Insurance Blogs hosted by Canadian Underwriter
Insurance Blogs hosted by Canadian Underwriter
The Court of Appeal for Ontario has held that a hospital can be sued (in a proposed class action) for a privacy breach.
In Hopkins v. Kay, the class plaintiff alleged that her records as a patient at the Peterborough Regional Heath Centre were improperly accessed. She based her claim on the common law tort of intrusion upon seclusion, set out in Jones v. Tsige.
The hospital brought a Rule 21 motion to dismiss the claim on the ground that the Personal Health Information Protection Act (“PHIPA”) is an exhaustive code that ousts the jurisdiction of the Superior Court to entertain any common law claim for invasion of privacy rights in relation to patient records.
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In Amello v. Bluewave Energy Limited Partnership, 2014 ONSC 4040, Ontario Superior Court Justice Perell dealt with a number of issues including, of most interest, a party’s obligation to pay defence costs when it has agreed to include another party as an…
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