Court Recognizes New Privacy Tort: “Public Disclosure of Embarrassing Private Facts”

In a case that can only add to the risk of privacy claims faced by organizations, the Ontario Superior Court of Justice recently awarded damages based on the new tort of “public disclosure of embarrassing private facts.” In Doe 464533 v N.D., the Court awarded damages to a plaintiff whose former boyfriend coaxed her to…

Court of Appeal Rejects Use of “Snapshot” Approach to Determine Exclusivity in Contractor Relationships

Employment relationships generally fall into one of three categories: employee, dependent contractor or independent contractor. Exclusivity is often a key consideration when determining what category applies. Recently, the Court of Appeal for Ontario considered the degree of exclusivity required in a dependent contractor relationship in Keenan v. Canac Kitchens Ltd. In Keenan, the plaintiffs had…