Case information
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40573
Glenn Winder v. Marriott International, Inc., et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-07-25 | Close file on Leave | |
| 2023-07-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-07-13 | Judgment on leave sent to the parties | |
| 2023-07-13 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C70286, 2022 ONCA 815, dated November 25, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-06-05 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-05-19 | Correspondence received from, CA order still not available | Glenn Winder |
| 2023-03-08 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-03-10, (Printed version filed on 2023-03-10) | Glenn Winder |
| 2023-02-27 | Certificate (on limitations to public access), 23A | Marriott International, Inc. |
| 2023-02-27 | Notice of name | Starwood Canada ULC |
| 2023-02-27 | Notice of name | Luxury Hotels International of Canada, ULC |
| 2023-02-27 | Notice of name | Marriott International, Inc. |
| 2023-02-27 | Book of authorities, (Book Form), Completed on: 2023-03-02, (Printed version filed on 2023-02-28) | Marriott International, Inc. |
| 2023-02-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-03-02, (Printed version filed on 2023-02-28) | Marriott International, Inc. |
| 2023-01-26 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2023-01-26 | |
| 2023-01-24 | Certificate (on limitations to public access), 23A | Glenn Winder |
| 2023-01-24 |
Application for leave to appeal, (Book Form), - Formal order form, filed on 2023-02-08 Required: - CA Order, Completed on: 2023-05-19, (Printed version filed on 2023-01-24) |
Glenn Winder |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Winder, Glenn | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Marriott International, Inc. | Respondent | Active |
| Luxury Hotels International of Canada, ULC | Respondent | Active |
| Starwood Canada ULC | Respondent | Active |
Counsel
Party: Winder, Glenn
Counsel
Alex Dimson
Joel Rochon
Ron Podolny
Aylin Manduric
65 Queen St. W., Suite 1155
Toronto, Ontario
M5H 2M5
Telephone: (519) 660-7872
FAX: (519) 660-7873
Email: michael.robb@siskinds.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Marriott International, Inc.
Counsel
Ruth E. Promislow
Nina Butz
Mehak Kawatra
Ashley Paterson
One First Canadian Place
Suite 3400, PO Box 130
Toronto, Ontario
M5X 1A4
Telephone: (416) 777-4879
FAX: (604) 891-5353
Email: eizengam@bennettjones.com
Party: Luxury Hotels International of Canada, ULC
Counsel
Ruth E. Promislow
Nina Butz
Mehak Kawatra
Ashley Paterson
One First Canadian Place
Suite 3400, PO Box 130
Toronto, Ontario
M5X 1A4
Telephone: (416) 777-4879
FAX: (604) 891-5353
Email: eizengam@bennettjones.com
Party: Starwood Canada ULC
Counsel
Ruth E. Promislow
Nina Butz
Mehak Kawatra
Ashley Paterson
One First Canadian Place
Suite 3400, PO Box 130
Toronto, Ontario
M5X 1A4
Telephone: (416) 777-4879
FAX: (604) 891-5353
Email: eizengam@bennettjones.com
Summary
Keywords
Civil procedure — Class actions — Certification of issues — Tort — Intrusion upon seclusion — Respondents collected customers’ information — Information accessed by unknown, unauthorized persons — Whether respondents liable for intentional tort of intrusion upon seclusion — Circumstances in which party which collects and stores individuals’ personal information in a database within its control for commercial purposes is liable for intrusion upon seclusion with respect to information.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Marriott International, Inc. disclosed that the information provided to it by its customers had been accessed by unknown, unauthorized persons who had hacked into the Marriott Starwood reservations database. In Ontario, Mr. Winder was granted carriage of an action against Marriott and its various subsidiaries and affiliates alleging that they were liable for the intentional tort of intrusion upon seclusion. Similar actions were initiated in four other provinces. The Ontario action was allowed to proceed and the others were stayed on terms: 2020 ONSC 7701. Mr. Winder made several arguments, including that Marriott had invaded the privacy of its customers by collecting and storing their personal information in a way that did not reflect the representations it had made to its customers. He moved to certify the proceeding as a class proceeding. However, before the certification motion proceeded, the parties agreed to state the following question of law: does the statement of claim disclose a cause of action against Marriott under the tort of intrusion upon seclusion?
The certification judge found that the pleadings did not disclose a cause of action for intrusion upon seclusion. The Court of Appeal dealt with this case together with Owsianik v. Equifax Canada Co., SCC File No. 40577, and Michael Obodo v. Trans Union of Canada, Inc., SCC File No. 40555. It addressed the shared issues in its reasons in Owsianik, but the issues specific to Mr. Winder’s appeal in separate reasons. It dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
2022 ONSC 390, CV-18-00611365-00CP
Order that statement of claim does not disclose cause of action against respondents on tort of intrusion against seclusion.
Court of Appeal for Ontario
2022 ONCA 815, C70286
Appeal dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available