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ARTICLE · 05 DECEMBER 2025

Civil Claims Struck Due To Privacy Breach From Unauthorized Access To Text Messages (McCarrell v. McCarrell)

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Canadian law affords constitutional protection to privacy rights. In criminal matters, evidence that is obtained in violation of section 8 of the Canadian Charter of Rights and Freedoms...

CanadaLitigation, Mediation & Arbitration
James R.G. Cook
James R.G. Cook
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Canadian law affords constitutional protection to privacy rights. In criminal matters, evidence that is obtained in violation of section 8 of the Canadian Charter of Rights and Freedoms is routinely excluded. In civil matters, the right to privacy has developed as a common law value supported by the Charter and the courts may exclude evidence obtained by litigants who conduct "self help" remedies that infringe on another party's privacy rights.

In McCarrell v. McCarrell, 2025 ONSC 6369, the plaintiff and his former spouse, who had a son together, were involved in ongoing, acrimonious family court proceedings.

Between 2019 and 2023, the plaintiff's spouse exchanged private text messages with two friends discussing the plaintiff and his history of criminal charges, including assault. The communications occurred on her password-protected cellphone.

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