Legal Aid Ontario Data Breach (2010)

On October 31st, the Ontario Superior Court of Justice ordered general damages for breach of privacy under our new tort. This is another love triangle case involving an improper access to personal information. The defendant worked at Legal Aid Ontario. The plaintiff was her boyfriends ex. The defendant accessed the plaintiffs legal aid file without authorization, learned she had dealings with Childrens Aid and threatened to call Childrens Aid to have the plaintiffs children taken from her. The plaintiff gave evidence that Childrens Aid investigated, but failed to prove this was because of the plaintiffs disclosure. The plaintiff also unsuccessfully alleged that she lost a job because of the breach or to be more precise the anxiety caused by the breach. Legal Aid Ontario settled and the defendant did not defend the action. The Court dismissed all special damages claims and said that the evidence showed irritation rather than devastation. On a $100,000 claim, it awarded a modest amount for general damages. The judgement unfortunately records the damages award at both $7,500 and $10,000. The Court also awarded $6,500 in partial indemnity costs.