Background: The case, "Burke v. Red Barn at Mattick’s Ltd.," took place in the Supreme Court of British Columbia, with a decision rendered on March 13, 2023. The plaintiffs, Jennifer Burke and Mallory Colter, pursued a class action against their former employer, Red Barn at Mattick’s Ltd., and Matthew Schwabe, citing a breach of privacy.

Legal Issues/Arguments: The plaintiffs alleged that Matthew Schwabe, while employed as an assistant manager, secretly recorded them and other employees in states of undress in the workplace's washroom and subsequently uploaded these images to pornographic websites. The legal issues centered on the breach of privacy under the Privacy Act, R.S.B.C. 1996, c. 373, and vicarious liability, where Red Barn at Mattick’s Ltd. was potentially liable for Schwabe’s actions. The plaintiffs argued that Red Barn at Mattick’s Ltd. should be held vicariously liable for Schwabe’s conduct, suggesting that the workplace culture condoned sexually inappropriate behavior. Red Barn countered by questioning the foreseeability of Schwabe’s actions, arguing that these were outside the scope of his employment duties and therefore could not establish vicarious liability.

Held: The court found in favor of the plaintiffs, affirming the breach of privacy and establishing the vicarious liability of the employer.

Costs/Damages Awarded: The document did not specify the total amount of costs or award granted to the successful party.