The Litigator
Commentary on Law Affecting Business
The Litigator
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THE LITIGATOR
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A New Privacy Tort in Ontario: Publicity placing the Plaintiff in a False Light

Karen Bernofsky

In December 2019, a Superior Court judge awarded damages for the first time for a new privacy tort (“Publicity which places the plaintiff in a false light in the public eye”) in Yenovkian v. Gulian, 2019 ONSC 7279. This matter arose from an acrimonious divorce. The judge, Justice Kristjanson, found that the husband, Mr. Yenovkian, created websites on which he posted, among other things, allegations of child abuse against his wife, Ms. Gulian, and videos of their child purporting to show the damage done by the alleged abuse. He also accused his wife of other crimes including theft, kidnapping, and ... [more] Full article

How Serious Must a Breach of Privacy be to Certify a Class Action?

In 2012, the Ontario Court of Appeal changed the face of privacy law in Ontario by creating a tort called “intrusion upon seclusion”. The tort, set out in the decision ... [more] Full article

Canada lags behind European countries in recognizing the Right to be Forgotten

A recent decision by Germany’s Constitutional Court that a convicted murderer has the “Right to be Forgotten” highlights the latest development in EU Privacy Law. It also underlines how far ... [more] Full article


Privacy Law Contributors

Jacob Millar

Jacob Millar

Affleck Greene McMurtry LLP

Jacob Millar is a versatile lawyer who as a law student and articling student has gained experience in civil and criminal litigation and administrative matters in Ontario, Nova Scotia and the U.K. As an associate with the firm, Jacob represents and advises clients in all manner of commercial disputes and competition law matters.

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