New Tort – Public Disclosure Of Private Facts

In a strong and purposefully worded decision, the Ontario Superior Court of Justice recognized a new cause of action referred to as "public disclosure of private facts."

The Ontario Superior Court of Justice, speaking through Justice Stinson, recognized that one person will be liable to another for invasion of the other's privacy rights if the matter publicized or the act of the publication: (a) would be highly offensive to a reasonable person; and (b) is not of legitimate concern to the public.

The courts concluded that without this cause of action, a gap in the common law would exist for facts that ought reasonably be grounds to hold a person civilly responsible.