In the digital age, privacy litigation is one of the most dynamic areas of law. The law is evolving quickly, drawing on concepts developed before privacy regulators and in criminal cases. Matters are often litigated in a technical context, requiring an understanding of information systems and complex new and emerging technologies. Moreover, the “open courts” principle can conflict with the need to keep information secret and complicate litigation.

Whether you retain us to act in defence of a privacy claim, to defeat the certification of a proposed class action for data loss, or to recover (or resist the disclosure of) sensitive or confidential information, Hicks Morley brings the pragmatic and forceful litigation approach necessary to advocate on your behalf.


Our team of established privacy lawyers regularly litigates before administrative tribunals and courts. We respond to privacy complaints and access to information requests on behalf of our clients, make submissions to the Information and Privacy Commissioner of Ontario (IPC) and bring judicial reviews of IPC decisions, when appropriate. Likewise, we have appeared at all levels of court—including the Supreme Court of Canada—representing parties or intervenors in precedential privacy cases.

With our detailed knowledge of the federal and provincial privacy regimes, including health privacy legislation and regulations, we can proactively assist our clients in complying with their obligations and develop case strategies to potentially avoid or minimize litigation.

As a recognized leader in this area, our privacy litigators regularly present at, and participate in, seminars involving various aspects of privacy litigation.

The Hicks Morley Advantage

Our team has specialized knowledge combined with litigation acumen, providing you with effective representation in all privacy litigation matters. Our proven track record is based on a long history of working with various clients in a number of sectors and in defending their interests in this increasingly complex area of litigation. While information, data security and privacy is still an emerging concern for many organizations, we have more than 20 years of experience in achieving results for our clients.

We confidentially assess matters despite the uncertainty that is typically associated with privacy litigation, and develop strong and creative positions based on a thorough understanding of privacy law and information systems and technologies.