The Development Of Privacy Torts In Ontario: A Case Comment

In Jones v Tsige 2012 ONCA 32 the Court of Appeal for Ontario issued the first definitive statement from a Canadian appellate court that there is a common law right of action for intrusion upon seclusion, or invasion of personal privacy. The elements of the new tort are defined by reference to the Restatement (Second) of Torts (2010), following the approach taken by US and Australian courts.

Facts

Jones and Tsige worked at separate branches of a Canadian bank. While the two parties had no personal contact, Tsige formed a relationship with Jones's former husband. Over the course of four years, Tsige accessed Jones's personal bank account information at least 174 times, for the alleged purpose of confirming whether Jones's former husband was paying child support to Jones. Jones brought a claim for invasion of privacy and breach of fiduciary duty and moved for summary judgment. Tsige brought a cross-motion for summary judgment to dismiss the action on the basis that