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ARTICLE · 03 NOVEMBER 2026

Privacy In The Prairies: Intrusion Upon Seclusion In Alberta

Alberta's Court of King's Bench has formally recognized the tort of intrusion upon seclusion, creating a new civil remedy for privacy violations in the province. The landmark decision in BD v. Germain establishes liability for intentional or reckless invasions of private affairs, bringing Alberta in line with Ontario and expanding privacy litigation exposure for organizations. What does this mean for businesses operating in Alberta, and how should they adapt their privacy practices to address this new avenu

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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”).

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