A Bridge Too Far: Liability In Ontario For "Intrusion Upon Seclusion" Limited

The Ontario Court of Appeal (the "Court") recently released three decisions in class actions about expanding on the tort of intrusion upon seclusion. The Court limited the tort's application, particularly concerning parties who do not commit the "intrusion." This is consistent with other recent Ontario decisions, including another appeal decision in a class action recently released by the Divisional Court.

Owsianik v Equifax Co. (2022 ONCA 813).

In Owsianik v Equifax Co [Owsianik]¹, the Court held that the defendant company did not commit the tort of intrusion upon seclusion because it did not intrude on the plaintiffs' privacy. The Court declined to certify the proposed class action under the Class Proceedings Act (the "Act").²