On April 21, 2016, the Ontario Superior Court of Justice released the decision of Harper J in John Stevens v Glennis Walsh, affirming a Small Claims Court finding that the unauthorized disclosure of a co-worker’s personal information to third parties was an intrusion upon seclusion.
Glennis Walsh and John Stevens are both pilots for Air Canada. By virtue of their employment with Air Canada, both have access to a password protected site that allows pilots to share their flight schedules with people on their “friends list”. Ms. Walsh accessed the schedule information of Mr. Stevens and shared this information with Maura Stevens, to whom Mr. Stevens was married but divorcing. Ms. Walsh also swore an affidavit setting out Mr. Stevens scheduling information in support of Maura Stevens in the divorce proceeding.
Harper J found that the scheduling information constituted Mr. Stevens’ personal information, and that Ms. Walsh intentionally disclosed it in a way that a reasonable person would regard as highly offensive, causing distress, humiliation and anguish.
Harper J upheld the judgment of the Small Claims Court, which awarded damages in the amount of $1,500.