The Tort Of Snooping: Intrusion Upon Seclusion

In January, the Ontario Court of Appeal confirmed the existence of a new common law right of action for breach of privacy in Jones v. Tsige.¹ This potentially wide-ranging new tort is called "intrusion upon seclusion".

The case in question involved two individuals: Sandra Jones ("Jones") and Winnie Tsige ("Tsige"). Both women worked at the Bank of Montreal, but had never met. At the time of the intrusion, Tsige was dating Jones' ex-husband. Contrary to bank policy, Tsige had been surreptitiously looking at Jones' banking records. She had done so at least 174 times over a four-year period. When Jones discovered this invasion of her privacy, she advised her employer. As a result of an internal investigation, Tsige admitted to it. She also admitted that she had no legitimate reason for viewing the records.