Skip To Content

Osler Data Litigation Roundtable: highlights from recent jurisprudence in the privacy sphere

Author(s): Adam Kardash, Craig Lockwood, Emily MacKinnon, Jessica Harding

Jun 30, 2023

The May 2023 AccessPrivacy Monthly Call featured another installment of the Data Litigation Roundtable, offering insight, commentary and key takeaways related to recent jurisprudence in the privacy sphere. AccessPrivacy lead Adam Kardash hosted a discussion among members of the firm’s specialized privacy litigation team: Craig Lockwood, Emily MacKinnon and Jessica Harding.

Their conversation focused on a number of topics, including

  • the Federal Court’s de novo decision on privacy considerations in the Facebook/Cambridge Analytica matter, where the court considered issues of third-party consent and the scope of safeguarding obligations;
  • the trio of “database defendant” decisions released by the Ontario Court of Appeal in 2022, discussing the application of the tort of intrusion upon seclusion in data breach cases;
  • recent developments in British Columbia case law on the burden of proof and other evidentiary issues around consent to process personal information.

Tha call also includes an update about the Osler Privacy Jurisprudence Review, an accessible, practical resource for in-house counsel, chief privacy officers and compliance professionals that will provide summaries of recent notable decisions issued by Canadian courts and commentary from Osler litigation partners. The first edition is forthcoming and will feature topics such as privacy class actions and recent trends in employee privacy, biometrics and AI.

Watch the webinar