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The Limits to Class Action Privacy Claims in Ontario

Posted on October 9, 2019June 24, 2025 by Dissent

Brian N. Radnoff and Jacky Cheung of Dickinson Wright write:

Since the Ontario Court of Appeal’s decision in Jones v Tsige,[1] 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.[2] However, a review of two recent Ontario Superior Court decisions, Broutzas v Rouge Valley Health System[3] and Kaplan v Casino Rama,[4] 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.

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