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NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Green light for class actions

Thursday, May 21, 2015 @ 8:00 PM | By Lance Ceaser

Since the 2012 decision in Jones v. Tsige introduced the tort of intrusion upon seclusion, there has been a remedy when an individual wrongfully accesses or misuses another person’s private information. But will employers be held accountable for those privacy breaches when they are committed by an employee?

Two recent decisions in class actions suggest that employers should take this question seriously. An employer’s vicarious responsibility for Jones-type damages was first raised in the case of Evans v. Wilson [2014] O.J. No. 2708. Without the bank’s...