On November 25, 2022, the Ontario Court of Appeal released a trilogy of decisions that firmly shut the door on the pleading of the tort of intrusion upon seclusion by plaintiffs advancing proposed class actions against companies that have suffered a third party data breaches. Unless successfully appealed to the Supreme Court of Canada, these decisions – Owsianik v Equifax Canada Co, 2022 ONCA 813 (‘Owsianik’); Obodo v Trans Union of Canada, Inc, 2022 ONCA 814 (‘Obodo’); and Winder v Marriott International, Inc, 2022 ONCA 815 – raise a significant barrier to the certification of class actions in instances where criminals have accessed stored personal information of customers, but there is no evidence of resulting harm to those individuals … (more)
[Dana M Peebles and Cassidy Bishop, McCarthy Tetrault, 30 November 2022]
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