Intrusion upon seclusion is not concerned with dissemination: No privacy breach where lawfully obtained information used to terminate employee

In Wakeling v. Desjardins General Insurance, the Ontario Court of Appeal upheld the Ontario Superior Court’s decision to strike a claim for intrusion upon seclusion in a motion against an insurer and its counsel. The case is notable for its discussion of the interplay of counsel’s duty to provide information to his or her client about an ongoing proceeding to which it is a party, and the determination of whether information about a case conference is private.

We provide the key highlights of the case, what it means for employers and why dissemination of information is not considered as an intrusion here.