8 | Privacy Litigation
Cameron, Donald M.
Bereskin & Parr LLP
(416) 957-1171
dcameron@
bereskinparr.com
Mr. Cameron is a partner
with Bereskin & Parr LLP.
His practice focuses on
intellectual property
litigation, particularly
relating to patent,
trade-mark, copyright,
trade secrets law and
technology licences,
as well as trade-mark
prosecution.
Campbell, Nigel
Blake, Cassels &
Graydon LLP
(416) 863-2429
nigel.campbell@
blakes.com
Mr. Campbell practises
securities and corporate
commercial litigation,
and administrative law.
He has a national capital
markets and broker law
practice in the courts
and before all securities
regulators.
Capern, Gordon D.
Paliare Roland Rosenberg
Rothstein LLP
(416) 646-4311
gordon.capern@
paliareroland.com
Mr. Capern advises
clients in the resolution
of disputes in many
areas of corporate and
commercial activity,
mergers and acquisitions,
liability of professional
advisors, shareholder
and partnership disputes,
director & offi cer and
employee litigation.
Campbell, A. Neil
McMillan LLP
(416) 865-7025
neil.campbell@
mcmillan.ca
Dr. Campbell focuses
on competition, trade
and energy law. He
acts in cartel, abuse of
dominance and merger
cases, as well as foreign
investment reviews
and anti-dumping and
other trade issues. He
is past Chair of the
Ontario electricity
market monitor.
Campion, John A.
Fasken Martineau
DuMoulin LLP
(416) 865-4357
jcampion@fasken.com
Mr. Campion's trial and
appeal practice has
produced over 270
reported decisions from
courts including the SCC,
tribunals and arbitrations.
His experience includes
class action, corporate/
commercial, mining,
energy, competition
and securities cases.
Carfagnini, Jay A.
Goodmans LLP
(416) 597-4107
jcarfagnini@
goodmans.ca
Mr. Carfagnini focuses
on banking, fi nancing,
reorganizations,
bankruptcy and
insolvency with an
expertise in cross-border
and international matters
involving the US and
the UK. He has advised
on most recent major
Canadian restructurings.
LEXPERT®Ranked Lawyers
ances of 583,000 borrowers went missing.
While some litigators say every organization collecting
the personal information of employees or customers needs
to take heed and tighten controls, others predict the new tort
will not survive its fi rst encounter with the Supreme Court
of Canada. Some say the Ontario Court of Appeal itself may
rule against the expansion of the new tort into class actions.
"In Canadian law, there's been a great reluctance to allow
people to sue for damages that aren't readily quantifi able,"
says Toronto lawyer Michael Smith of Borden Ladner Ger-
vais LLP (BLG). " is decision [Jones] goes against that tra-
dition." Historically, direct fi nancial losses could be tallied
up and ill-gotten gains could be ordered disgorged. But until
Jones, hurt feelings and emotional distress had not counted
for much in Canadian courts.
In Jones, the Ontario Court of Appeal (OCA) found that
Bank of Montreal employee Winnie Tsige, the new girl-
friend of Sandra Jones's former husband, had electronically
accessed Jones's bank records 174 times, ostensibly to see
whether Jones's ex was paying child support.
"Technological change poses a novel threat to a right of
privacy that has been protected for hundreds of years by
common law … and that, since 1982 and the Charter [of
Rights and Freedoms], has been recognized as a right that
is integral to our social and political order," the court said in
assessing damages of $10,000 against Tsige. e tort of in-
trusion upon seclusion was established in Ontario if there
is an invasion of private aff airs without lawful justifi cation;
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