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 Schafler has nearly 30 years’ experience handling complex commercial cases, both as counsel and arbitrator. He holds the FCIArb (Chartered Institute) and QArb (ADRIC) designations, and brings particular expertise in energy, natural resources (mining and forestry), professional liability, shareholder disputes and securities litigation — including proxy contests and contested M&A deals. He has appeared before all Ontario courts, the British Columbia Supreme Court and the Supreme Court of Canada. Mike is a member of the Firm’s global arbitration steering group and previously co-led both the global and national Litigation and Dispute Resolution groups. From 2017 to 2025, Mike was an elected member of the Firm’s National Management Board and served as its Chair during his last term. He has been President of The ADR Institute of Canada, Inc. since 2023, and is one of the founding Committee Members of CanArbWeek. Mike was in the Royal Canadian Navy from 1983 to 1992 navigating Destroyers and demonstrating a strong commitment to leadership, discipline, and public service throughout his military career.

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