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Home 🌿 Medical Cannabis News 🌿 Novel Privacy Tort Recognized in Certification of Marihuana Medical Access Plan Class Action 🌿Novel Privacy Tort Recognized in Certification of Marihuana Medical Access Plan Class Action
Class actions continue to be at the forefront of the development of privacy rights. Recently, the novel tort of “publicity given to private life” was permitted to proceed as a cause of action in the class proceeding John Doe and Suzie Jones v. Her Majesty the Queen.[1] This latest privacy class action certification decision not only recognizes a novel form of privacy tort but also demonstrates how the courts find class actions a good vehicle for the prosecution of privacy breaches.
John Doe and Suzie Jones is based on the alleged privacy breaches that occurred when, in November 2013, Health Canada mailed oversized letters to 40,000 individuals with the return address listed as the Marihuana Medical Access Program (“MMAP”). The name of each individual and the name of the program were visible on the outside of the envelope. The plaintiffs allege that this breached their privacy rights by publicly...
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