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ARTICLE · 25 JANUARY 2012

Seclusion Intrusion: A Common Law Tort For Invasion Of Privacy

McMillan LLP
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How would you react if you discovered that someone had accessed your bank records more than 174 times, without authorization or any lawful reason? Sandra Jones ("Jones") reacted by suing for invasion of privacy.

CanadaLitigation, Mediation & Arbitration
McMillan LLP
McMillan LLP
Lyndsay Wasser
Lyndsay Wasser
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How would you react if you discovered that someone had accessed your bank records more than 174 times, without authorization or any lawful reason? Sandra Jones ("Jones") reacted by suing for invasion of privacy. Her action was summarily dismissed by the Ontario Superior Court of Justice on the basis that Ontario does not recognize common law privacy rights, and Jones was ordered to pay $30,000 in costs to the woman who had repeatedly invaded her privacy.

This week, the Ontario Court of Appeal overturned the lower court's decision.1 In the process, the Court definitively recognized a new common law tort: "intrusion upon seclusion." This decision represents an important evolution in Canadian privacy law, which will affect businesses and individuals. In particular, this case has the potential to significantly impact private-sector, provincially-regulated employers in Ontario and other provinces that do not currently have data protection legislation applicable to

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