Appellate decision lays foundation for civil liability of regulators who trample privilege

By Shane D’Souza, Owais Ahmed and Natalie V. Kolos ( May 29, 2025, 11:11 AM EDT) -- The British Columbia Court of Appeal’s recent decision, Lamarche v. British Columbia (Securities Commission), 2025 BCCA 146 (Lamarche), confirms that a regulator may face civil liability if it does not appropriately protect privilege during an investigation. The decision focuses on the tort for intentional breach of privacy under the British Columbia Privacy Act, but it has wider implications given similar statutory privacy torts in other provinces and similarities to the common law privacy tort....