Owsianik v. Equifax Canada, 2021 ONSC 4112

One in 6 Ontario class actions allege privacy violations. This dynamic may change following the Divisional Court\’s determination in Ohsianik v. Equifax that collectors and guardians of personal data (“Database Defendants”) cannot be liable for intrusion upon seclusion when third parties steal or access that data. Liability is suppressed even where database defendants are alleged to have acted recklessly in the storage of that information such that the information was improperly accessed by a third party.