Privacy Litigation | 7
Brown, Alexandra K.
Blake, Cassels &
Graydon LLP
(416) 863-2367
alexandra.brown@
blakes.com
Ms. Brown practises
tax litigation and
dispute resolution. She
represents domestic
and international
clients, drawing on her
experience as a senior
tax litigator at the
Department of Justice
and her years practising
in large national
law fi rms.
Bunting, James (Jim)
Davies Ward Phillips
& Vineberg LLP
(416) 367-7433
jbunting@dwpv.com
Mr. Bunting's broad
litigation practice
includes corporate
commercial disputes,
class-action defence,
securities matters,
advertising disputes,
D&O liability, insolvency,
defamation, franchise law
and sports disputes.
Byers, David R.
Stikeman Elliott LLP
(416) 869-5697
dbyers@stikeman.com
Mr. Byers heads the
Toronto Litigation
Group. His practice
includes commercial
litigation at trial and
appeal. A member of the
Insolvency Institute of
Canada, the Litigation
Counsel of America and
a former director of The
Advocates' Society.
Buckley, Timothy O.
Borden Ladner
Gervais LLP
(416) 367-6169
tbuckley@blg.com
Mr. Buckley defends
companies,
municipalities, utilities,
hospitals, manufacturers
and software users in his
commercial litigation
practice, including cases
involving class actions,
product liability, and
scientifi c or technology
elements.
Burke, Andrea L.
Davies Ward Phillips
& Vineberg LLP
(416) 367-6908
aburke@dwpv.com
Ms. Burke's civil litigation
practice focuses on
all types of corporate/
commercial litigation.
She has signifi cant
securities law experience,
including securities class
actions and enforcement
and contested
transaction matters
before the OSC.
Callaghan, John E.
Gowling Lafl eur
Henderson LLP
(416) 369-6693
john.callaghan@
gowlings.com
Mr. Callaghan has a broad
practice, including civil
litigation, commercial
litigation and regulatory
off ence work. He
specializes in complex
cases, including class
actions. He appears
before all levels of courts
and arbitration tribunals.
IT HAS THE cloying rhyme of a bad rap refrain — and a long history
in American legal thought as one of four defi ned torts for invasion of
privacy. Depending on your view, the Ontario Court of Appeal either
defi ed or transcended Canadian legal tradition to recognize a new tort of
"intrusion upon seclusion" in Jones v. Tsige.
Now the Ontario Superior Court has certifi ed the fi rst class action
under the new tort in the case of Evans v. e Bank of Nova Scotia and
also rejected a motion to quash a class-action claim in Hopkins v. Kay. In
both these cases, large institutions are named as defendants by hundreds
of class participants whose personal information was accessed. And the
biggest privacy class to date has been certifi ed by the Federal Court in
Condon v. Canada, where a hard drive containing the student loan bal-
MOST COURTS HAVE BEEN RELUCTANT
TO AWARD DAMAGES FOR PRIVACY VIOLATIONS,
BUT THE TIDE MAY BE TURNING
By Brian Burton
SUING
FOR PRIVACY
VIOLATIONS
LEXPERT®Ranked Lawyers
