class action

  • Daniel Strigberger

    Ontario appeal court expands privacy breach tort to health care sector

    February 18, 2015 by

    The Court of Appeal for Ontario has held that a hospital can be sued (in a proposed class action) for a privacy breach.

    In Hopkins v. Kay, the class plaintiff alleged that her records as a patient at the Peterborough Regional Heath Centre were improperly accessed. She based her claim on the common law tort of intrusion upon seclusion, set out in Jones v. Tsige.

    The hospital brought a Rule 21 motion to dismiss the claim on the ground that the Personal Health Information Protection Act (“PHIPA”) is an exhaustive code that ousts the jurisdiction of the Superior Court to entertain any common law claim for invasion of privacy rights in relation to patient records.

    Read more →