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Banking & Financial Services

Ontario Court of Appeal recognizes tort of invasion of personal privacy in case involving two BMO employees

Jurisdiction: - Ontario

In a decision issued on January 18, 2012 - Jones v. Tsige, 2012 ONCA 32 - the Ontario Court of Appeal recognized the tort of invasion of personal privacy in case involving two BMO employees.

The court then awarded $10,000 in damages to the employee whose privacy has been breached.

For more background on this case, see my May 9, 2011 post here: "Ontario Court of Appeal to consider tort of invasion of privacy in work context case".

Ontario Court of Appeal to consider tort of invasion of privacy in work context case

Jurisdiction: - Ontario

The Law Times ran a story ("Appeal court to consider privacy tort") today on the decision in Jones v. Tsige, 2011 ONSC 1475.

It is a case concerning two employees of the Bank of Montreal who worked at different branches. Over the course of four years, one employee (the "Defendant") accessed the personal banking information of the other employee, who was also a customer of the bank (the "Plaintiff"), on 176 occasions. 

Rather than filing a complaint with the federal privacy commissioner under PIPEDA, and ultimately going to the federal court for recourse, the Plaintiff sued the Defendant for the common law tort of invasion of privacy.

In its decision issued on March 23, 2011, the Ontario Superior Court of Justice, citing precedent, ruled that there is no tort of invasion of privacy in Ontario.

The Ontario Court of Appeal will now have an opportunity to weigh in on this issue.  read more »

Supreme Court of Canada denies leave to appeal in Soost v. Merrill Lynch Canada employment termination case

The Supreme Court of Canada has denied leave to appeal of the Alberta Court of Appeal's decision in Merrill Lynch Canada Inc. v. Soost, 2010 ABCA 251.

The trial judge in this case had determined that the employer did not have just cause to terminate Mr. Soost's employment and had awarded him damages as follows:

  • $600,000 on account of his notice period; and
  • $1.6 million in damages to his reputation and book of business or goodwill. This award was made pursuant to the principles expressed in Honda v. Keays 2008 SCC 39.

On appeal, the Alberta Court of Appeal quashed the $1.6 million damages award. (The notice period damages were not appealed).

Split three-judge panel of Ontario Divisional Court upholds decision to not certify CIBC overtime class action

Jurisdiction: - Canada/Federal

In a decision issued on September 10, 2010 - Fresco v. Canadian Imperial Bank of Commerce, 2010 ONSC 4724 - a split three-judge panel of the Ontario Divisional Court upheld the decision of an Ontario Superior Court motion judge to not certify an overtime class action against CIBC.

It looks like the Ontario Divisional Court's decision will now be further appealed to the Ontario Court of Appeal. See this case summary - "Ontario Court Affirms Decision Denying Certification in CIBC Overtime Action" (September 17, 2010) -  by law firm Torys.

My two posts on the original June 2009 decision by the motions judge can be found here and here.