Brian N. Radnoff and Jacky Cheung of Dickinson Wright write:
Since the Ontario Court of Appeal’s decision in Jones v Tsige, creating an Ontario version of the tort of invasion of privacy called “intrusion upon seclusion”, privacy-related class actions have emerged as a growth area. Many of these have focused on the institutional release of personal information and some have been successfully certified. However, a review of two recent Ontario Superior Court decisions, Broutzas v Rouge Valley Health System and Kaplan v Casino Rama, highlight some of the difficulties in certifying these types of actions. In both cases, certification of the class action was refused.
Broutzas v Rouge Valley Health System involved a proposed class action relating to hospital employees selling to RESP salespeople the contact information of women who had recently given birth.
Read more on Canada-U.S. Business Law Blog.