Question
Victor works in an entry-level position at ABC Co., which operates in Ontario and British Columbia, is provincially regulated, and is non-unionized. Aside from his
Victor works in an entry-level position at ABC Co., which operates in Ontario and British Columbia, is provincially regulated, and is non-unionized.
Aside from his day job, Victor is also active on a popular social networking site, Outstagram, where he shares numerous photos and videos of himself on a daily basis with his 3,000 followers. Shortly after starting employment at ABC Co., Victor's manager asked him for his personal phone number and told him to download a specific app to his phone, explaining that this was required so that the company could easily contact him in an emergency.
During the next few months, Victor noticed his phone operating much slower than usual and brought it to an expert to be repaired. Upon investigation, Victor was informed that data from his phone was being downloaded by two other accounts through the special app installed on his phone. One of the accounts, which was only downloading Victor's photos from his phone, was traced to his manager. Victor reported this to ABC Co., which fired his manager for cause.
Victor learned that the second account was linked to ABC Co.'s compliance department, which was investigating him for insider trading at the instruction of the head of the compliance department. ABC Co. provided Victor with a copy of a redacted whistleblower report, which contained bald and unparticularized allegations accusing Victor of insider trading. Aside from the whistleblower report, there was no other basis for ABC Co. to investigate Victor. Ultimately, it was determined that Victor had not engaged in any insider trading.
1. Assuming that Victor and his manager both reside in the province of Ontario, can Victor successfully bring a civil action against his manager? If so, what is the likely outcome? Can Victor successfully bring a civil action against ABC Co. regarding his manager's conduct?
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