In
Jones v.
Tsige, the Ontario Court of Appeal confirmed
the existence of a new common law right of action for
breach of privacy called “intrusion upon seclusion. The
tort will only arise upon deliberate and significant
invasions of privacy, and non-pecuniary damages are
capped at $20,000. The Court gave examples of areas over
which an individual might have a reasonable expectation
of privacy, such that a breach of that privacy could
lead to a claim in this tort, including: one’s financial
and health records, sexual practices and orientation,
employment, diary or private correspondence, electronic
databases that record the books we borrow or buy, the
movies we rent or download, where we shop, where we
travel and communication by cell-phone, e-mail or text
message.
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