David T. S. Fraser writes:
The Ontario Court of Appeal in Hopkins v. Kay, 2015 ONCA 112 (CanLII) has just ruled that the Personal Health Information Protection Act (PHIPA) doesn’t preclude common law claims for intrusion upon seclusion. In the decision under appeal, the motion judge held that it was not plain and obvious that the claim based on Jones v. Tsige could not succeed. He noted that the existence of PHIPA and other privacy legislation had been brought to the appeal court’s attention in Jones v. Tsige and refused to strike the claim under Rule 21.
Read more on Canadian Privacy Law Blog.