Default Judgment Giving Rise to New Tort of “Public Disclosure of Embarrassing Private Facts” Set Aside

Early in 2016, we reported on a case in which the Ontario Superior Court articulated a new private tort: “public disclosure of embarrassing private facts.” The plaintiff in that case had been coaxed by a former boyfriend (the defendant) to send him a sexually explicit video of herself. Despite promising the plaintiff confidentiality, the defendant…

Ontario Establishes Shared Health Services Agency for LHINs

The Ontario government has filed a new regulation under the Local Health System Integration Act, 2006 (Act) to further support recent reforms to the province’s frontline healthcare service delivery model. Now in effect, O. Reg. 456/16 formally establishes the “Health Shared Services Ontario” Agency (Agency) pursuant to the regulatory powers set out in section 39…

Procedural Power of Courts Not Constrained by PIPEDA

In Royal Bank of Canada v. Trang, the Supreme Court of Canada held that the Personal Information Protection and Electronic Documents Act (PIPEDA) does not interfere with the procedural powers of a court. The decision arose out of a situation in which past judicial interpretation and application of PIPEDA had impeded the ability of the…

Ten Incident Response Tips – Part 2

In Part 1 of this two-part series on data security incident response, we identified five “norms” to guide your incident response process…