• In Condon v. Canada, the Federal Court of Appeal has ruled that negligence and breach of confidence should be included in the nature of the claims asserted in a class proceeding brought by thousands of students whose personal data was compromised by the federal government. A portable hard drive containing student names, dates of birth, addresses, student loan balances, and Social Insurance Numbers for 583,000 Canada Student Loans Program borrowers from 2002 to 2008 went missing and has not been recovered. A Federal Court judge had certified as a class proceeding the action related to claims for breach of contract and warranty and for the tort of intrusion upon seclusion, but excluded the claims for negligence and breach of confidence on the basis that they would fail for lack of compensable damages. The students though had claimed special damages for "costs incurred in preventing identity theft" and "out-of-pocket expenses." The matter will continue in Federal Court where the common questions in the class proceeding related to the claims for negligence and breach of confidence will be determined. 
  • Three hospital workers face charges under Ontario's Personal Health Information Protection Act (PHIPA) for snooping into former Toronto mayor Rob Ford's medical records, according to press reports. The allegations include "willfully collecting, using or disclosing personal health information." While there have been multiple investigations under PHIPA by the Office of the Information and Privacy Commissioner of Ontario, if the hospital workers are convicted, this would be the first successful Crown prosecution under PHIPA since it came into force in 2004. The three charged are to appear in court next on August 20 and face potential fines of up to $50,000.