10 | Privacy Litigation
Cherniak, QC, Earl A.
Lerners LLP
(416) 601-2350
echerniak@lerners.ca
Mr. Cherniak is
a domestic and
international commercial
arbitrator and senior
counsel with wide
experience in appellate
advocacy, professional
responsibility, securities
and insurance litigation,
and constitutional and
administrative law.
Chiasson, Craig R.
Borden Ladner
Gervais LLP
(604) 640-4221
cchiasson@blg.com
Mr. Chiasson focuses on
international commercial
and investment
treaty arbitration, and
complex commercial
disputes. Has experience
in proceedings
administered by all the
major arbitral institutions,
ad hoc arbitrations and
British Columbia courts.
Cicchetti, Tina
Fasken Martineau
DuMoulin LLP
(604) 631-4868
tcicchetti@fasken.com
Ms. Cicchetti is counsel
and arbitrator in domestic
and international
commercial and
investment arbitration.
Her experience embraces
M&A, shareholder,
construction and
distribution matters
in ICC, AAA, ICDR,
JCAA, Swiss and other
proceedings.
Chernos, David
Chernos Flaherty Svonkin
LLP
(416) 855-0402
dchernos@
cfscounsel.com
Practice focuses
on corporate and
commercial litigation,
with an emphasis on
insolvency, restructuring,
income tax, directors'
liability and insurance,
estates litigation and
shareholders' disputes in
closely held companies.
Chua, Chia-yi
McCarthy Tétrault LLP
(416) 601-7715
cchua@mccarthy.ca
Mr. Chua leads
McCarthy's national tax
litigation group. Apart
from his courtroom work,
he is also well known
for securing imaginative
out-of-court settlements
for corporate clients, and
constantly making his
practice marketplace-
relevant.
Cohen, Robert B.
Cassels Brock &
Blackwell LLP
(416) 869-5425
rcohen@
casselsbrock.com
Mr. Cohen has a
commercial litigation
and arbitration practice
focused on shareholder
disputes for both private
and public companies.
He also advises boards of
directors in addressing
shareholder activism
and regulatory matters.
LEXPERT®Ranked Lawyers
and eff ort to challenge the OCA ruling.
Meanwhile, he says, to mitigate potential damages for
vicarious liability, companies need to review data security
measures, implement privacy protection policies, consider
whether there's a need to notify aff ected customers or em-
ployees in the event of a breach and evaluate every incident
to prevent recurrence.
On a purely person-to-person level, Smith says, those
seeking redress for cyber bullying might consider using this
tort in cases such as hacking and dissemination of an elec-
tronic diary. He concedes that it's a conduct typically associ-
ated with teens, and it seems very unlikely parents of a teen-
age defendant could be found liable in such a situation. "But
I've learned that some teens have more assets than you might
expect," and in other cases, it might not
be about the money.
"To some victims, it might be less about
the damages than the acknowledgement
that they've been wronged," he says. " e
fact that the damages are symbolic does
refl ect the reality that, on a certain level,
this is not about the money."
Smith's BLG colleague, Barry
Glaspell, says money is the least of the
reasons he thinks the new tort should
be struck down — but it's still worth
considering. A er winning her case,
Glaspell points out that Jones owed her
lawyer $130,000, less the $10,000 court
award. Jones then sued her lawyer and
he counterclaimed, seeking $68,000
for unpaid fees. Ontario Superior
Court found for the lawyer and awarded additional costs of
$16,000 against Jones for the second lawsuit.
It all underscores the point that distress and mental an-
guish are not fi t matters to bring before the courts, Glaspell
says. " e law doesn't correct everything by transferring a bit
of money from one person to another.
"I think our judges are suffi ciently busy with serious cases
that they don't need to consider cases where there's no cause
of action," Glaspell says. "We can all agree that what hap-
pened [in Jones] was wrong, off ensive, even 'highly off ensive.'
I just don't think everything that happens to us should have
a remedy in court."
Furthermore, Glaspell says, the new common law tort in-
trudes upon an area already occupied by statute law (passed
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