Ontario Superior Court Confirms Hacked Companies are not “Intruding” on Anyone’s Seclusion

In Winder v Marriott International Inc. , the Ontario Superior Court of Justice has recently confirmed that a hacked company is not an “intruder” within the meaning of the tort of intrusion upon seclusion. Thus, no reasonable cause of action based on this tort lies against a company solely because it has been the victim of a hack.

We provide the key highlights of the case and explore the use of the tort of intrusion upon seclusion in cases of data breaches. Click here.

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About Mike Schafler

Mike has almost 30 years’ experience handling complex commercial cases, both as counsel and arbitrator. He holds the FCIArb (Chartered Institute) and QArb (ADRIC) designations. He is President Elect of ADRIC and one of the founding Committee Members of CanArbWeek. Mike is currently a member of the Canada Region National Board, to which he was elected after serving as co-lead of the Dentons Canada Litigation and Dispute Resolution (LDR) group and, before that, manager of the Toronto LDR group. Mike is currently a member of the Firm’s global arbitration steering group and previously co-led the Firm’s global LDR group.