Somwar v. McDonald's Restaurants of Canada Ltd., 2006 CanLII 202 (ON S.C.)

  • January 10, 2006

Date: 2006-01-10 Docket: 05-CV-283913-SR. Stinson J. | Link

"With advancements in technology, personal data of an individual can now be collected, accessed (properly and improperly), and disseminated more easily than ever before. There is a resulting increased concern in our society about the risk of unauthorized access to an individual's personal information. The traditional torts such as nuisance, trespass, and harassment may not provide adequate protection against infringement of an individual's privacy interests. Protection of those privacy interests by providing a common law remedy for their violation would be consistent with Charter values and an "incremental revision" and logical extension of the existing jurisprudence." (para 29)