The Lawyer’s Daily reports that according to plaintiff’s counsel in Tucci v. Peoples Trust Company 2020 BCCA 246, the Court of Appeal for British Columbia breathed new life into a possible common law privacy tort as it upheld the certification of a data breach class action.
“The arguable existence of torts for breach of privacy or intrusion upon seclusion did not actually come before the three-judge panel in the case of Tucci v. Peoples Trust Company 2020 BCCA 246, a fact lamented by Appeal Court Justice Harvey Groberman as he opined that “the time may well have come for this Court to revisit its jurisprudence” on the issue.”
Do you think that the “breathing new life” assertion is viable or a stretch? Or something else? Let us know in the comments below.