By Ian Carruthers and Noel Harper
DISCLAIMER: This blog is intended to inform the reader about how the law was applied in a particular case. It should not be taken as advice regarding the outcome of any other case, even one that may have similar facts. The Court’s decision will depend on the facts of each case. Please call 1-844-210-9511 or visit carrutherslaw.ca if you would like to know more about your specific case.
This week is our final case analysis involving the Limitations Act. It involves an appellant company asking the court to grant dismissal of a respondent’s lawsuit due to the expiry of the limitation period. Does the respondent, a former employee of the company, have a case? Read through the timeline of events and be sure to answer the question below.
In 2009, the respondent was terminated from working at the appellant company and required to return a company laptop to them.
In October of 2010, the respondent learned that some of his personal emails were forwarded to an employee of his former company. By December of that year, the respondent determined that his former employee had unlawfully accessed his personal email account.
In October or November of 2011, the respondent filed a complaint with the Office of the Information and Privacy Commissioner (OPIC), which began an investigation.
On November 29, 2013, OPIC issued an order under section 52 of the Personal Information Protection Act (PIPA), stating that the employer breached its obligations under the act.
On January 15, 2015, the respondent filed a civil claim against the appellant for $310,000, as per a cause of action provided under section 60 of PIPA. The appellant argued that this claim was filed outside of the limitation period, given the respondent’s assertion that he knew of the facts of the dispute more than four years prior.
Did you get it right? Check out the next post for the solution and a brief explanation of the case in question.