• Context: This case pertains to a data breach at AGCO involving sales data of cannabis retailers, which Highland Cannabis alleges was misused by High Tide Inc.

Key Allegations by Plaintiff:

• Highland Cannabis claims High Tide used leaked sales data to gain a competitive advantage, proposing to purchase Highland's store based on this data and strategically opening a new store location.
• The Plaintiff asserts two torts against High Tide:
  1. Intrusion upon seclusion - unauthorized access to private information.
  2. Conversion - wrongful possession and use of the plaintiff's sales data.

Court's Findings:

• Intrusion upon Seclusion:
  • The court found no intentional or reckless act by High Tide to access the breached data.
  • High Tide was also a victim of the data breach, having its own sales data leaked.
  • The Plaintiff's distress or anguish from the use of the data was not evident or supported.
• Conversion:
  • The court ruled that conversion does not apply to intangible property like data.
  • There was no unlawful act by High Tide that denied the Plaintiff's rights to its data.

Conclusion:

• The court dismissed the action against High Tide, stating the claims were "frivolous and vexatious."
• It was deemed "plain and obvious" that the Plaintiff's claims had no reasonable prospect of success.

Outcome:

• The claims against High Tide Inc. were dismissed. The case remains against the AGCO.