record and electronic drop box, and ordered that the motions proceed in writing before a three-judge panel of the Divisional Court.

Three competing groups of law firms sought carriage of a proposed class action against LifeLabs following a massive data breach affecting 15 million patients.

The court evaluated the competing proposals based on factors including the experience of counsel, overall approach, and proposed fee arrangements.

Carriage was awarded to the McPhadden Group (the Carter action) because their proposal for a single national class action was preferred over parallel actions, and their proposed contingency fee arrangement was significantly more cost-effective for the class.