Hynes v Western Regional Integrated Health Authority 2014 CanLII 67125; tort of privacy

November 28, 2014 |

In Hynes v. Western Regional Integrated Health Authority, 2014 NLTD(G) 137 the Supreme Court of Newfoundland  found that notwithstanding the existence of the statutory invasion of privacy law does not preclude the existence of the common law “intrusion upon seclusion” tort as described in Jones v Tsige, a Court of Appeal Decision from the Supreme Court of Ontario.

The proceeding arose from inappropriate browsing of personal health records by an employe of the defendant health authority. The application the subject of this decision  focused on whether the pleadings disclosed a cause of action.

 The court ordered  that the case could proceed on the following bases:

  • breach of privacy based on statutory tort established under the Privacy Act;
  • breach of privacy based on common law tort (“intrusion upon seclusion”);
  • negligence; and
  • breach of contract.

2 Responses to “Hynes v Western Regional Integrated Health Authority 2014 CanLII 67125; tort of privacy”

  1. Hynes v Western Regional Integrated Health Authority 2014 CanLII 67125; tort of privacy | Australian Law Blogs

    […] Hynes v Western Regional Integrated Health Authority 2014 CanLII 67125; tort of privacy […]

  2. it is me

    Fantastic Blog entry !!! – I clicked upon the first link and that took me to a Canadian Privacy Law Blog – a bit like yours. After reading that blog I then clicked upon the link that took me to the FULL judgment not only that – but more than that – it contains the links – to all of the case citations used to enable such a judgment !!!! I am very much excited and very much looking forwards to enjoying all of these privacy cases – Thank you for the great share 🙂

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