A New Privacy Tort in Ontario: Publicity placing the Plaintiff in a False Light
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