Cellphone company sued after affair is exposed
A Toronto woman is suing cellphone provider Rogers Wireless for a breach of privacy that she says led to the breakup of her marriage.
Gabriella Nagy is asking for $600,000 in damages for invasion of privacy, breach of confidence, breach of contract and negligence.
Nagy said it began in 2007, when her husband signed up to receive home phone and internet service with Rogers. Nagy, who has a different last name from her husband, had her own cellphone with Rogers, the bill for which was to remain separate and not be included with the bills for home phone and internet. However, Rogers began to include Nagy’s cellphone bill with the family’s invoice, which was addressed to her husband.
Nagy was having an extramarital affair and the cellphone statement sent to her husband listed regular calls to her lover.
In a statement of claim filed in the Ontario Superior Court of Justice, the Court said "The husband used the previously private and confidential information that the defendant (Rogers) unilaterally disclosed to the husband to inquire about the people that the plaintiff (Nagy) was telephoning and the nature of such calls."
Nagy’s husband left her and their two young children shortly after finding out about the affair. Nagy said after her marriage ended, she lost her job and her ability to work. She said she ended the affair not long after her husband left.
According to the statement of claim, Nagy continues to suffer emotional and psychological distress, has been prescribed antidepressants and is under the care of a psychologist and psychiatrist.
Rogers says it cannot be held responsible for the condition of the marriage, the affair or the subsequent breakup.
