Josephine worked part-time, in substantially the same position, for two nursing homesSt. Pats and West End Villa. She asked West End Villa for significant accommodations and provided a medical note indicating that she could not perform a large majority of her duties there. While investigating her accommodation request, West End Villa contacted St. Pats, asking for information on Josephines attendance and work restrictions. St Pats responded, and also sent them a copy of the medical note Josephine had previously provided to St. Pats indicating that she could perform all of the duties of her job without accommodation. Upon finding out about this unauthorized disclosure of her medical information, Josephinea unionized employeefiled a grievance against St. Pats, seeking monetary damages for breach of her privacy. St. Pats responded that while the disclosure was not permitted under the collective agreement, the information it sent to West End Villa was innocuous since the medical note did not contain any actual diagnosis. In fact, it referred to an absence of medical restrictions.

Is the employer, St Pats, liable for breach of privacy in these circumstances?