The appellants appealed a motion judge's decision striking their claims for breach of privacy, breach of confidence, and punitive damages against an insurer and its counsel.
The claims arose after the appellant's friend attended a Licence Appeal Tribunal case conference as a witness, and the insurer's counsel reported this to the insurer, who subsequently terminated the friend's employment.
The Court of Appeal dismissed the appeal, finding that the attendance at the tribunal and the provision of a witness list did not constitute private information, and that the insurer's counsel owed no duty to the appellants.
Furthermore, any claim regarding the insurer's bad faith handling of the accident benefits claim was barred by section 280 of the Insurance Act.