On November 30, 2022, the monthly AccessPrivacy Call featured the latest edition of the Data Litigation Roundtable. Members of Osler's specialized privacy litigation team – Mark Gelowitz, Robert Carson, Lauren Tomasich and Kristian Brabander – joined host Adam Kardash for a discussion about recent decisions from across the country, specifically in the areas of data misuse and data breaches, and their significance in the Canadian privacy arena.
During the call, the panelists provided expert insight into a number of evolving issues, including
- the applicability of the tort of intrusion upon seclusion in the context of a data breach, as recently considered in a trilogy of Ontario Court of Appeal decisions
- potential vicarious liability of employers for unauthorized access of data by employees, as recently examined by the British Columbia Supreme Court
- the continuing trend of a high bar for class action certification in data breach cases
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