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 Michael D. Schafler

Mike is a commercial litigator with almost 25 years’ experience handling significant disputes, including class actions. He has also acted as counsel on many large international and domestic arbitrations and, in 2017, obtained the Q. Arb. designation. Mike has particular expertise in auditor's liability and financial services litigation, professional negligence, real estate litigation, shareholder disputes, securities litigation, including proxy contests and contested M&A deals, and regulatory and appellate energy cases. 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 manager of the Toronto LDR group. Mike has also acted as practice leader for the global Litigation and Dispute Resolution group.