A Toronto woman is suing cellphone provider Rogers Wireless for a breach of privacy that led to the end 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's problems began in 2007 when her husband signed a contract with Rogers to provide home phone and internet service at the couple's home.
The woman, whose last name is different from her husband's, had a Rogers cellphone under her own name that was not supposed to be included in the services her husband had ordered.
But unbeknownst to Nagy, Rogers included her personal cellphone statement with the family's invoice, which was mailed to her husband.
Nagy was having an extramarital affair at the time and the bill revealed frequent long calls to her lover.
According to a statement of claim filed in the Ontario Superior Court of Justice, "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."
The husband left Nagy and their two children, aged 6 and 7, a month after making the discovery.
After the breakup, Nagy was emotionally distraught and eventually lost her job and her ability to work.
She also broke off the affair shortly 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.
The statements made in the court document have not been proven.
Rogers says it cannot be held responsible for the condition of the marriage, the affair or the subsequent breakup.
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