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Data litigation roundtable (webinar)

Author(s): Adam Kardash, Kristian Brabander, Robert Carson, Mark A. Gelowitz, Lauren Tomasich, Emily MacKinnon

Oct 25, 2023

For the October 2023 AccessPrivacy call, several partners from Osler’s specialized privacy litigation team joined AccessPrivacy lead Adam Kardash for a rapid-fire roundtable discussion. Kristian Brabander from the firm’s Montréal office, Robert Carson, Mark Gelowitz and Lauren Tomasich from the Toronto office and Emily MacKinnon from the Vancouver office offered expert commentary and insight on the key takeaways from recent data and privacy litigation decisions.

The wide-ranging conversation covered a number of privacy topics, such as

  • trends in data breach class actions, including the waning role of the tort of intrusion upon seclusion and the creativity of plaintiffs’ counsel in Québec when filing new claims
  • the vicarious liability of an employer for the misuse of data by a rogue employee as seen in the B.C. Court of Appeal decision Ari v. Insurance Corporation of British Columbia
  • the impact of the severe penalty provisions contained in Québec’s Law 25
  • developments in litigation involving the use of evidence generated by AI
  • the “right to be forgotten” as considered in the recent case involving Google
  • authentication considerations in individuals’ right to access their information

Watch the webinar