The ONCA upheld a decision striking out a claim for intrusion upon seclusion. Because the facts are a little complicated, here is the cast of parties:
- Desjardins – defendant, insurance company
- Constantino – defendant, employed by Desjardins as legal counsel
- Evison – plaintiff, insured
- Wakeling – plaintiff, former employee of Desjardins, close friend of Evison
Evison was pursuing an accident benefits insurance claim against Desjardins. Evison attended a case conference with Desjardins, represented by its counsel Constantino. At the conference, Evison was accompanied by her friend Wakeling, who was employed by Desjardins at the time. Evison also said Wakeling would be one of her witnesses at the insurance claim hearing. When Desjardins management learned about Wakeling’s involvement with Evison’s claim against them, they terminated Wakeling.