A Toronto mother who says her marriage fell apart because her Rogers cellphone bill exposed her extramarital affair is suing Canada's largest cellphone provider.
But Rogers argues Gabriella Nagy can't blame its billing practices for the breakdown of her marriage.
In documents filed in the Ontario Superior Court of Justice, Ms. Nagy seeks $600,000 for alleged invasion of privacy and breach of contract.
The July, 2007, Rogers invoice ruined her life, Ms. Nagy's suit alleges.
"As a consequence of her husband's said departure, the plaintiff wept uncontrollably at her workplace, did so in the presence of other employees, distracted them, was unfocused and became incapable of performing her employment duties," the statement of claim says.
"The plaintiff continued to attempt to resume normal job functioning but was unsuccessful, and on Oct. 10, 2007, she was terminated."
Ms. Nagy's bill was being sent in her name until her husband signed up for Rogers Internet and home phone. Those services, along with Ms. Nagy's cellphone, were bundled into one bill, and that new invoice was addressed to her husband, the suit alleges.
The invoice mailed to her then-husband contained details of her outgoing cellphone calls, the suit, filed in January, 2009, says.
Ms. Nagy's husband figured out from the phone bill that she was having an affair. He left her and the children in August, 2007.
The suit further alleges that after Ms. Nagy broke off the affair, her former lover harassed her and her husband, destroying any chance of a reconciliation.
None of the allegations have been tested in court.
Rogers denies it breached Ms. Nagy's privacy and says there are no legal grounds for her claims.
"The marriage breakup apparently resulted from the fact the plaintiff was having an extramarital affair, a fact admitted in the statement of claim," the company's statement of defence reads.
"Rogers is not responsible for the plaintiff's affair or its consequences."
The communications giant is asking the court to dismiss the suit.
Ms. Nagy's suit says she continues to suffer "emotional and psychological distress" and is being treated by a psychologist and a psychiatrist.Report Typo/Error
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