Clarification of causes of action against database defendants

By Nina Butz and Mehak Kawatra (September 12, 2024, 2:14 PM EDT) -- On Nov. 25, 2022, the Ontario Court of Appeal released three decisions declining to apply the tort of intrusion upon seclusion to “database defendants” — i.e., organizations that collect and store personal information in the course of carrying on commercial activity and whose databases are “hacked” by unauthorized third parties. On July 13, 2023, the Supreme Court of Canada denied the plaintiffs’ motions for leave to appeal, representing a significant development for database defendants....