New False Light Privacy Tort Recognized by Ontario Court

The case of Yenovkian v. Gulian is a significant case that, for the first time in Canada, has recognized a new privacy tort – “publicity placing a person in a false light.” The decision was decided by Justice Kristjanson of the Ontario Superior Court of Justice and released in late 2019. The case arose out…

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…

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…

Reaching Out – First Edition

Dear Friends, The Social Service Sector Practice Group is pleased to introduce its first FTR Now edition of Reaching Out. Reaching Out is our Social Service Update designed to provide you with legal updates on new and developing cases, trends and topics that are relevant to your sector and which provide you with information and…

Daniel Michaluk Quoted in Canadian Lawyer Magazine

Hicks Morley’s Daniel Michaluk was quoted in the April edition of Canadian Lawyer Magazine in an article entitled “Intrusion upon seclusion: what’s justifiable?“. In the article, Daniel discusses the issues for employers to consider in collecting information about employees inside and outside of the workplace. View Article

How the New Privacy Tort Will Affect Employers

On January 18th, 2012, the Court of Appeal for Ontario in Jones v. Tsige recognized a new “intrusion upon seclusion” civil cause of action. In this FTR Now, we describe the new cause of action (or “tort”) and identify its significance to employers. THE INTRUSION UPON SECLUSION TORT Under Ontario law it is now clear…

Ten Questions and Answers about Computer Use Policies

It’s January 2012. Last year the Court of Appeal for Ontario recognized that an employee had a reasonable expectation of privacy that arose out of his personal use of a work computer. As discussed in a companion FTR Now called How the New Privacy Tort Will Affect Employers, this month the Court of Appeal recognized…