Overview
Alberta now has a civil remedy for one of the most personal forms of privacy violation. On August 25, 2026, the Court of King’s Bench of Alberta (the “Court”) released its decision in BD v. Germain, 2026 ABKB 590, formally recognizing the tort of intrusion upon seclusion in the province.
The defendant, Douglas Germain (“Germain”), secretly recorded the plaintiff, BD, while she used a workplace bathroom. BD asked the Court to recognize the tort so that she could seek damages directly from him. Justice E.C. Lew agreed, concluding that the tort reflects a genuine wrong, fills a gap left by existing remedies and represents an incremental development of the common law.
The decision brings Alberta in line with Ontario, which recognized the tort more than a decade ago in Jones v. Tsige, 2012 ONCA 32 (“Jones”).